Journal of the Senate of the State of Georgia regular session 1999 volume one, commenced at Atlanta, Georgia, Monday, January 11, 1999 and adjourned Wednesday, March 24, 1999

Compiler's Note
The Journal of the Senate for the regular session of 1999 is bound in two separate volumes. Volume One contains January 11, 1999 through March 15, 1999. Volume Two contains March 16,1999 through March 24,1999 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 1999
VOLUME ONE
Commenced at Atlanta, Georgia, Monday, January 11, 1999 and adjourned Wednesday, March 24, 1999 Printed on Recycled Paper

OFFICERS
OF THE
STATE SENATE
1999
MARK TAYLOR........................................ President (Lieutenant Governor) DOUGHERTY COUNTY
TERRELL STARR ................................................... President Pro Tempore CLAYTON COUNTY
FRANK ELDRIDGE, JR........................................... Secretary of the Senate WARE COUNTY
MATTHEW HILL.............................................................. Sergeant at Arms BARTOW COUNTY
STAFF OF SECRETARY OF SENATE
ROBERT EWING .......................................................... Assistant Secretary DEKALB COUNTY
DEBBIE SORRELLS ..............................................................Journal Clerk GWTNNETT COUNTY
AGNES DOSTER ................................................................ Enrolling Clerk GWINNETT COUNTY
CLARA BASKIN ...............................................................Bill Status Clerk COBB COUNTY
LINDA THOMPSON .............................................................Calendar Clerk CLAYTON COUNTY
FAYE MOORE........................................................ Index/Information Clerk GWINNETT COUNTY
FREIDA ELLIS .............................................................................. Bill Clerk FULTON COUNTY
JEFFREY FOLEY ....................................................... Assistant to Secretary DEKALB COUNTY
JANIE KAYLOR......................................................... Assistant to Secretary ROCKDALE COUNTY

MEMBERS OF THE
SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES FOR THE TERM 1999-2000

Senators

District

Address

Don Balfour (R) ........................................9 ......... Lilburn Peg Blitch(D)........................................... 7 ......... Homerville Rooney L. Bowen (D) ............................. 13 ......... Cordele Paul C. Broun (D) ..................................46 ......... Athens Robert Brown (D) ...................................26 ......... Macon B. Joseph "Joey" Brush, Jr. (R) .............24 ......... Appling Joe Burton (R) ..........................................5 ......... Atlanta Gloria S. Butler (D) ................................55 ......... Clarkston Susan W. Cable (R) ................................27 .........Macon Casey Cagle (R) .....................................49 ......... Gainesville Don Cheeks (D) ......................................23 ......... Augusta Mike Crotts (R) ...................................... 17 ......... Conyers Nathan Dean (D) ...................................31 ......... Rockmart Michael J. Egan (R) ...............................40 ......... Atlanta Vincent D. Fort (D) ................................39 ......... Atlanta Hugh M. Gillis, Sr. (D) ..........................20 ......... Soperton J. Phillip (Phil) Gingrey (R) ...................37 .......... Marietta Tim Golden (D) ........................................8 ......... Valdosta A. C. (Bob) Guhl (R) ...............................45 ......... Social Circle Ed Harbison (D) ..................................... 15 ......... Columbus Greg Hecht (D) .......................................34 ......... Jonesboro Jack Hill (D) .............................................4 ......... Reidsville George Hooks (D) ................................... 14 ......... Americus Waymond "Sonny" Huggins (D) ............53 ......... LaFayette Carol Jackson (D) ..................................50 ......... Cleveland Donzella J. James (D) ............................35 ......... College Park Diana Harvey Johnson (D) ......................2 ......... Savannah Eric Johnson (R) ......................................1 ......... Savannah Rene' D. Kemp (D) ...................................3 ......... Hinesville Bart Ladd (R) .........................................41 ......... Doraville Robert Lamutt (R) .................................21 ......... Marietta Clay Land (R) ......................................... 16 ......... Columbus Daniel W. Lee (D) ..................................29 ......... LaGrange

Eddie Madden (D) ..................................47 ......... Elberton Richard O. Marable (D) .........................52 ......... Rome Michael S. Meyer von Bremen (D) ........ 12 ......... Albany Sonny Perdue (R) ................................... 18 ......... Bonaire Mike Polak (D) .......................................42 ......... Atlanta Rick Price (R) .........................................28 ......... Fayetteville Thomas E. Price (R) ...............................56 ......... Roswell Harold J. Ragan (D) ............................... 11 ......... Cairo Billy Ray (R) ..........................................48 ......... Lawrenceville Sam P. Roberts (R) ................................30 ......... Douglasville David Scott (D) ......................................36 ......... Atlanta Faye Smith (D) ......................................25 ......... Milledgeville Terrell Starr (D) .....................................44 ......... Forest Park Bill Stephens (R) ....................................51 ......... Canton Connie Stokes (D) ..................................43 ......... Decatur Van Streat (D)........................................ 19 ......... Nicholls Charlie Tanksley (R) .............................32 ......... Marietta Horacena Tate (D) .................................38 ......... Atlanta Don R. Thomas (R) ................................54 ......... Dalton Nadine Thomas (D)................................ 10 ......... Ellenwood Steve Thompson (D) ..............................33 ......... Powder Springs Charles W. Walker (D) ..........................22 ......... Augusta Tommie Williams (R) ...............................6 ......... Lyons

MONDAY, JANUARY 11, 1999
SENATE JOURNAL

Senate Chamber, Atlanta, Georgia Monday, January 11, 1999 First Legislative Day
The Senators-Elect of the General Assembly of Georgia for the years 1999-2000 met pursuant to law in regular session in the Senate Chamber at 10:00 a.m. this day, and were called to order by Frank Eldridge, Jr., the Secretary of the Senate.
The following communication from the Honorable Lewis Massey, Secretary of State, certifying the Senators-Elect in the General Election of 1998, was received and read by the Secretary:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Lewis A. Massey, Secretary of State of the State of Georgia, do hereby certify that the attached three (3) pages of typewritten matter constitute a true and correct list of State Senators in the General Assembly of Georgia in the 1998 General Election held on November 3, 1998; all as the same appear on file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 18th day of December, in the year of our Lord One Thousand Nine Hundred and Ninety-eight and of the Independence of the United States of America the Two Hundred and Twenty-third.

CANDIDATE

/s/ Lewis A. Massey Secretary of State
COUNTY NAME

TITLE

ERIC JOHNSON ........................... CHATHAM DIANA HARVEY JOHNSON....... CHATHAM RENE' D. KEMP............................ LIBERTY JACK HILL.................................... TATTNALL JOSEPH A. BURTON...................DEKALB TOMMIE ANDREW WILLIAMS . TOOMBS MARGARET H. "PEG" BLITCH.. CLINCH TIMOTHY ROBERT GOLDEN.... LOWNDES DONALD KENNETH BALFOUR, II................................. GWINNETT NADINE THOMAS........................ DEKALB HAROLD RAGAN.......................... GRADY MICHAEL S. MEYER VON BREMEN ............... DOUGHERTY

STATE SENATOR, DISTRICT 1 STATE SENATOR, DISTRICT 2 STATE SENATOR, DISTRICT 3 STATE SENATOR, DISTRICT 4 STATE SENATOR, DISTRICT 5 STATE SENATOR, DISTRICT 6 STATE SENATOR, DISTRICT 7 STATE SENATOR, DISTRICT 8
STATE SENATOR, DISTRICT 9 STATE SENATOR, DISTRICT 10 STATE SENATOR, DISTRICT 11
STATE SENATOR, DISTRICT 12

JOURNAL OF THE SENATE

ROONEY L. BOWEN, JR............. CRISP

GEORGE HOOKS.......................... SUMTER

ED HARBISON. ............................. MUSCOGEE

CLAY DANIEL LAND................... MUSCOGEE

MIKE CROTTS .............................. ROCKDALE

SONNY PERDUE.......................... HOUSTON

DONNIE LAVAN STREAT, SR.... COFFEE

HUGH GILLIS, SR........................ TREUTLEN

ROBERT B. LAMUTT.......... ......... COBB

CHARLES WILL WALKER

RICHMOND

DONALD EDWARD CHEEKS..... RICHMOND

BEN JOSEPH 'JOEY BRUSH,

JR. ................................................... COLUMBIA

HAZEL FAYE SMITH................... BALDWIN

ROBERT BROWN ......................... BIBB

SUSAN WATT CABLE.................. BIBB

RICHARD J. PRICE. ..................... FAYETTE

DANIEL WILLIAM LEE .............. TROUP

SAM P. ROBERTS. .................... ....DOUGLAS

NATHAN DEAN............................ POLK

CHARLIE TANKSLEY............ ...... COBB

STEPHEN P. THOMPSON

COBB

GREGORY KEITH HECHT

CLAYTON

DONZELLA JOHNSON JAMES.. FULTON

DAVID SCOTT............................... FULTON

JOHN PHILLIP GINGREY

COBB

HORACENA TATE ........................ FULTON

VINCENT D. FORT....................... FULTON

MICHAEL J. EGAN ...................... FULTON

CHARLES BARTON LADD

DEKALB

MICHAEL CHARLES POLAK..... DEKALB

CONNIE STOKES......................... DEKALB

TERRELL A. STARR .................... CLAYTON

ARTHUR C. GUHL ....................... WALTON

PAUL C. BROUN........................... CLARKE

EDDIE MAURICE MADDEN ELBERT

WILLIAM MCCRARY RAY, II..... GWINNETT

L. S. CASEY CAGLE.... ................. HALL

CAROL JACKSON......................... WHITE

WILLIAM V. STEPHENS ............. CHEROKEE

RICHARD O. MARABLE..............FLOYD

WAYMOND (SONNY) HUGGINS WALKER

DONALD R. THOMAS.................. WHITFIELD

GLORIA SINGLETON BUTLER . DEKALB

THOMAS EDMUNDS PRICE ...... FULTON

STATE SENATOR, DISTRICT 13 STATE SENATOR, DISTRICT 14 STATE SENATOR, DISTRICT 15 STATE SENATOR, DISTRICT 16 STATE SENATOR, DISTRICT 17 STATE SENATOR, DISTRICT 18 STATE SENATOR, DISTRICT 19 STATE SENATOR, DISTRICT 20 STATE SENATOR, DISTRICT 21 STATE SENATOR, DISTRICT 22 STATE SENATOR, DISTRICT 23
STATE SENATOR, DISTRICT 24 STATE SENATOR, DISTRICT 25 STATE SENATOR, DISTRICT 26 STATE SENATOR, DISTRICT 27 STATE SENATOR, DISTRICT 28 STATE SENATOR, DISTRICT 29 STATE SENATOR, DISTRICT 30 STATE SENATOR, DISTRICT 31 STATE SENATOR, DISTRICT 32 STATE SENATOR, DISTRICT 33 STATE SENATOR, DISTRICT 34 STATE SENATOR, DISTRICT 35 STATE SENATOR, DISTRICT 36 STATE SENATOR, DISTRICT 37 STATE SENATOR, DISTRICT 38 STATE SENATOR, DISTRICT 39 STATE SENATOR, DISTRICT 40 STATE SENATOR, DISTRICT 41 STATE SENATOR, DISTRICT 42 STATE SENATOR, DISTRICT 43 STATE SENATOR, DISTRICT 44 STATE SENATOR, DISTRICT 45 STATE SENATOR, DISTRICT 46 STATE SENATOR, DISTRICT 47 STATE SENATOR, DISTRICT 48 STATE SENATOR, DISTRICT 49 STATE SENATOR, DISTRICT 50 STATE SENATOR, DISTRICT 51 STATE SENATOR, DISTRICT 52 STATE SENATOR, DISTRICT 53 STATE SENATOR, DISTRICT 54 STATE SENATOR, DISTRICT 55 STATE SENATOR, DISTRICT 56

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

Balfour Blitch

Bowen Broun, 46th

Brown, 26th Brush

MONDAY, JANUARY 11, 1999

Burton Butler Cable Cagle Cheeks Crotts
Dean ^ FGoilraltins Gingrey
Golden Guhl Harbison Hecht Hill Hooks

Huggins Jackson James Johnson,D Johnson.E Kemp
Ladd LL^aeaemndutt Madden
Marable Meyer von Bremen Perdue Polak Price,R Price.T

Ragan Ray Roberts Scott Smith Starr
Stephens SS_ ttorekaets Tanksley
Tate Thomas.D Thomas,N Thompson Walker Williams

Senator Dean of the 31st offered scripture reading and prayer.
Senator Dean of the 31st led the Senators-Elect in the Pledge of Allegiance to the Flag of the United States of America.
The Secretary introduced Honorable Herbert Phipps, Superior Court Judge of Dougherty County Judicial Circuit, who administered the oath of office to all Senators-Elect. The Senators came to the Well of the Senate by row to take the following oath of office:
"I do hereby solemnly swear or affirm that I will support the Constitution of this state and of the United States and, on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this state.
I further swear or affirm that I am not the holder of any unaccounted for public money due this state or due any political subdivision or authority thereof; and that I am not the holder of any office of trust under the government of the United States, nor of any other state, nor of any foreign state, which by law I am prohibited from holding. I further swear that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. So help me God."
The Secretary announced that the next order of business was the election of the President Pro Tempore.
Senator Hooks of the 14th nominated Senator Starr of the 44th as President Pro Tempore.
Senator Walker of the 22nd seconded the nomination.
Senator Price of the 56th nominated Senator Eric Johnson of the 1st as President Pro Tempore.
Senator Cagle of the 49th seconded the nomination.
Senator Walker of the 22nd asked unanimous consent that the nominations be closed; the consent was granted.
The Secretary ordered a roll call vote on the nominees for President Pro Tempore; a yea vote would favor Senator Starr of the 44th, a nay vote would favor Senator Johnson of the 1st. The vote was as follows:

JOURNAL OF THE SENATE

N Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th N Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D N Johnson,E Y Kemp N Ladd N Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen N Perdue Y Polak

N Price,R N Price,T Y Ragan N Ray N Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thompson Y Walker N Williams

On the vote for President Pro Tempore, the votes for Senator Starr of the 44th were 34; the votes for Senator Johnson of the 1st were 22, and Senator Starr of the 44th was elected President Pro Tempore.
The Secretary appointed Senators Hooks of the 14th, Walker of the 22nd and Gillis of the 20th to escort Senator Starr of the 44th, President Pro Tempore, to the Well of the Senate, where he addressed the Senate briefly.
Senator Starr of the 44th, President Pro Tempore, assumed the Chair.
Senator Starr of the 44th announced the next order of business was the election of the Secretary of the Senate.
Senator Broun of the 46th nominated the Honorable Frank Eldridge, Jr. of Ware County as Secretary of the Senate.
Senator Walker of the 22nd asked unanimous consent that the nominations be closed and that the Assistant Secretary be instructed to cast the vote of the entire body for Honorable Frank Eldridge, Jr.
The consent was granted, and the Honorable Frank Eldridge, Jr. was declared duly elected Secretary of the Senate.
Judge Phipps administered the oath of office to Frank Eldridge Jr., Secretary of the Senate.
Senator Starr of the 44th, President Pro Tempore, announced that the next order of business was the election of the Sergeant at Arms of the Senate.
Senator Dean of the 31st nominated Matthew Hill as Sergeant at Arms of the Senate.
Senator Walker of the 22nd asked unanimous consent that the nominations be closed and the Secretary be instructed to cast the vote of the entire body for Matthew Hill as Sergeant at Arms of the Senate. The consent was granted, and Matthew Hill was declared duly elected Sergeant at Arms of the Senate.
The following resolution of the Senate was read and put upon its adoption:

MONDAY, JANUARY 11, 1999
SR 1. By Senators Starr of the 44th, Walker of the 22nd and Scott of the 36th: A resolution to notify the House of Representatives that the Senate has convened.
On the adoption of the resolution, the yeas were 50, nays 0, and the resolution was adopted.
The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 2. By Representative Walker of the 141st: A resolution to notify the Senate that the House of Representatives has convened.
HR 3. By Representative Walker of the 141st: A resolution calling a joint session of the House of Representatives and Senate; providing for other matters relative to the inauguration of the Governor and Lieutenant Governor.
The Speaker appointed as a Committee of Escort on the part of the House the following members: Representatives Skipper of the 137th, Walker of the 141st, Smyre of the 136th, Coleman of the 142nd, Cummings of the 27th, Reaves of the 178th and Dixon of the 168th. The following resolutions were read and put upon their adoption:
HR 2. By Representative Walker of the 141st: A resolution to notify the Senate that the House of Representatives has convened.
On the adoption of the resolution, the yeas were 34, nays 0, and the resolution was adopted.
HR 3. By Representative Walker of the 141st: A resolution calling a joint session of the House of Representatives and Senate; providing for other matters relative to the inauguration of the Governor and Lieutenant Governor.
On the adoption of the resolution, the yeas were 42, nays 0, and the resolution was adopted. Senator Starr of the 44th appointed as a Committee of Escort on the part of the Senate the following: Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Walker of the 22nd, Starr of the 44th, Dean of the 31st and Hecht of the 34th. Serving as doctors of the day were Dr. James A. Kaufmann and Dr. Bobby Kaufmann of Atlanta, Georgia.

JOURNAL OF THE SENATE
Senator Walker of the 22nd moved that the Senate stand in recess until noon, then pursuant to HR 3 attend the Joint Session of the Senate and House called for the purpose of inaugurating the Honorable Roy Barnes as Governor and the Honorable Mark Taylor as Lieutenant Governor, and that upon dissolution of the Joint Session adjourn until 10:00 a.m., Tuesday, January 12, 1999; the motion prevailed. The hour for convening the Joint Session of the Senate and House under the provisions of HR 3 having arrived, the President Pro Tempore, accompanied by the Secretary and the Senators, proceeded to the Capitol steps, where the Joint Session, called for the purpose of inaugurating the Honorable Roy E. Barnes as Governor and the Honorable Mark F. Taylor as Lieutenant Governor, was called to order by the Honorable Thomas B. Murphy, Speaker of the House of Representatives.
The inaugural program was as follows:
1999 Inauguration
Roy E. Barnes Governor
Mark Taylor Lieutenant Governor
The Inauguration of the Governor of Georgia January 11, 1999
Roy E. Barnes GOVERNOR OF GEORGIA
Roy Barnes, Georgia's 80th Governor, was born March 11, 1948 in Atlanta, Georgia. The second son of Bill and Agnes Barnes, he developed an early fascination with politics listening to political discussions as he worked in the family general store in Mableton. Barnes attended the public schools of Cobb County and then majored in History at the University of Georgia where he competed on the University debate team. He continued his education at UGA's Law School and served as President of the Student Bar Association. After graduating from law school, Barnes became a prosecutor in the Cobb District Attorney's office. Just two years later, he was elected to the first of eight terms in the State Senate at age 26. Four years into his Senate tenure, Barnes was named Chairman of the Senate Judiciary Committee, and in 1983, he was chosen by Governor Joe Frank Harris to be the Administration Floor Leader, a position he held until 1989.

MONDAY, JANUARY 11, 1999

While in the Senate, Barnes served on the Governor's Growth Strategies Commission and was Senate Chairman of the Constitutional Revision Committee. He was a member of appointed and interim committees studying worker's compensation, services for the aged, child abuse and domestic violence, transportation, community services for the mentally disabled and the problems of the homeless.
After completing his sixteen years of service in the Senate, Barnes continued his political career in 1993 with election to the State House of Representatives. He served as Vice-Chairman of the House Judiciary Committee and was a member of the Rules Committee and the Banks and Banking Committee.
Barnes has maintained a private law practice in Cobb County since 1975, and has been a successful businessman, banker and active member of the First United Methodist Church of Marietta as well as civic organizations throughout Cobb County.
Roy Barnes is married to Marie Dobbs Barnes, also a Cobb County native, whom he met while both were attending the University of Georgia. Marie is the daughter of Albert and Elizabeth Kelly Dobbs. Roy and Marie have three children, Harlan, Allison and Alyssa.

Mark Taylor LIEUTENANT GOVERNOR OF GEORGIA

Mark Taylor, elected the 10th Lieutenant Governor of Georgia, carried 140 of Georgia's 159 counties in the 1998 elections. Before taking state-wide office, Taylor was the youngest member of the State Senate when he began his public service career in 1987. He was born and raised in Albany, Georgia.
His effective representation of the 12th District in South Georgia led him to the position of Administrative Floor Leader for Governor Zell Miller, where he introduced the Governor's legislative agenda. This successful agenda included the lottery-funded HOPE scholarships, which have sent more than 358,000 Georgia students to college at no extra cost to taxpayers, and the state-wide Pre-Kindergarten program, which has given over 61,000 of Georgia's children a head start on their education. He also introduced legislation that put former welfare recipients to work and made communities safer with "Two Strikes and You're Out". Championed by Mark Taylor, the Job Tax Credit Act of 1989, and the 1994 BEST program both promoted economic development across Georgia.
As an executive of the Fred Taylor Company of Albany, Mark Taylor knows how important a strong economy is to Georgia. That is why attracting industry to all of Georgia is the cornerstone of his legislative agenda. He will also focus on improving education and prosecuting drug offenders.
Taylor, named by Georgia Trend Magazine as one of the top 25 "Most Powerful and Influential Georgians" of 1998, is a graduate of Emory University and the University of Georgia School of Law. He has a son, Fletcher.

Inaugural Program
Dianne Harnell Cohen D. Kimbrough King
Honorable Charles W. Walker Co-Chairs

PRE-INAUGURAL MUSIC

Lassiter High School Band Mableton Elementary Choir Army Ground Forces Band

JOURNAL OF THE SENATE

POSTING OF THE COLORS

Georgia National Guard

NATIONAL ANTHEM

John Berry

CALL TO ORDER

Speaker Thomas B. Murphy

INVOCATION

Dr. W. Frank Harrington Peachtree Presbyterian Church

RECOGNITION OF STATE OFFICIALS AND DISTINGUISHED GUESTS

Speaker Thomas B. Murphy

PRESENTATION OF GOVERNOR ZELL MILLER

Speaker Thomas B. Murphy

DELIVERY OF THE GREAT SEAL TO GOVERNOR

Secretary of State Lewis Massey

PRESENTATION OF GOVERNORELECT ROY BARNES

Governor Zell Miller

ADMINISTRATION OF OATH OF OFFICE TO GOVERNOR

Chief Justice Robert Benham Georgia Supreme Court

HONORS-19 GUN SALUTE

Georgia National Guard

INAUGURAL ADDRESS

Governor Roy E. Barnes

PRESENTATION OF LT. GOVERNOR

Senator Charles W. Walker

ADMINISTRATION OF OATH TO LT. GOVERNOR

Judge Cynthia D. Wright Superior Court of Fulton County

ADDRESS

Lt. Governor Mark Taylor

ADMINISTRATION OF OATH TO CONSTITUTIONAL OFFICERS

Governor Roy Barnes

REMARKS

Dr. Johnnetta B. Cole

"GEORGIA"

Peabo Bryson

BENEDICTION

Rabbi Arnold Goodman Aharath Achim Synagogue

MOTION TO ADJOURN Roy E. Barnes

Lt. Governor Mark Taylor Constitutional Officers
Mark Taylor

MONDAY, JANUARY 11, 1999

Governor

Lieutenant Governor

Cathy Cox Secretary of State

Thubert E. Baker Attorney General

Tommy Irvin Commissioner of Agriculture

John W. Oxendine Commissioner of Insurance

Linda Schrenko State School Superintendent

Michael Thurmond Commissioner of Labor

Public Service Commissioners

Robert B. Baker, Jr., Chairman Bob Durden

Stan Wise Lauren "Bubba" McDonald, Jr.

Robert Benham, Chief Justice

Supreme Court
Norman S. Fletcher, Presiding Justice

Leah J. Sears George H. Carley R. Harris Hines

Carol W. Hunstein Hugh R. Thompson

Edward H. Johnson, Chief Judge

Court of Appeals
William Leroy McMurray, Jr., Presiding Judge

Marion T. Pope, Jr., Presiding Judge

Dorothy Toth Beasely, Presiding Judge

Gary B. Andrews J. D. Smith Frank M. Eldridge

G. Alan Blackburn John H. Ruffin, Jr. Anne Elizabeth Barnes

The Georgia State Senate

Mark Taylor Lieutenant Governor

Don Balfour Peg Blitch Rooney L. Bowen Michael S. Meyer Von Bremen Paul Broun Robert Brown B. Joseph 'Joey' Brush, Jr. Joe Burton Gloria Butler Susan Cable Casey Cagle Don Cheeks

Eric Johnson Rene' D. Kemp Bart Ladd Robert B. Lamutt Clay Land Daniel W. Lee Eddie Madden Richard O. Marable Sonny Perdue Mike Polak Rick Price Tom Price

10

JOURNAL OF THE SENATE

Mike D. Crotts Nathan Dean Mike Egan Vincent D. Fort Hugh Gillis, Sr. Phil Gingrey Tim Golden A.C. "Bob" Guhl Ed Harbison Greg K. Hecht Jack Hill George Hooks Waymond "Sonny" Huggins Carol Jackson Donzella Johnson James Diana Harvey Johnson

Harold Ragan Billy Ray Sam P. Roberts David Scott Faye Smith Terrell A. Starr Bill Stephens Connie Stokes Van Streat, Sr. Charlie Tanksley Horacena Tate Don R. Thomas Nadine Thomas Steve Thompson Charles W. Walker Tommie Williams

The Georgia House of Representatives

Thomas B. Murphy Speaker

Ben Alien Alberta J. Anderson Kathy B. Ashe Frank I. Bailey, Jr. Charles Bannister Terry Barnard Mike Barnes Jimmy W. Benefield Kenneth (Ken) W.Birdsong Pamela Bohannon Tom Bordeaux Ron Borders Ben D. Bridges, Sr. Tyrone Brooks Jeff Brown Thomas B. Buck, III Gail M. Buckner John Bulloch Barbara Jean Bunn Mark Burkhalter Roger C. Byrd Gene Callaway Tom Campbell Steve Cash R. M. (Mickey) Channell E. M. (Buddy) Childers Bill Clark Michael T. (Mike) Coan Brooks Coleman

Keith G. Heard Joe Heckstall June Hegstrom Bill Hembree Michele Henson Ray Holland Bob Holmes Penny Houston
Henry L. Howard Ralph T. Hudgens Helen G. 'Sistie' Hudson Newt Hudson Carolyn F. Hugley Bob Irvin Lester Jackson William S. (Bill) Jackson Lynmore James Jeanette Jamieson Curtis S. Jenkins Paul Jennings Vernon Jones Brian Joyce Mitchell Kaye Bob Lane Jeff Lewis Jimmy Lord David E. Lucas George Maddox Harold Mann

Barbara Massey Reece Kasim Reed Bobby Reese Robert A. B. Reichert Tom Rice Glenn Richardson Lawrence R. Roberts Carl Rogers
A. Richard Royal Bill Sanders Randy Sauder Stephen G. Scarlett Chuck Scheid Austin Scott Tom E. Shanahan Jay Shaw Kern W. Shipp Wallace Sholar Chuck Sims Georganna T. Sinkfield Jimmy Skipper Bob Smith Charlie Smith, Jr. Clint Smith Larry Smith Lynn Smith Paul E. Smith Tommy Smith Vance Smith, Jr.

MONDAY, JANUARY 11, 1999

11

Terry L. Coleman Jack Connell Sharon Cooper Kathy Cox Mack Crawford Bill Cummings Max Davis Tommy Davis Burke Day Douglas C. Dean Buddy DeLoach George DeLoach Scott Dix Harry D. Dixon Ron Dodson Winfred Dukes Earl Ehrhart Carl Von Epps Mike Evans H. Doug Everett Dorothy Felton Johnny W. Floyd Bohby Franklin Rich Golick David B. Graves Gerald E. Greene George H. Grindley, Jr. Alien Hammontree Bob Banner Ben L. Harbin Sally Harrell

Judy Manning James L. Martin Jim Martin Warren Massey Louise McBee Tom McCall JoAnn McClinton J. E. (Billy) McKinney Fran Millar James Mills Barbara J. Mobley Greg Morris Hinson Mosley Anne Mueller Thomas B. Murphy Earl L. O'Neal Nan Grogan Orrock Bobby Eugene Parham Larry J. "Butch" Parrish Don L. Parsons Dorothy B. Pelote Garland Pinholster Charles "Judy" Poag Dan E. Ponder, Jr. DuBose Porter Alan Powell Ann R. Purcell Arnold Mays Ragas William C."Billy" Randall Robert Ray Henry L. Reaves

Calvin Smyre Bob Snelling Mike Snow Mary Squires Tracy Stallings Steve Stancil Pamela A. Stanley Ron Stephens James S. "Jim" Stokes Stephanie Stuckey Mitchell Taylor Sharon Beasley Teague Doug Teper E. C. Tillman Scott Tolbert Sharon Trense LaNett L. Turner Henrietta E. Turnquest Ralph Twiggs Renee' S. Unterman Larry Walker Len Walker Stan Watson Jack West Lynn A. Westmoreland Ben Whitaker John Wiles Jeffrey L. "Jeff" Williams Robin Williams DonWix John Yates

Inaugural Sponsors
Gold Sponsors
AFLAC Incorporated AT&T
Bell South The Coca-Cola Company Georgia Power Company
Kraft Foods Lockheed Martin Aeronautical Group
Miller Brewing Company Philip Morris Management Corp.
Synovus Financial Corp.
Silver Sponsors
AGL Resources ALLTEL
BlueCross BlueShield of Georgia

12

JOURNAL OF THE SENATE

Brown & Williamson Tobacco Corp. Coca-Cola Enterprises Inc. Georgia-Pacific Corporation United Parcel Service
Bronze Sponsors
Delta Air Lines Ford Motor Company Georgia EMC/Oglethorpe Power
Invesco Medical Association of Georgia
NationsBank SCANA Energy Wachovia Bank, N.A.
Special Thanks
Hank Aaron Anheuser-Busch
B.F.I. Dupont Georgia Crown Distributors Honorable Pierre Howard Selig Enterprises SunTrust Sutherland, Asbill & Brennan
After taking the oath of office from the Honorable Robert Benham, Chief Justice of the Supreme Court of Georgia, His Excellency, Governor Roy Barnes addressed the Joint Session of the Senate and House of Representatives as follows:
Fellow Georgians:
I am honored to be your Governor.
One hundred years ago, life was very different in Georgia. Cotton was king and king cotton was killing our economy.
One hundred years ago, Governor A.D. Candler was forced to borrow $100,000 from a New York bank because the state could not afford to pay even our school teachers.
Georgia had only seven public high schools, and for the vast majority of our children, access to elementary school, much less a college education, did not exist.
One hundred years ago, the governor proposed what he termed "ballot reforms" which effectively disenfranchised one-half of the people of Georgia, because of the color of their skin.
Today, 100 years later, we are mindful of our past with great hopes for the future - a time of reflection and renewal. Our economy is growing and we deal with the problems of prosperity and poverty. Today, 100 years later, education is, as it should be, our top priority.
But, the greatest change in Georgia is exemplified by two who share this stage today. Both, are the first in their family to attend college. Both, came to know each other in an integrated University of Georgia. And both were, and continue to be, friends. One is white, and one is black. One is the Chief Justice of the Supreme Court of Georgia who today administered the oath to the other, as the new Governor of this State.

MONDAY, JANUARY 11, 1999

13

This act, which would have been impossible 100 years ago, shows Georgia at its best, as a place where neither race, gender, nor geography will ever divide us.
As we stand on the eve of the next century, I would like to turn to the children seated here today, and to all those young people who may be listening and ask, if you remember nothing else about this day, please remember this: The future of our state is in your hands.
When our work is complete, it will be up to you to judge, to critically examine how we did our job. Did we provide you with the tools and skills necessary to meet the challenges of the new century? Did we help restore dignity to the political process? Did we provide equal opportunity and encourage new business? Did we leave Georgia a cleaner, healthier place? And most of all, did we inspire you, our leaders of tomorrow, with the idea that integrity still matters... that family values still matter... that standing up for your neighbor, no matter what race or religion, still matters?
Let us not squander this opportunity. Let us welcome it with an open embrace. Let us begin today with a challenge to our young people, to help show us the way, to help lead us in tough times by your example. Help show us that you know how to reach out to the classmate who has been bullied, to the student who cannot read, to the child who is not properly fed.
Together, let us celebrate a New Georgia ~ a diverse population, a vibrant economy, an educated workforce - and announce to the entire world that we are proud of our progress and excited about our future.
If you will accept this challenge, we will make you this pledge: to expand the promise offered by HOPE Scholarships into hope throughout our entire school system from kindergarten through high school as well as to those in college.
We will build after-school programs and alternative school programs. We will restore trust and turn the key to social mobility and economic independence. In our New Georgia, mothers and fathers struggling to educate their children will no longer fear the schools that should bring them hope.
In this new Georgia, we will not settle for second best.
Only when all of our children, receive a superior education, when all of our workers are trained, and every one of us has the opportunity to test our limits, can we fulfill our promise and nourish our humanity.
In our New Georgia, for the first time, corporate leaders and consumer advocates labor together to plan our growth, and protect our environment. The advances of technology and the needs of transportation feed one another.
Together, we will lift up the weak and weigh down the wicked, reduce illiteracy and reform health care, cut taxes and improve services, and promote growth by improving transportation, and curbing pollution.
Because, if we can make the walls that divide us come tumbling down, we can instill not just excellence in education, but an excellent example in which the young are encouraged, workers are engaged, and the sick are cared for.
And we will turn the tide on crime. For when the ringing of gunshots drowns out the ring of the school bell, and criminals too easily escape the truth of their sentences, crime takes from us the promise of our youth, and the confidence in our laws. We must protect our children, and enforce our laws, so that crime cannot steal our strength and our future.

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As I have taken this oath today from my friend, let us extend our hands to our former opponents, and challenge them to build together as friends, rather than pull apart as enemies.
For today, we are neither Democrats nor Republicans - we are Georgians.
We offer seats at our table to a broad and diverse coalition.
We remind those who play with the fire of racial hatred that they will surely be burned.
We ask those who once sought to divide us, to work with us, to build an age of hope and promise, rather than division and despair.
If we can use this opportunity to fulfill our promise, we can become not just the Capital of the New South, but a Capital for the New Century.
I cannot stand here today and tell you our task will always be easy, or that we will always agree.
But I do know this: Georgia is a state, every bit as great, as our goals are ambitious.
Although I am honored by this gathering, the people we truly seek to honor are the young Georgians who are listening today. For it is only long after we are gone, when the children of the 21st Century stand here on these steps that our work will be judged.
That is our challenge: to do our best not only for the adults of today, but also for the children of tomorrow.
Can we meet this challenge, with confidence and conviction, with hope and not dread, so that we can shape the dawn that we know is coming and reach beyond ourselves and into the future?
I believe with your help we can do this and more.
Because Georgia is a place of hope, where people of good intentions come together in search of answers to common problems. Because the heart of our dream, comes from above. And because, with faith in God, we can move ever closer to fulfilling our great promise.
Thank you, God bless you, and God bless Georgia.
After taking the oath of office from Judge Cynthia D. Wright, Superior Court of Fulton County, Lieutenant Governor Mark Taylor addressed the Joint Session of the Senate and House of Representatives as follows:
Governor and Mrs. Barnes. President Jimmy Carter, Governors Zell Miller, Joe Frank Harris, George Busbee, Lester Maddox, Carl Sanders, Ernest Vandiver, and Governor Herman Talmadge, who unfortunately is unable to attend, Members of the General Assembly. Fellow Constitutional officers. The Judges of Georgia. The Consulate Corps. My fellow Georgians.
I am humbled by your confidence, and I solicit your prayers and support. Over a century ago, the president of our country said that "a public office is a public trust." I assume this office as a public trust. I thank you for the honor and responsibility of serving as your Lieutenant Governor.
Today, we stand at the doorway, on the threshold of a new day, and a new administration. And it is a time both to look back and remember, and to look ahead to the future.

MONDAY, JANUARY 11, 1999

15

Looking back over my own life, I am grateful to my family, and especially my father and mother who have been my number one, lifelong supporters. Looking back over the past 18 months, I am thankful to my friends and supporters all over Georgia. I stand here today because of your support in three separate...hard fought campaigns.
Looking back over nearly 12 years of representing the 12th district, I pay tribute to my colleagues in the Senate, the Senate staff and especially to Lieutenant Governor Pierre Howard, for making those years productive and a solid foundation of experience that will serve me well in the next four years. All of Georgia, especially the very young, the very old and the disabled owe Pierre Howard a great debt. He honors the famous Howard name.
Looking back over the past eight years, I am thankful to Governor Zell Miller for the opportunity to serve as his floor leader in the Senate and contribute to the outstanding legacy his administration has given Georgia. That legacy of honest...scandal free government that legacy of competent state government. That legacy of fairness in state government that represents the views of all regions...all races of Georgia's people...the legacy of far-reaching programs like the HOPE Scholarship...that is a legacy that gives us a great sense of direction as we start a new administration today. What a blessing it has been to have George Busbee, who, as governor, brought 5-year-old kindergarten to our state, to serve as my campaign chairman - while I ran on a pledge to protect the programs of Zell Miller, the governor who brought us 4-year-old Pre-kindergarten.
When the voters of Georgia spoke on November 3rd, they said, "We are happy about where this state is going, and we want to continue in the same direction." They did not say "It is time to rest on our laurels." They did not say "It is time to stand pat or slow down."
The message I heard in the election results on November 3rd is "we want 4 more years of energetic...common sense leadership in state government...leadership that works together...and stays above partisan...petty...bickering...and squabbling in the legislative halls of the Capitol.
I pledge to you that I will listen more than I speak. I will work to mediate rather than dictate. I will seek to work in cooperation with Governor Barnes and with Speaker Murphy to continue the forward momentum that we have in this state.
The theme of my campaign last year was that I wanted to represent all of Georgia, and I intend to serve all of Georgia during the next four years. That means Republicans as well as Democrats, rural Georgia as well as urban Georgia. It means the young and the old, and those of all races. ALL Georgia.
I believe we must help metro Atlanta with problems involving air pollution and transportation, and I will work with Governor Barnes to help him do that. But, coming from South Georgia, I am convinced that we must now turn some of our creative...problemsolving skills to building the economic strength of rural Georgia. The fact of life is that today there are counties in our state which have been left behind economically. For the growing...prosperous...most developed parts of Georgia to be indifferent to those counties that have no economic base is not smart...it's not right...and it's not acceptable as public policy. No state can claim to be a great state if it is half-rich and half-poor.
I have promises to keep to South Georgia, promises to keep to rural Georgia...and when I work to strengthen rural Georgia, I am convinced that we will be on the solid ground of balanced...sensible growth policies which will serve the interests of every Georgian from Rabun Gap to Tybee Light. From Rising Fawn to Statenville. From Albany to Augusta.

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JOURNAL OF THE SENATE

I look forward to working with Governor Barnes as he continues the tradition of gubernatorial leadership in the area of public education. From APEG to QBE to the HOPE Scholarship...every modern governor has worked tirelessly for quality education in Georgia. And for the record...to those who oppose it...to those who misunderstand how we fund it, and especially to those who seek to change it...HANDS OFF THE HOPE SCHOLARSHIP.
I look forward to working with Attorney General Thurbert Baker...my long time friend and fellow floor leader from the Miller Administration, to ensure that Georgia's "twostrikes" provision - the toughest law on violent crime in the nation, is fully and thoroughly enforced.
I look forward to working with Secretary of State Cathy Cox, my neighbor from Bainbridge, and I strongly support her call to move parts of her agency out of Atlanta to Macon.
I look forward to working with our new Labor Commissioner Michael Thurmond as we make welfare reform work like it is supposed to work...by providing all Georgians with the skills they need for employment.
I am proud to be a part of this state government team that has a blend of new faces and experienced leaders like Agricultural Commissioner Tommy Irvin. Tommy, you know and I know that no matter how high the skyscraper you work in, you better worry if Georgia's farmers aren't getting rain. I pledge that the Georgia Senate will be farmerfriendly and active in strengthening agra-business as Georgia's number one industry.
As we go forward with this new administration, our economy is strong. It is strong because Zell Miller, Pierre Howard and Tom Murphy invested in the Georgia Research Alliance, in a strong University system, in better technical schools, in modern ports, in economic development highways and in tax incentives that brought better jobs. Because they invested in our future, we prosper.
It is my promise that every budget proposed by the State Senate will be lean and efficient. They will be balanced budgets, that will cut taxes whenever possible and will include strategic investments that benefit all of Georgia.
This opportunity to be your Lieutenant Governor fulfills so many of the dreams and aspirations in my heart, and I am confident that, with your support, the Barnes administration will fulfill all the dreams and aspiration of yours.
On this inauguration day let me close with some simple words: Thank you...people of Georgia...for letting me be a part of this. This is a special day in my life, and I hope that it will be remembered as the first day of an administration that is...
The best in healthcare The best in public education The best in public safety The best in job creation
The best in Georgia's glorious history..
Thank you for this opportunity to serve.
Lieutenant Governor Taylor, President of the Senate, announced the Joint Session dissolved.
Pursuant to provisions of a previously adopted motion, the Senate stood adjourned until 10:00 a.m. tomorrow.

TUESDAY, JANUARY 12, 1999

17

Senate Chamber, Atlanta, Georgia Tuesday, January 12, 1999 Second Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 6. By Representative Walker of the 141st:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
The Speaker has appointed as a Committee of Escort on the part of the House the following members:
Representatives Twiggs of the 8th, Martin of the 47th, Stanley of the 49th, Heard of the 89th, Channell of the lllth, Reichert of the 126th and Bordeaux of the 151st.
HR 7. By Representative Walker of the 141st:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.
HR 8. By Representative Walker of the 141st:
A resolution relative to adjournment.
The following resolutions were read and put upon their adoption:
SR 2. By Senators Scott of the 36th, Starr of the 44th and Walker of the 22nd:
A RESOLUTION
Adopting the Rules of the Senate; and for other purposes. BE IT RESOLVED BY THE SENATE that the Rules of the Senate in force at the adjournment of the regular 1998 session of the General Assembly are hereby adopted as the Rules of the Senate for the regular 1999 session of the General Assembly and for the duration of this General Assembly, with the following amendments which are also hereby adopted:
SECTION 1. The Rules of the Senate in force at the adjournment of the regular 1998 session are amended in Rule 17 by striking the fourth paragraph of Rule 17 and inserting in its place a new paragraph to read as follows:

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"No person or group shall be introduced or allowed to address the Senate after the twentieth thirtieth (30th) legislative day of a regular session. At any time during a regular session the presiding officer may introduce any member of the Georgia Congressional Delegation or any other person of national prominence. During the first nineteen (19) fifteen (IS) days of any regular session individuals or groups may be introduced and allowed to address the Senate only upon the written recommendation of a majority of the Decorum Committee. The Decorum Committee shall be composed of the President of the Senate, who shall be Chairman, the President Pro Tempore, the Majority Leader, the Minority Leader, the Majority Whip, and the Chairman of the Rules Committee. During the twentieth (20th) sixteenth (16th) through the thirtieth (30th) legislative days of any regular session, individuals or groups may be introduced and allowed to address the Senate only after a sponsoring Senator has secured a three-fourths' affirmative vote of the members of the Rules Committee assembled in a scheduled meeting."
SECTION 2.
Said rules are further amended by striking Rule 28 and inserting in its place a new rule to read as follows:
"Rule 28. The following shall be the order of business:
1. Report of the Committee on the Journal.
2. Reading of the Journal.
3. Motions to Reconsider.
4. Confirmation of the Journal.
5. Introduction of Bills and Resolutions.
6. First Reading and Reference of Senate Bills and Resolutions.
7. First Reading and Reference of House Bills and Resolutions, which shall also be in order at any later time when no other business is pending.
8. Reports of Standing Committees.
9. Second Reading of General Bills and Resolutions.
10. Call of the Roll.
11. Recitation of the Pledge of Allegiance.
12. Prayer of the Chaplain.
13. Unanimous Consents and Points of Personal Privilege.
14. Adoption of Privileged Resolutions.
15. Motions to withdraw bills or resolutions from one committee and commit to another committee.
16. Passage of Local Uncontested Bills and Resolutions.
17. Consideration of Local Contested Bills and Resolutions.
18. General Consent Calendar for Population Bills.
19. General Consent Calendar for Commemorative Resolutions.
20. Motions to Engross.
26 21. Third Reading and Consideration of General Bills and Resolutions."
SECTION 3.

TUESDAY, JANUARY 12, 1999

19

Said rules are further amended by striking Rule 30 and inserting in its place a new rule to read as follows:
"Rule 30. The Committee on Rules shall arrange and fix the calendar for each day's business for the last 36 25 days of each regular session of the General Assembly. Such calendar shall be a standing and continuing special order during said period. No matter shall be taken up or acted on otherwise than in the order and manner fixed by such calendar, except by a three-fourths vote of those voting, provided such threefourths constitutes a majority of the members elected to the Senate."
SECTION 4.
Said rules are further amended by striking the third paragraph of Rule 88 and inserting in its place a new paragraph to read as follows:
"Any bill or resolution postponed to a day certain shall take its place at the bottom of the Calendar under which the Senate is operating on the day to which it was postponed; except that after the tenth fifteenth day of any regular session, a bill or resolution postponed for the second time shall be placed on the General Calendar for the day to which it was postponed."
SECTION 5.
Said rules are further amended by striking Rule 97 and inserting in its place a new rule to read as follows:
"Rule 97. All bills and resolutions reconsidered shall take their place at the foot of the calendar of bills then in order for a third reading; however, during the last thirty (30) twenty-five (25) legislative days of each session, a reconsidered bill or resolution which was passed or adopted shall take its place at the foot of the Rules Calendar, and a reconsidered bill or resolution which was defeated shall be placed on the General Calendar."
SECTION 6.
Said rules are further amended by striking Rule 110 and inserting in its place a new rule to read as follows:
"Rule 110. The Secretary shall, as soon as possible after any bill or resolution of general application is filed in his office, cause the same to be printed and a copy thereof distributed to each member forthwith. Whenever any such bill or resolution of general application shall be reported back by the committee to which it was referred with the recommendation that it do pass as amended, the Secretary shall cause the recommended amendments to be printed and copies thereof distributed to each member. No bill or resolution of general application shall be placed on its passage unless copies of the same and any committee amendments shall have been printed and distributed to the each Senator prior to consideration for passage. The Senate may at any time by the vote of a majority of those voting, provided the total vote constitutes a quorum, suspend action upon any pending bill or resolution of general application until all amendments offered thereto on the floor of the Senate shall have been printed and distributed to the Senators."
SECTION 7.
Said rules are further amended by striking the second paragraph of Rule 143 and inserting in its place a new paragraph to read as follows:

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JOURNAL OF THE SENATE

"However, when the Senate adopts a substitute to any bill or resolution other than one offered by the committee from which the bill was last reported, passage of the bill shall be suspended at that time. The bill shall then be placed at the top of the General Calendar of the next meeting day of the Senate, at which time the previously adopted substitute shall stand automatically reconsidered and the substitute and the bill shall be before the Senate for consideration and passage. Aftei lliu nineteenth (19th) On and after the fifteenth (15th) legislative day of any regular session, the adopted substitute and bill shall be placed on the General Calendar, subject to being placed on the Rules Calendar by the Rules Committee. Any amendment offered by a Senator which contains more than three pages or is more than one-half the verbiage of the document which it amends (whichever is less) shall be treated as a substitute for the purposes of this paragraph."
SECTION 8.
Said rules are further amended by striking Rules 152 and 153 and inserting in their place new rules to read as follows:
"Rule 152. (a) The questions which arise before the Senate respecting amendments by the House to a Senate bill or resolution are, in order of precedence:
1st. A motion to agree to the House amendment as amended by the Senate.
tet 2nd. A motion to agree to the House amendment.
2nd 3rd. A motion to disagree with the House amendment.
9ni 4th. A motion to recede from the Senate's disagreement or amendment.
4th 5th. A motion to insist on the Senate's disagreement or amendment.
6th 6th. A motion to adhere to the Senate's disagreement or amendment.
fb) Rule 153. The President is authorized on his own motion, or upon point of order being made, when in his opinion a House amendment to a Senate bill is not germane, to rule out such amendment. The effect of such ruling of the President, if not appealed from or if appealed from and the appeal not sustained, shall be the same as a vote of the Senate to disagree, and as such the Secretary shall so report it to the House. Such point of order shall take precedence over a motion to agree.
rtU.J.6JLtJO. A ulutiuii tu cillltilu. tin aiiimiuiiiuiXti Hiitilti "toy tliti llOUSti IO SL tjdlciLt bill Oi1
i csulllLlOJU Lii.Ki:;C) yi t;Ct;u.ti.liCti OVtil" 1 il'lOLiuil tu ctj^i'Cti Ol* illtiii^i'cc Lu riiilCl tiliJitilidliltillL.
SECTION 9.
Said rules are further amended by striking the first paragraph of Rule 185 and inserting in its place a new paragraph to read as follows:
"The President shall appoint the following standing committees, which shall not exceed the following number of Senators each:
AGRICULTURE - 5 11
APPROPRIATIONS - S7 31
BANKING AND FINANCIAL INSTITUTIONS - i3 11
CONSUMER AFFAIRS - 5 7
CORRECTIONS, CORRECTIONAL INSTITUTIONS AND PROPERTY - ? 8
DEFENOE AND VETERANS AFFAIRS - 5
DEFENSE, SCIENCE, AND TECHNOLOGY - 10
ECONOMIC DEVELOPMENT, TOURISM AND CULTURAL AFFAIRS - 7 11

TUESDAY, JANUARY 12, 1999

21

EDUCATION - 12 ETHICS - tt 10 FINANCE AND PUBLIC UTILITIES - tS 14 HEALTH AND HUMAN SERVICES - 14 HIGHER EDUCATION - 9 8 INSURANCE AND LABOR - 8 13 INTERSTATE COOPERATION - f 5 JUDICIARY - e 9 NATURAL RESOURCES - i 12 PUBLIC SAFETY - 5 9 REAPPORTIONMENT- 19 RETIREMENT - 5 10 RULES - 26 16 SCIENCE, TECHNOLOGY, AND INDUSTRY - 0 SPECIAL JUDICIARY - f 11 STATE AND LOCAL GOVERNMENTAL OPERATIONS - 6 7 TRANSPORTATION - 5 18 YOUTH, AGING AND HUMAN ECOLOGY - 5"
SECTION 10. Said rules are further amended by striking the fourth paragraph of Rule 187 and inserting in its place a new paragraph to read as follows:
"Each standing committee at its first organizational meeting for the term shall set a quorum; however, the quorum shall not be set at less than a majority of the membership of the committee. Ex officio members shall not be counted in setting a quorum for any committee." BE IT FURTHER RESOLVED that in compiling the Rules of the Senate for use by the Senate, where any rules previously contained two or more undesignated paragraphs or subsections, the Secretary of the Senate is authorized and directed to insert numerical or alphabetic designations at the beginning of such previously undesignated paragraphs."
On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks

Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill

Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee

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JOURNAL OF THE SENATE

Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan

Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat

Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 56, nays 0, and the resolution was adopted.

SR 3. By Senators Walker of the 22nd, Starr of the 44th and Scott of the 36th:
A resolution relative to officials, employees, and committees in the Senate.
On the adoption of the resolution, the yeas were 50, nays 0, and the resolution was adopted.
The following bills were introduced, read the first time and referred to committees:
SB 1. By Senators Starr of the 44th, Walker of the 22nd, Kemp of the 3rd and Hecht of the 34th:
A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to provide that, subject to available funds, the district attorney in each judicial circuit shall appoint one additional assistant district attorney who shall prosecute as directed by the district attorney primarily cases involving violations of Article 2 of Chapter 13 of Title 16, known as the "Georgia Controlled Substances Act".
Referred to Committee on Judiciary.
SB 3. By Senators Thompson of the 33rd, Tanksley of the 32nd and Stokes of the 43rd:
A bill to amend Article 3 of Chapter 12 of Title 45, relating to appointments by the Governor, so as to change provisions relating to appointment of attorneys as executive counsel by the Governor; to change the number of counsel who may be so appointed; and for other purposes.
Referred to Committee on Judiciary.
SB 4. By Senators Land of the 16th, Egan of the 40th, Johnson of the 1st and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to create the Land, Water, Wildlife, and Recreation Heritage Fund; to provide for definitions; to provide for the administration of the heritage fund; to provide for the funding of the heritage fund; to provide for contributions to the heritage fund; and for other purposes.
Referred to Committee on Finance and Public Utilities.
SB 5. By Senator Land of the 16th:

TUESDAY, JANUARY 12, 1999

23

A bill to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem, expenses, and health insurance coverage of local board of education members, and Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for health insurance coverage of local board of education members by inclusion in such plan; and for other purposes.
Referred to Committee on Appropriations.
SB 6. By Senators Ray of the 48th, Thomas of the 10th and Balfour of the 9th:
A bill to amend Code Section 21-2-170 of the Official Code of Georgia Annotated, relating to nomination of candidates by petition, form of petition, limitations as to circulation and amendment, and listing of such candidate on ballot, so as to provide that persons notarizing petitions for write-in candidacies may not also act as circulators of such petitions; and for other purposes.
Referred to Committee on State and Local Governmental Operations (General).
SB 7. By Senator Broun of the 46th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for alternative forms and methods relating to living wills and durable powers of attorney for health care; to provide for adopting declarations and durable agencies; to provide for the effect, duration, and revocation of such documents; to provide for the Secretary of State to make forms available; and for other purposes.
Referred to Committee on Judiciary.
SB 8. By Senator Broun of the 46th:
A bill to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving permits for certain offenders, so as to provide for limited driving permits for persons whose drivers' licenses have been revoked under subsection (a) of Code Section 40-5-57.1 for certain speed limit offenses; to provide that such permits shall be approved for work related purposes only; to provide for the duration of such permits; and for other purposes.
Referred to Committee on Public Safety.
SR 4. By Senators Land of the 16th, Egan of the 40th, Johnson of the 1st and others:
A resolution proposing an amendment to the Constitution so as to require the General Assembly to provide by law for the creation of a Land, Water, Wildlife, and Recreation Heritage Fund from which funds shall be disbursed for the purposes of local government recreation grants and acquiring, conserving, managing, or preserving Georgia's natural and historic areas, water resources, and wildlife habitats; to provide for payments into the heritage fund; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Rules.
The President called for the morning roll call, and the following Senators answered to their names:

Balfour Blitch

Bowen Broun, 46th

Brown, 26th Brush

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JOURNAL OF THE SENATE

Burton Butler Cable Cagle Cheeks Crotts ean
Fort Gillis Gingrey Golden Guhl Harbison Hecht Hill Hooks

Huggins Jackson James Johnson,D Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer von Bremen Perdue Polak Price,R Price,T

Ragan Ray Roberts Scott Smith Starr Stephens Stokes Streat Tanksley Tate Thomas,D Thomas.N Thompson Walker Williams

Senator Burton of the 5th introduced the chaplain of the day, Dr. Robert Bowling, pastor of Oak Grove United Methodist Church, Decatur, Georgia, who offered scripture reading and prayer.
The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Polak of the 42nd introduced the doctor of the day, Dr. J.R.B. Hutchinson of Atlanta, Georgia.
The following resolutions were read and adopted:
SR 5. By Senators Broun of the 46th and Marable of the 52nd: A resolution commending Beth Shapiro on being named a Rhodes Scholar.
SR 6. By Senator Broun of the 46th: A resolution commending the University of Georgia women's gymnastics team on becoming the 1998 NCAA Champions.
HR 6. By Representative Walker of the 141st: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
HR 7. By Representative Walker of the 141st: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.
HR 8. By Representative Walker of the 141st:
A RESOLUTION Relative to adjournment; and for other purposes.

TUESDAY, JANUARY 12, 1999

25

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, January 15, 1999, and shall reconvene on Monday, January 25, 1999.
BE IT FURTHER RESOLVED that for the duration of the remainder of the 1999 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.
The following communications from His Excellency, Governor Zell Miller, were received and read by the Secretary:
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
April 23, 1998
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Howard:
I have vetoed Senate Bills 30, 420, 447, 491, and 529 which were passed by the General Assembly of Georgia at the 1998 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their vetoes are attached.
With kindest regards, I remain
Sincerely, Isl Zell Miller
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
April 23, 1998
Honorable Thomas B. Murphy Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker:
I have vetoed House Bills 32, 244, 274, 932, 1316, 1511, and 1538, and House Resolution 813 which were passed by the General Assembly of Georgia at the 1998 Regular Session.

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JOURNAL OF THE SENATE

Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their vetoes are attached.
With kindest regards, I remain
Sincerely, lal Zell Miller
VETO NUMBER 16
House Bill 932 changes the manner in which physicians, physicians assistants, and respiratory care professionals are licensed and regulated in Georgia and, in so doing, significantly jeopardizes the health and safety of Georgia's citizens. Instead of having the state's Medical Board serve the interests of the public, this legislation would provide the impetus for that board to serve the individual interests of the very profession which it is duty-bound to regulate.
Under current law, the Composite State Board of Medical Examiners, like every other professional health care examining board, operates under the direction of the Secretary of State's office. Having the administration of state health care examining boards under one state entity increases efficiency due to the sharing of investigative, examination, and license renewal staff. The Office of Planning and Budget has estimated that the Medical Board would need at least an additional $400,000 each year to operate as a separate state agency, and no such funds were committed for this purpose in the FY 1999 budget.
Most importantly, the Medical Board is established under current law for one primary purpose: To protect the public health and safety by licensing only those qualified to practice medicine and related health professions, and to investigate and discipline those practitioners who are unfit to practice in Georgia. The interests of the medical profession are made secondary to the interests of the public.
This is why, under current law, all members of the Medical Board are appointed by the Governor and confirmed by the Senate. The Medical Board's authority to enter into contracts with medical associations or organizations is limited to the conduct of programs for impaired physicians; whereas authority to enter into contracts for other board services is in the sole discretion of the joint-secretary of the state examining boards, subject to approval by the Secretary of State. In addition, Medical Board investigations are conducted by investigators employed by the Secretary of State to act as peace officers in that agency's examining boards division.
House Bill 932 would change this statutory scheme in several significant respects, none of which advances those public health and safety interests the Medical Board has a duty to protect:
* The Medical Board is removed from the Secretary of State's administrative oversight and is split off as an independent agency and budget unit. This treats the Medical Board differently than the Boards of Dentistry, Nursing, Optometry, Pharmacy, Psychology, and Physical Therapy, all of which are health care examining boards responsible for protecting the public under the oversight of the Secretary of State.
This separation gives members of the very profession the Medical Board seeks to regulate unbridled authority to directly influence the licensing and disciplinary actions taken by the board to protect the public from incompetent or unprofessional doctors. It also sets a

TUESDAY, JANUARY 12, 1999

27

bad precedent which could thereafter be followed by the other health care examining boards seeking separate agency status, resulting in increased costs to the state without any concomitant protection to the public.
* The Governor is "authorized" to appoint any member of the Medical Board for a regular or unexpired term "notwithstanding the fact that the Governor is required to appoint members from a list of nominees provided by state medical associations." (Emphasis added.)
In Rogers v. Medical Association of Georgia, 244 Ga. 151 (1979), the Georgia Supreme Court reviewed a law which required the Governor to appoint members to the Medical Board from a list provided by the Medical Association of Georgia. The Court held that the delegation of the power of appointment to public office to a private organization is unconstitutional. To the extent that House Bill 932 imposes the same requirement, it also is unconstitutional.
The bill also prevents a member appointed by the Governor to fill a vacancy on the Medical Board to serve until after that member is confirmed by the Senate. O.C.G.A, *45-12-52(b) permits interim board appointees to hold office until the Senate next convenes, which enable boards to continue to conduct the people's business instead of being hindered by numerous unfilled positions.
* The Medical Board is given complete authority to enter into contracts with private entities or associations to carry out its legal duties, with the one exception that the board cannot enter into exclusive contracts with medical associations for the purpose of conducting peer reviews.
Contrary to current law, which severely limits the board's authority to contract with such professional organizations, House Bill 932 would permit the Medical Board to contract away much of its duties and powers (including the authority to license, investigate, and discipline physicians) to any medical association or other private organization. This not only would amount to an unconstitutional delegation of authority to a private entity precluded by Rogers, but has the potential of sacrificing the interests of the public for the interests of the profession.
In short, House Bill 932 is anti-consumer, anti-patient, and unconstitutional. The bill permits a licensing entity which has a duty to protect the public to illegally delegate that authority to an association which has a duty to protect its membership.
The current Composite State Board of Medical Examiners has the capacity to provide substantially better protection for the public health and safety than the board created by this legislation.
For the foregoing reasons, I hereby veto House Bill 932.
VETO NUMBER 17
House Bill 1316 amends Georgia law relating to the dismissal and renewal of certain civil actions so as to permit the recommencement of a case that was originally dismissed in federal court under certain circumstances, regardless of whether the recommencement is permitted by the Federal Rules of Civil Procedure.

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After passage, a defect in the bill was discovered causing its author to request a veto. The language was perfected in House Bill 1730.
Therefore, at the request of the author, I hereby veto House Bill 1316 on technical grounds.
VETO NUMBER 18
House Bill 244 mandates state grants for pilot projects to encourage lengthening the school year to either 200 or 220 student days, instead of the current 180 day school year.
The bill specifies the amount of the grant, which is dependent upon appropriation by the General Assembly. The amount of the grant is stated as a percentage increase of operations and salaries for the additional number of school days, but the rate used is actually higher than what a school would earn for a comparable period of time during the regular school year.
Funding for this bill was not included in the FY 1999 Appropriations Act. Estimates are that this bill could cost up to $10 million for each of the years the grant is awarded, depending upon the number of days the school year is lengthened. In addition, the legislation proposes adding days to the school year without any provisions for changes in school operations, curriculum, or training. A mere lengthening of the school year without addressing these other important factors would likely have little effect upon achievement.
Moreover, there is no provision for providing local or federal funds in addition to any state funds, meaning that the actual available budget could be significantly less for the additional student days than for the regular school year. There is also no specification that the grant be for any particular number of years or that any improvement in student achievement be demonstrated at any time.
Since the bill was not supported by any funding during the 1998 session, proposes to add days to the school year without any corresponding change in school operations, and sets up reimbursement rates higher than that used during the regular school year, I hereby veto House Bill 244.
VETO NUMBER 19
House Bill 274 was originally introduced to modify a provision in the psychologist licensing law concerning immunity from liability for good faith actions performed by a psychologist. However, a Senate committee substitute wiped out the original bill and inserted a provision that requires a copy of a patient's complaint filed with the State Board of Examiners of Psychologists to be provided to the very psychologist against whom the complaint is made "as soon as practicable after the investigation is initiated."
The board's primary purpose is to protect the public by insuring that only qualified professionals are licensed and that they fulfill both legal and regulatory standards to maintain those licenses. The provision requiring production of the complaint to the psychologist at the earliest stages of the investigation will have a chilling effect upon members of the public coming forward to file complaints with the psychology board against members of the profession who may have violated Georgia law or professional standards.
Rather than having a system which encourages the public to report instances of unprofessional conduct, House Bill 274 will cause patients or others to fear retaliation if they file a legitimate complaint. The provision in the bill that permits the board to "defer" providing a copy of a complaint to a psychologist under somewhat vague circumstances does not alleviate this flaw.

TUESDAY, JANUARY 12, 1999

29

No other state examining board has a provision which requires disclosure of the entire complaint to the licensee right after the investigation is initiated. There is no reason to treat psychologists differently than other licensed professionals.
Licensed psychologists currently are provided both statutory and constitutional assurances that they will receive adequate notice of the charges against them prior to any hearing conducted by the board. A psychologist has a legal right to be apprised of the charges against him or her under the Administrative Procedure Act, O.C.G.A.* 50-1313(a), and a constitutional right to be provided with all favorable or arguably favorable information in possession of the board prior to any hearing, Wills v. Composite State Board of Medical Examiners, 259 Ga. 549 (1989). The court in Wills in fact recognized that there are situations where the identity of the complainant should not be revealed.
Because it inhibits the filing of complaints, treats psychologists differently than other licensees, and there are existing due process protections for psychologists accused of unprofessional conduct, I hereby veto House Bill 274.
VETO NUMBER 20
House Bill 1511 authorizes any member of the General Assembly to receive and investigate complaints from any executive branch employee concerning the possible existence of fraud, waste, and abuse relating to state programs or operations. The bill also creates a right of action for any employee who believes that he or she has been retaliated against for bringing such information to a member of the General Assembly.
O.C.G.A. *45-l-4 already provides a procedure for state employees to bring allegations of fraud, waste, or abuse to the attention of their employer without fear of retaliation. It is appropriate for state departments in the first instance to have a standard process for employees to report any suspicions of irregularities to their employer or designated department representative. In this way, the executive branch agency has the opportunity to receive and investigate complaints and, if necessary, take appropriate corrective action.
Nothing in current state law prohibits a member of the General Assembly from making his or her own inquiry concerning any alleged irregularities in a state agency. In addition, the General Assembly also has the option of calling upon the State Auditor's office to investigate certain circumstances.
Consequently, since an appropriate statutory procedure already exists for investigating and monitoring potential abuses in state government operations, I hereby veto House Bill 1511 as unnecessary and duplicative.
VETO NUMBER 21
House Bill 1538 amends the law creating special license plates promoting the United States Disabled Athletes Fund (USDAF) to abolish the requirement that the owners of the plate must pay a $25.00 annual special plate fee.
Currently, USDAF receives manufacturing fees of $25.00 per special license plate issued and the state receives an annual $25.00 fee per special license plate renewed. There currently are no non-state entities benefitted by the issuance of a special license plate which have the renewal fee on those special plates waived. Aside from the fact that House Bill 1538 will cost the state $750,000 annually by abolishing this renewal fee, it would set a precedent for other non-state entities to use special license plates for ongoing fundraising purposes without the state benefitting from receipt of annual special plate renewal fees.

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A veto of House Bill 1538 will not affect the ability of USDAF to continue to benefit from the issuance of special license plates promoting its cause. Those plates continue to be available for purchase as a part of state law. A veto of this bill will maintain the status quo by assuring that the state continues to receive an annual renewal fee for issuance of a special plate to promote a private entity.
For these reasons, I hereby veto House Bill 1538.
VETO NUMBER 22
Senate Bill 30 would allow for two or more volunteer fire departments to form a nonprofit corporation, and then to authorize that nonprofit corporation to receive state funding grants to the same extent as any local government.
Much attention has been paid to the amounts and extent of local assistance grants appropriated by the General Assembly. Significant changes, including enactment of the Fair and Open Grants Act of 1993, have strengthened audit requirements and accountability. These current procedures require that these type of local assistance grants be contracted through or with a local government entity.
Senate Bill 30 would operate to dilute these recent changes which are designed to ensure a level of visibility and accountability. The required involvement of local governments guarantees a level of scrutiny that is now expected by the public. Senate Bill 30 would set a precedent for removing local governments from this role.
For these reasons, I hereby veto Senate Bill 30.
VETO NUMBER 23
Senate Bill 420 provides for Georgia's entry into a Southern Dairy Compact with other states to regulate the price which southern dairy farmers receive for the milk they produce. The bill provides for "compact over-order prices," defined to mean a minimum price required to be paid to milk producers set by the commission established to administer the dairy compact.
Although it is laudable to attempt to assist dairy farmers in Georgia, inasmuch as the bill would result in price fixing likely to be held unconstitutional by the Georgia Supreme Court, it cannot be approved in its current form. In addition, enactment of this legislation would likely lead to increased prices for consumers.
As early as 1951, the Georgia Supreme Court was presented with a challenge to a law which authorized the old Milk Control Board to set the price of milk. In Harris v. Duncan, 208 Ga. 561 (1951), the Court "unreluctantly" struck down the law, and held that "(b)efore the General Assembly can authorize price fixing without violating the dueprocess clause of our Constitution, among other requirements, it must be done in a business or where property involved is 'affected with a public interest,' and the milk industry does not come within that scope." Harris, 208 Ga. at 563.
The Court anticipated the concern which Senate Bill 420 attempts to address by opining that "a business is (not) affected with a public interest merely because it is large or because the public are warranted in having a feeling of concern in respect of its maintenance....For an industry or any business to become 'affected with a public interest,' its business or its property must be so applied to the public as to authorize the conclusion that it has been devoted to a public use and thereby its use, in effect, granted to the public." Harris v. Duncan, 208 Ga. at 564.

TUESDAY, JANUARY 12, 1999

31

In Ward v. Big Apple Super Markets, 223 Ga. 756(1967), the Court reaffirmed its decision in Harris and struck down the law which gave the Georgia Milk Commission the ability to control milk prices. Once again, the Court held that the milk industry does not meet the constitutional standard to permit the state to abridge the right to contract, a property right protected by the due process clause.
The Georgia Supreme Court has used precisely the same analysis in recent years to invalidate attempts to regulate and fix prices in the gasoline industry and others which also were found not to be affected with a public interest. See Strickland v. Ports Petroleum Co., Inc., 256 Ga. 669, 670 (1987); Batton-Jackson Oil Co. v. Reeves, 255 Ga. 480, 483(1986). See also Strickland v. Rio Stores, Inc., 243 Ga. 600, 601 (cigar and cigarette dealers); Cox v. General Electric Co., 211 Ga. 286, 289(1955)(electrical appliance manufacturers).
In addition to the obvious constitutional defect, Senate Bill 420, if approved, would likely result in increased milk prices for consumers, which is what has occurred in states like Massachusetts where a milk compact has been adopted. This would be counterproductive after we have removed the sales tax off groceries in Georgia.
Consequently, because of its unconstitutionality and likely negative impact upon consumers, I hereby veto Senate Bill 420.
VETO NUMBER 24
Senate Bill 447, in its original form, authorized any local school system which was determined to have consistently under performed or otherwise be "educationally challenged" to apply to the State Board of Education for the appointment of an "educational care team," consisting of seven members who would investigate and make recommendations for improvements.
However, the Conference Committee Report to Senate Bill 447 added language from Senate Bill 565, a bill which did not pass. That language requires that students attending a postsecondary options course be counted for state funding purposes. The state already pays the cost of the student taking the postsecondary course with lottery funds, so this provision would amount to paying for the student twice with state funds. The cost of FY 1999 would be approximately $1.8 million, which was not included in House Bill 1250, the FY 1999 Appropriations Act.
In fact, it is unclear from the legislation exactly what the funding source would be. It appears that the legislation would require Quality Basic Education (QBE) funds to be used, which are state general funds. If the loss in QBE funding is replaced with lottery funds, there would be an improper supplanting of general education funds with lottery money. On the other hand, if additional lottery funds were used to pay for this legislation, it would put an unnecessary strain on other lottery programs.
For the above reasons, I hereby veto Senate Bill 447.
VETO NUMBER 25
Senate Bill 491 was amended twice on the House floor. The original bill permits the State Board of Education to waive certain middle school housing requirements for a two year period if they are infeasible for a particular school due to extraordinary growth or severe overcrowding. Although this waiver could apply to any school system, it is intended to relieve an overcrowding situation in Cobb County caused by the failure of the

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JOURNAL OF THE SENATE

special purpose local option sales tax (SPLOST) referendum. Thus, the original purpose of the bill was to undermine essential elements of middle school requirements to make up for the failure of Cobb County to pass a SPLOST.
This legislation only got worse with the House amendments. One amendment added the language from House Bill 1469, a bill which did not pass. This language allows local school systems that merge to phase in the resulting reduction in equalization grants over five years. This provision is intended to provide an incentive for more local systems to merge. Specifically, it applies to the pending merger of Dalton City and Whitfield County Schools. With this language in law, the state would continue to pay $1,068,700 which the merged system would not earn the first two years, and 75%, 50%, and 25% of that amount for the next three years, for a total of $2.6 million in additional state funds over the entire four year period.
The second amendment added the language from another bill that did not pass, House Bill 1184. This adds "foreign language" to the QBE funding language for art, music and physical education subject to appropriation. This encourages the funding of elementary and middle school foreign language in the most expensive possible way, which is to hire an elementary foreign language teacher rather than consider distance learning opportunities. The most problematic aspect of this amendment is that it adds a new program area to the QBE formula, thereby increasing expectations without any new funding. Since this unfunded portion of the QBE formula will create added pressure for future funding, it will further undermine the credibility of QBE as a funding mechanism for schools.
For all of these reasons, I hereby veto Senate Bill 491.
VETO NUMBER 26
Senate Bill 529, as passed out of the Senate, merely revised the requirements for the notice required to be provided to a property owner when changes are made to the assessment of the value of that owner's property.
However, the House added as a floor amendment to Senate Bill 529 language from House Bill 1657, a bill which did not pass. The amendment provides that if property is sold by an owner for a lower price than the value established as a result of an appeal of an assessment, then the taxpayer is entitled to a refund based upon the difference between the assessed value and the sales price.
Since a claim for refund may be made at any time within three years from the date of payment (see O.C.G.A. *48-5-380), every municipality, county, or school board would be required to refund taxes on particular parcels of property as much as three years after the property is sold.
Therefore, the net effect of the House amendment to Senate Bill 529 would mean that all of these local entities would have to generate additional revenue to create reserves to provide for potential refunds of ad valorem taxes, which would result in a potential tax increase on all municipal or county residents as opposed to a minor tax benefit for only a portion of the locality in question.
It should be noted that although property owners who sell their property for less than its assessed value normally do not get a refund, many others who sell their property for more than its assessed value are not required to pay additional ad valorem taxes.
Whereas the House amendments to Senate Bill 529 create a financial burden on the cities and counties of Georgia which could result in higher taxes upon those local residents, I hereby veto Senate Bill 529.

TUESDAY, JANUARY 12, 1999

33

VETO NUMBER 27
House Resolution 813 names a particular highway in Mitchell and Grady Counties in honor of George T. Smith, a former Speaker of the House, Lt. Governor, and a member of the judiciary serving on both of Georgia's appellate courts.
After passage of the resolution, the author of the bill, with the consent of the honoree, requested a veto on account of certain objection to the renaming of the road at this time.
Therefore, I hereby veto House Resolution 813 at the request of the author on technical grounds.

VETO NUMBER 28
House Bill 32 requires competitive bidding procedures when a county or city governing authority authorizes the construction or renovation of property for lease to the Department of Administrative Services for use by a state agency.
After passage of the bill, its author discovered technical defects in the drafting of the bill and has requested a veto.
Therefore, I hereby veto House Bill 32 on technical grounds at the request of the author.

OFFICE OF THE GOVERNOR State Capitol, Atlanta, Georgia 30334

Memorandum

To:

Honorable Pierre Howard

Honorable Thomas B. Murphy

From: Mark H. Cohen

Date: April 20, 1998

Re:

Line Item Vetoes in House Bill 1250

Please be advised that Governor Miller has line item vetoed the following Sections in House Bill 1250:

Section 10, Page 11, Applied Technology Labs

Section 39, Page 35, First Paragraph

Section 44, Page 37, Second Paragraph

Section 44, Page 37, Fourth Paragraph

Section 48, Page 38

Section 49, Page 38, First Paragraph after item (f)

Section 58, Pages 40-41

Section 59, Page 45, Fourth Full Paragraph

GOVERNOR'S VETOES IN HOUSE BILL 1250

Section 10 pertaining to the Department of Education, page 11, line 481:

These lottery funds in the amount of $3,300,000 are to equip applied technology labs in high schools that do not currently have such labs. Last year, $3,024,000 that was budgeted for the same purpose was vetoed in the FY 1998 Appropriations Act.

This does not represent the best way for local schools to acquire computer hardware and software. In every year in which it has been possible, an amount of lottery funds has been recommended for the purchase of computers for instruction in the public schools.

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JOURNAL OF THE SENATE

Other lab programs, such as language labs, computer labs, and science labs, must compete at the local level for those funds. There is no sound educational reason why applied technology labs should receive the favorable consideration they get when funds are diverted from other technology needs for them and them alone. These decisions should be made at the local level.
Included in House Bill 1250 is $26,787,000 for local systems to purchase classroom computers at a rate of $20.10 per FTE. This amount is $1,500,000 less than was recommended for classroom computers, which was diverted into the funding for applied technology labs. The balance of $1,800,000 came from the funds recommended for the HOPE Scholarship Program by reducing the amount needed for tuition, fees, and books. It is unwise to reduce the amount available for these costs until more precise estimates of actual costs are available after the beginning of the 1998-1999 school year.
Section 39 pertaining to the Department of Administrative Services, page 35, lines 1596 through 1598;
This language was approved in the 1996 session of the General Assembly to control the purchase of communications equipment that was not compatible with an 800 mega hertz system. We now believe that a limited number of communication equipment purchases need to be made for security and safety reasons that may not be compatible with an 800 mega hertz system. The Office of Planning and Budget has issued policy guidelines relative to communications equipment purchases that will address budgetary approval and technical review requirements. This language has been vetoed previously.
Section 44 pertaining to the Department of Medical Assistance, page 37, lines 1679 through 1680:
This language states that Medicaid formulary restrictions, including prior authorization, shall be based on the individual patient's clinical and medical criteria and on cost-effectiveness. The inclusion of the proposed language would compromise the department's ability to manage effectively and efficiently the use of pharmaceuticals by Medicaid recipients. The department already utilizes a prior authorization system that is based on the individual patient's clinical and medical criteria.
In addition, the language establishes an unnecessary intrusion into the day to day operation of an executive branch agency by the legislature. The Board of Medical Assistance's review and amendments to the state plan determine specific benefits and service limitations. This language has been vetoed previously.
Section 44 pertaining to Department of Medical Assistance, page 37, lines 1683 through 1684;
This language authorizes the department to develop an acuity based payment system for nursing homes. This language is unnecessary since the department currently has existing authority to develop an acuity based payment system. In addition, the department has been analyzing the feasibility of developing such a system, contingent on available resources.
Section 48 pertaining to the Department of Technical and Adult Education, page 38, lines 1709 through 1710:
This language provides authorization for the conversion of Atlanta and Savannah Area Technical Institutes to State operated institutions. The language is no longer needed since the official conversion of Atlanta Tech and Savannah Tech to state management has already occurred, and the final funding for that conversion is in this bill.

TUESDAY, JANUARY 12, 1999

35

Section 49 pertaining to the Department of Transportation, page 38, lines 1735 through 1738:
This language authorizes the Department to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maxi mum number of annual positions assigned by law. All executive branch agencies are le gally authorized to amend their budgets and transfer positions between budget functions when a properly drawn amendment to the annual operating budget has been approved by the Office of Planning and Budget. In addition, the number of positions in each budget function is not specified in the Governor's budget recommendations to the Gen eral Assembly or in the annual Appropriations Act. Therefore, this language is unneces sary. This language has been vetoed previously. .
Section 58 pertaining to federal funds, page 40, line 1831 through page 41, line 1835:
This language essentially provides a pool of federal money to be available only to sup plant state funds. It prohibits an amendment of federal funds above the amount appro priated in the Appropriations Act for purposes other than to supplant state appropria tions for the pertinent programs. This language limits the state's ability to accept additional federal funds as they become available throughout the fiscal year. This lan guage has been vetoed previously.
Section 59 pertaining to the State Board of Education, page 45, lines 2024 through 2027:
This language authorizes $2,780,000 in bond proceeds for vocational lab equipment for new and modified vocational high school laboratories. This same language and funding was vetoed last year. Computer equipment for classrooms, including those used for In troduction to Technology courses has become standard school equipment and should be replaced with formula funding for replacement equipment provided through the QBE formula and with the lottery funding provided for computer purchases. Therefore, I am vetoing the authorization language for those bond proceeds.
Excerpt from Section 10, page 11: Applied Ttttlmulugy Ldbb------------------------------------$0,000,000
Excerpt from Section 39, page 35, first paragraph:
It i& l/liti ulLcliL 01 LIic vjrtiritil'cil ASStiliiuly LllciL <ili lU.Lui'c ^juiCliaQ^S OI 1HQ10 ctliu 161flWju IU.U.SL be (jOttlj&u.Ljlc WJiLll oUO lilllZ.
rUrCXlSe& llllist t>6 ekpprOV&u uj tll6 OlliCti OI Jrifctiiillllg iiiiu Budget anu tile L)ep<irtlll6ilL ul AuIilluiist^aLivt; otsiViCccs.
Excerpt from Section 44, page 37, second paragraph:
iVLtiui.Cci.nl lul'lllLilcii ^y i tiSLi'iCLiuiiSj lilCluuin^ jji'iOi' cLiiLllOi'i^j citiu.il} Slio.ll uG Liiiotiu Oil Llici nl~

Excerpt from Section 44, page 37, fourth paragraph:
J.L IS Lliti HiLcllL OI Lliti vjr^Hefal ASSciiiulj1 LllctL Lllti IJtt^iii LinciiL OI IVltiuiCcil A
vdop an <aOuity D&bcu pflyniciiL systciii lui nun's.!iig noui^tS.
Excerpt from Section 48, page 38:

36

JOURNAL OF THE SENATE

v&illiall Ivc^iuiicil 1 cdiiiiCcil liiriLitutti~tO oLatc u^jciotcu 111S11 til tluli S.

Excerpt from Section 49, page 38, first paragraph after item (f):

All ui u.ci uu aiu unc AJC^JCII tineiiL in uiic u.i ^.iai Bc ui ILB uuwci =< 11111 U.U.L1CS JJLU OUClllL Lu

oecLiuii <->2i~2t~2i ul Llic Olliuidl v^uulc ui ijreui j^ici AiiiiuLaLcvl, ell ill

111 UVJ111|J 11C111L.C W 1 Lll OCU

, O.G.Q.A., the Depa.1 LlllCllL IB CtU-Lllui IZjClJ Lu

Uc L w ccii LJUU^C L 1 1inctiuiis piuvided IliaL Llic Uc^fcti LiiicliL D LuLal

pusitiun cumil shall iiul

L^---- / ,,.-.-,,,

law.

Excerpt from Section 58, pages 40-41:

3 llCl CIJ^ C1|J^J1 U^J

um uf Fudeidl giauL

being cH[U.ll tu tllC LuLttl uf the IWeral gianL IU.IIU.B ci v ciilciLjlt;

fui the i

aiilliig appiupilate\J- OLdtC ILlllUOj Will ^11

upuii UB unavailable fui c*pcii-iUuc uii c= ic appiupiialea y ic Ueuigi<* ciicial o

Actv

i 111O LM. U V 1O1U11

iiuL a^j^ji u^Ji iciLcU 111 LI no

Excerpt from Section 59, page 45, fourth full paragraph:

.lc cippiupilciLiui.
"* y apjfiu^nalcJ lut U LC ^JLLl^JlfOC Ul llllftlli-mg cvJui-aLiuual
i lui UULLllt^ dllll lllUC^ICllUdlL OwllVJl;1 ssy o LCIIIB Llil u ugli LljLC OLclUC JJUCll U Ul lZJU.U.i;a~
tioii, tin VJLlgll LllC !ce lOOUCtl, uf not muie tinm $2,780,000 in piin ui|Jtu ctiiiuuiiL ul Lrcnci al rti-.i:.fa< :.
lllUllLllb.

The President announced the appointment of the following Standing Committees for the 1999-2000 Term:

AGRICULTURE
Ragan, llth, Chairman Blitch, 7th, Vice Chairman Jackson, 50th, Secretary
Brush, 24th Cable, 27th Guhl, 45th Meyer von Bremen, 12th

Perdue, 18th Smith, 25th Streat, 19th Williams, 6th

APPROPRIATIONS
Hooks, 14th, Chairman Starr, 44th, Vice Chairman
Walker, 22nd, Secretary
Blitch, 7th Bowen, 13th Broun, 46th Brown, 26th Burton, 5th

Hill, 4th Jackson, 50th James, 35th Johnson, D., 2nd Johnson, E., 1st

TUESDAY, JANUARY 12, 1999

37

Cagle, 49th Cheeks, 23rd Crotts, 17th Dean, 31st Fort, 39th Gillis, 20th Golden, 8th Harbison, 15th Hecht, 34th

Lamutt, 21st Land, 16th Madden, 47th Marable, 52nd Meyer von Bremen, 12th Ragan, llth Stokes, 43rd Thomas, N., 10th Thompson, 33rd

BANKING AND FINANCIAL INSTITUTIONS

Cheeks, 23rd, Chairman Harbison, 15th, Vice Chairman
Stokes, 43rd, Secretary

Broun, 46th Cagle, 49th Crotts, 17th Gingrey, 37th

Roberts, 30th Scott, 36th Stephens, 51st Thompson, 33rd

CONSUMER AFFAIRS

Harbison, 15th, Chairman James, 35th, Vice Chairman
Price, R., 28th, Secretary

Brush, 24th Jackson, 50th

Polak, 42nd Price, T., 56th

CORRECTIONS, CORRECTIONAL INSTITUTIONS AND PROPERTY

Johnson, D., 2nd, Chairman Hecht, 34th, Vice Chairman
Guhl, 45th, Secretary

Dean, 31st (Ex Officio) Jackson, 50th Ladd, 41st

Perdue, 18th Streat, 19th

DEFENSE, SCD3NCE AND TECHNOLOGY

Polak, 42nd, Chairman Lamutt, 21st, Vice Chairman
James, 35th, Secretary

Egan, 40th Golden, 8th Hecht, 34th Hooks, 14th

Land, 16th Perdue, 18th Thomas, D., 54th

ECONOMIC DEVELOPMENT, TOURISM AND CULTURAL AFFAIRS

Broun, 46th, Chairman Brown, 26th, Vice Chairman
Lee, 29th, Secretary

Gillis, 20th Hooks, 14th (Ex Officio)

Roberts, 30th Starr, 44th (Ex Officio)

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Lamutt, 21st Price, R., 28th

Stephens, 51st Williams, 6th

EDUCATION

Marable, 52nd, Chairman Ragan, llth, Vice Chairman
Scott, 36th, Secretary

Butler, 55th Fort, 39th Gingrey, 37th Hill, 4th (Ex Officio) Price, T., 56th

Smith, 25th Starr, 44th Tanksley, 32nd Walker, 22nd (Ex Officio)

ETHICS

Starr, 44th, Chairman Hill, 4th, Vice Chairman Meyer von Bremen, 12th, Secretary

Brown, 26th Cheeks, 23rd Crotts, 17th Egan, 40th

Jackson, 50th Madden, 47th Thomas, D., 54th

FINANCE AND PUBLIC UTILITIES

Dean, 31st, Chairman Cheeks, 23rd, Vice Chairman
Bowen, 13th, Secretary

Egan, 40th Gillis, 20th Guhl, 45th Hill, 4th (Ex Officio) Johnson, E., 1st Ladd, 41st

Polak, 42nd Starr, 44th Thomas, D., 54th Thompson, 33rd Walker, 22nd (Ex Officio)

HEALTH AND HUMAN SERVICES

Stokes, 43rd, Chairman Thomas, N., 10th, Vice Chairman
Walker, 22nd, Secretary

Balfour, 9th Huggins, 53rd Johnson, D., 2nd Madden, 47th Polak, 42nd Price, T., 56th

Ragan, llth Starr, 44th Tate, 38th Thomas, D., 54th Williams, 6th

HIGHER EDUCATION

Hill, 4th, Chairman Broun, 46th, Vice Chairman
Golden, 8th, Secretary

Balfour, 9th

Marable, 52nd (Ex Officio)

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39

Cable, 27th Cagle, 49th

Scott, 36th

INSURANCE AND LABOR

Madden, 47th, Chairman Golden, 8th, Vice Chairman Harbison, 15th, Secretary

Balfour, 9th Brown, 26th Cable, 27th Crotts, 17th Kemp, 3rd

Roberts, 30th Starr, 44th (Ex Officio) Stephens, 51st Stokes, 43rd Walker, 22nd, (Ex Officio)

INTERSTATE COOPERATION

Fort, 39th, Chairman Thomas, N., 10th, Vice Chairman
Dean, 31st, Secretary

Brown, 26th

Lee, 29th

JUDICIARY
Kemp, 3rd, Chairman Hecht, 34th, Vice Chairman
Brown, 26th, Secretary
Fort, 39th Land, 16th Lee, 29th

Meyer von Bremen, 12th Ray, 48th Smith, 25th

NATURAL RESOURCES

Gillis, 20th, Chairman Kemp, 3rd, Vice Chairman
Madden, 47th, Secretary
Blitch, 7th Bowen, 13th Egan, 40th Hooks, 14th Huggins, 53rd

Land, 16th Lee, 29th Ray, 48th Walker, 22nd

PUBLIC SAFETY

Bowen, 13th, Chairman Streat, 19th, Vice Chairman
Butler, 55th, Secretary

Brush, 24th Guhl, 45th Lee, 29th

Meyer von Bremen, 12th Roberts, 30th Thomas, D., 54th

REAPPORTIONMENT
Blitch, 7th, Chairman Brown, 26th, Vice Chairman
Gillis, 20th, Secretary

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JOURNAL OF THE SENATE

Cheeks, 23rd Crotts, 17th Dean, 31st Golden, 8th Harbison, 15th Hooks, 14th Huggins, 53rd Land, 16th

Madden, 47th Marable, 52nd Price, T., 56th Scott, 36th Starr, 44th Stephens, 51st Thomas, N., 10th Walker, 22nd

RETIREMENT

Huggins, 53rd, Chairman Burton, 5th, Vice Chairman
Smith, 25th, Secretary

Butler, 55th Gingrey, 37th Ladd, 41st Starr, 44th (Ex OfFicio)

Stephens, 51st Tate, 38th Walker, 22nd (Ex Officio)

RULES

Scott, 36th, Chairman Marable, 52nd, Vice Chairman
Thomas, N., 10th, Secretary

Blitch, 7th Burton, 5th Dean, 31st Fort, 39th
Hill, 4th Hooks, 14th Johnson, D., 2nd

Johnson, E., 1st Kemp, 3rd Ray, 48th Starr, 44th (Ex Ofiicio) Thompson, 33rd (Ex Of ficio) Walker, 22nd

SPECIAL JUDICIARY

Egan, 40th, Chairman Tanksley, 32nd, Vice Chairman
Cagle, 49th, Secretary

Balfour, 9th Brush, 24th Burton, 5th Cable, 27th

Ladd, 41st Lamutt, 21st Perdue, 18th Price, T, 56th

STATE AND LOCAL GOVERNMENTAL OPERATIONS

Thomas, N., 10th, Chairman James, 35th, Vice Chairman
Tate, 38th, Secretary

Price, R., 28th Starr, 44th (Ex Officio)

Tanksley, 32nd Walker, 22nd (Ex Officio)

TRANSPORTATION Streat, 19th, Chairman

TUESDAY, JANUARY 12, 1999

41

Cheeks, 23rd, Vice Chairman Huggins, 53rd, Secretary

Butler, 55th Crotts, 17th Dean, 31st Gingrey, 37th Hill, 4th Johnson, E., 1st Marable, 52nd Price, R., 28th

Ray, 48th Starr, 44th (Ex Officio) Tanksley, 32nd Tate, 38th Thompson, 33rd Walker, 22nd (Ex Officio) Williams, 6th

The following communication was received by the Secretary:
Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334
January 11, 1999
Mr. Paul Lynch Legislative Fiscal Office 434 State Capitol Atlanta, Georgia 30334
Dear Paul:
Pursuant to Senate Rules 25 and 185, please add Senator Don Thomas as an ex-officio member of the Rules Committee.
If you have any questions, call on me or Bob Callaway of my staff. Thank you for this assistance.

Sincerely, /s/ Mark Taylor
Senator Walker of the 22nd moved that the Senate adjourn, until 10:00 a.m. tomorrow; the motion prevailed, and at 11:00 a.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Wednesday, January 13, 1999 Third Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bills were introduced, read the first time and referred to committees:
SB 9. By Senators Dean of the 31st, Hill of the 4th, Johnson of the 2nd and Marable of the 52nd:
A bill to amend Article 4 of Chapter 5 of Title 28 of the Official Code of Geor gia Annotated, relating to the Claims Advisory Board, so as to exclude certain small claims from payment by the Claims Advisory Board and the state de partment or agency affected.
Referred to Committee on Appropriations.
SB 10. By Senator Ragan of the llth:
A bill to amend Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, and Ar ticle 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the provisions relating to the bonds of dealers in agricultural products, grain dealers, live stock market operators, livestock dealers, livestock brokers, and warehousemen.
Referred to Committee on Agriculture.
SB 11. By Senators Land of the 16th, Johnson of the 1st, Perdue of the 18th and others:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Geor gia Annotated, relating to procedure for sentencing and imposition of punish ment, so as to provide that any person sentenced to imprisonment other than a sentence of life imprisonment for the first conviction or any subsequent con viction of any serious felony committed on or after the effective date of the 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.
Referred to Committee on Corrections, Correctional Institutions & Property.
SB 12. By Senators Crotts of the 17th, Lamutt of the 21st and Dean of the 31st:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Anno tated, relating to probate under the Revised Probate Code of 1998, so as to en act the "Uniform Transfer on Death Security Registration Act"; to provide for

WEDNESDAY, JANUARY 13, 1999

43

a short title; to provide for definitions; to provide for registration in benefici ary form with respect to certain types of ownership; to provide for applicable state law.
Referred to Committee on Finance and Public Utilities.

SB 13. By Senators Crotts of the 17th, Dean of the 31st, Guhl of the 45th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties and municipal cor porations, so as to provide an exception for certain volunteer firelighters to serve as a member of the governing authority of a county or municipal corporation.
Referred to Committee on State and Local Governmental Operations (General).

SR 8. By Senators Dean of the 31st, Marable of the 52nd, Broun of the 46th and Brown of the 26th:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto.
Referred to Committee on Rules.

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

Balfour Blitch Bowen Broun, 46th Brown, 26th Brush
Burfon Bu*,er cCable Cheeks Crotts jjean Egan Gillis Gingrey Golden Guhl Harbison

Hecht Hill Hooks Huggins Jackson James
Johnson,D Johnson,E ,,Kemp Ladd Lamutt Land Lee Madden Marable Meyer von Bremen Perdue Polak

Price.R Price.T Ragan Ray Roberts Scott
Smith Starr S<-,t, ep,hens Stokes Streat Tanksley Tate Thomas,D Thomas,N Thompson Walker Williams

Not answering was: Fort

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Dean of the 31st introduced the chaplain of the day, Matthew Hill, Sergeant at Arms of the Senate, who offered scripture reading and prayer.

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Pursuant to HR 6, the President announced the Committee of Escort for the Joint Ses sion: Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Walker of the 22nd, Starr of the 44th, Dean of the 31st, and Golden of the 8th.
Serving as doctor of the day was Dr. Joy Maxey of Atlanta, Georgia.
The following resolutions were read and adopted:
SR 7. By Senator Broun of the 46th:
A resolution recognizing and commending Debra Harden as the Georgia School Superintendent of the Year for 1998.
SR 9. By Senators Crotts of the 17th, Harhison of the 15th, Johnson of the 1st and others:
A resolution commending Major General William P. Bland, Jr.
Senator Walker of the 22nd moved that upon dissolution of the Joint Session, the Senate stand adjourned until 10:00 a.m. tomorrow, and the President announced the motion prevailed at 10:26 a.m..
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing a message from His Excellency Governor Roy Barnes, pursuant to HR 6, adopted previ ously, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor. HR 6, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.
His Excellency, Governor Roy Barnes, addressed the Joint Session of the Senate and House of Representatives as follows:
Lieutenant Governor Taylor, Speaker Murphy, and members of the General Assembly:
Two days ago in my inaugural address, I challenged the youth of our state to help show us the way, to help lead us in tough times by their example.
I told them that if they could reach out to their fellow classmates with compassion, with tolerance, and with dignity, we would reach out to them by expanding the promise of fered by HOPE Scholarships into hope throughout our entire school systems.
I asked that we celebrate a New Georgia where, together, we tackle difficult issues such as health care, transportation, pollution and crime - issues we emphasized in our campaign.
We promised voters we would tackle the challenges working mothers face finding day care.
We promised voters affordable and fair health care for all of our citizens.
We promised voters that we would reduce their tax burden and work as a stronger part ner to extend economic opportunity throughout Georgia.
Now, ladies and gentlemen, it is time to begin.
Now is the time to begin the work of making Georgia not just the capital of the New South, but a capital for the new century.
In my supplemental budget last week I announced our property tax cut.

WEDNESDAY, JANUARY 13, 1999

45

Today, I am happy to announce that the budget before you includes a $83 million prop erty tax cut. If you agree to this proposal, the first $10,000 of our homes and family farms will be exempt from property taxes.
My plan is that over the next seven years, we will eliminate taxes on the first $50,000 in value on your homes and family farms.
For many young couples struggling to qualify for their first home, and for many elderly couples on fixed incomes who are fighting tooth and nail to stay in their homes- this tax cut will help lift the burden and fulfill the dream of home-ownership.
And we can do this without cutting important programs or raising taxes.
While providing a much-needed tax cut which will help to stimulate our economy, we must also address our problems of growth and development.
You've seen the headlines.
You've seen the newscasts.
Just this month, the United States Census Bureau announced that for the second year running, Georgia is the fastest growing state in the South; the third-fastest in the country.
We are experiencing growth in population, in new business, in venture capital, in new technology, in new housing. In almost every category you care to name, we are flourishing.
But with increased growth conies increased responsibility.
We have 25,000 more children in our schools this year.
Our prison population continues to multiply.
Our local governments are busting at the seams, searching for ways to keep up with the demand for more classrooms and sewer stations, cleaner water and higher paid police officers.
We have done a remarkable job attracting new business, but what we haven't done is keep pace with our progress.
We haven't found a way to plan for our progress.
Because of our growth, we expect to experience a 5.6 percent increase in revenue collections.
Some of that money we want to return to the taxpayers in the form of the property tax cut I just described.
The rest of it will be used to deal with our pressing needs, as well as guard against the many indicators telling us that an economic slowdown may be on the horizon.
We have budgeted $13.3 billion for Fiscal Year 2000.
Although our budget has grown by $760 million, we have managed to keep up with the demands of being the fastest growing state in the South.
We have done this without raising a single tax or fee, while providing for a tax cut.
Before I was born, a train ran from my hometown to this state capitol, every hour, on the hour.
But, we pulled up our rail lines for more and faster lanes, which are now slowing us down, snarling our growth and polluting our air.
This crisis didn't happen overnight and the solution won't come overnight either.

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It wasn't caused by any one aspect of our society.
But, we all must shoulder a part of the blame, just as we should all pitch in to solve the problem and confront it head on.
It would be more than irresponsible if we failed to do this.
It would undermine our long history of rising to the occasion to solve difficult problems.
It would drain our economy, slow our growth, and threaten our quality of life.
The stakes are higher than ever before.
After all, the only human institution that can reject progress and still survive is the cemetery.
Today I am proposing $1 million to support the start-up and initial operating costs of a new authority, that will plan, develop and coordinate regional mass transit systems, and coordinate overall transportation planning.
This authority will also address metropolitan Atlanta's traffic and air quality problems.
I will present to you additional details concerning the mechanics of this authority in the coming weeks.
I am also recommending $300,000 to match $1.2 million in federal funds to continue the Voluntary Ozone Action Program - encouraging businesses, governments, universities and all other metro-Atlantans to use their cars less on days when Atlanta's ozone level is projected to exceed federal air quality standards.
Just as we want clean air and water, we want to create clean jobs - non-polluting, noncommuting jobs.
What we want to do is produce the graduates, attract the companies, and market the products that basically make the information superhighway work.
We want to make the nuts and bolts - or the silicon chips and semiconductors - that will bring information and services to us faster than we ever dreamed possible.
To attract the nation's best and brightest in the fields of electrical and computer engi neering, we must add faculty and continue to refine high tech curriculum at our universities.
To create the kind of high-level positions our graduates are seeking, we must focus our attention where the jobs of the future will be, namely around the design of micro-chip systems.
That is why I am recommending $13.6 million to fund the Yamacraw Project.
It is not enough to merely keep pace with our growth, we must provide the educational and economic opportunities that anticipate where we'll be, and what kind of skills our employers will be looking for 10 and 20 years from now and beyond.
Together we will build an even brighter future.
Together we will stimulate an even stronger economy.
And together we will create even more opportunity.
As I said in my Supplemental Budget Address last week, our goal is to be recognized as one of the nation's top five technology-based economies and this initiative is a downpayment on that goal.
We want to address the problems facing metro Atlanta, but under no circumstances do we want to neglect the concerns of many parts of this state still struggling to gain access to economic opportunity.

WEDNESDAY, JANUARY 13, 1999

47

Included in this budget, is $22.7 million in DOT state motor fuel funds to match the in crease in available federal dollars.
This funding, combined with the $20 million in state general funds in the FY 1999 Amended Budget, will enable the state to match all of the additional federal funds awaiting us.
I am also recommending $12.5 million for our technical schools to replace obsolete equip ment and keep up with changing technology. Furthermore, I am recommending $6.3 mil lion to open 13 new and renovated technical facilities statewide.
The newspapers may have said that they will miss Governor Miller's talks about North Georgia, as I will, but the one thing the people of Georgia won't have to miss about Gov ernor Miller is his HOPE Scholarships.
Mark my words: HOPE is here to stay.
In fact, HOPE is bigger than ever.
Included in this budget is the funding to provide an additional 8,000 students HOPE Scholarships.
I am also recommending $6.7 million to accommodate 1,500 more children in our Pre-K program.
But now is the time to also extend hope throughout our school systems by confronting a new epidemic.
While crime rates throughout our state continue to fall, our schools are suffering from violence, intimidation, suicide and murder.
How many times have you seen the same old story played out on the news: "They said they were going to do something terrible, but no one believed them, no one took them seriously."
Well, I intend to take this problem seriously.
I intend to take the steps necessary to turn the tide on violence in our schools.
Before you is a proposal to double our funding for alternative schools from $12.9 million to a total of $24.6 million.
This money will expand programs giving teachers and administrators greater opportu nity to identify problems before they explode.
It will enable us to add additional security, additional educational services, and expand the program to serve 2,000 additional students.
And, this new funding will help us standardize our pupil-teacher ratio in alternative schools.
It is time that we commit ourselves to finding answers to the problems children face.
What I am describing now is a break down of family life and family values - the slow er oding away of supervision, instruction and discipline for our youth.
That's why I am recommending we expand our after school programs to include up to 3,600 additional students, a $5 million budget increase, or a 50% increase, for a total of $16 million.
If we want to tackle the problems of school violence and juvenile crime, we must get ahead of the curve and continue to expand our commitment to after-school programs.
In fact, I helped open the first after-school program in Mableton, and I saw how it worked.

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I saw how the program helped shape young lives searching for direction, looking for answers.
Another way I want to extend hope through our public schools is by bringing more tech nology, equipment and training into the schools.
Today, every school must be wired for technology.
Now it is time to complete our technology needs.
That's why I'm recommending $33.9 million in lottery funds to allow local schools to purchase technology, equipment, and provide technology training.
If we hope to return honor, trust and dignity to the public offices we hold, then we must be above reproach, we must refuse to accept business-as-usual in state government, and we must insist that our word is our most valuable asset.
As a first step toward stripping away a rank and destructive skepticism that has settled over our land, just yesterday I signed an executive order barring members of my staff and the executive branch from accepting gifts from vendors and lobbyists.
To that end, I am submitting to you today as part of my budget, a proposal for some thing we have never done before: outside audits of state government.
Not just counting the money to make sure it's all there.
But a tough and thorough study of what is done and how it could be done better.
Cheaper.
More quickly.
More efficiently.
That is why I am proposing $4 million for a management and operational review of our largest state agencies.
I propose we put the cost savings we find from the audits into initiatives that will help us realize even greater savings in the future.
For example, in the Department of Human Resources, I am proposing $2.1 million be spent for new community-based services which will give 117 people who are mentally or physically challenged a new lease on life.
Too often, we institutionalize patients who pose no threat to society, who could be better served at a lower cost within the communities in which they live.
Another example of government that I hope will allow us to work better with less is found in Temporary Assistance to Needy Families, or TANF.
Because we have experienced a decline in our welfare roles, we have saved $40 million.
I propose we take $5 million of that $40 million in savings and reinvest it in a program we call the Fatherhood Initiative.
What this program intends to do is reach non-custodial fathers who have fallen behind on child support and make sure they live up to their responsibilities.
What we want to do is help re-build, or in some cases, build for the first time, a bridge between fathers and their families.
In so doing, we will re-establish child support payments that can help additional women and children get off welfare.
During my campaign, I promised we would work with mothers and with fathers strug gling to hold down jobs and raise children.

WEDNESDAY, JANUARY 13, 1999

49

So today I am recommending $30 million of the $40 million of welfare savings be redi rected to allow 14,706 additional children be added to our childcare programs.
For years, Medicaid has been undermined by con artists and scam artists willing to prey upon the sick and soak up your tax dollars.
We aim to, once and for all, curtail fraud.
We aim to catch, to prosecute and to imprison those who are billing Medicaid and hospi tals for services never performed.
That is why I am recommending we continue to fund 50 staff positions in the Fraud and Abuse Unit of Medicaid.
We expect to realize nearly $20 million in savings this year from their efforts.
So let us begin our work together by doing a careful and honest study of how we could do our job better, cheaper and more efficiently.
Although restoring honor and dignity to our political process is a top priority, the most daunting challenges facing us today relate to our unprecedented growth.
If we truly want to inspire young people, we must attract the teachers who know how to do it.
That is why I am recommending we increase our school teachers' salaries by four per cent, effective next school year.
I am also recommending $6.1 million to complete the initiative supported by the General Assembly last year allowing teachers to apply unused sick leave to their retirements.
This is part of an ongoing effort to keep teachers' pay in Georgia at the top in the South east, and to continue to close the gap between what we pay teachers and the national average.
State employees will receive an overall 3% cost of living increase.
I am also recommending salary increases for law enforcement and correctional officers.
It's one thing to talk tough on crime. It's another to take action.
All of us can be tough on crime by supporting law enforcement.
Until now, we have had a difficult time recruiting additional personnel.
In fact, a correctional officers' beginning salary is currently so low that our guards can qualify for Medicaid.
This is something we all should be ashamed.
It is something I will not tolerate.
That is why I am proposing we raise the starting salary of correctional officers from $18,880 to $22,000, and the starting salary of our State Troopers from $24,000 to $26,000.
The total increase in salaries for State Patrols' sworn officers - which includes salaries for Trooper Cadets, Troopers, and Trooper First Class - represents $1.2 million in this budget.
We also want to hire an additional 40 Troopers to the Georgia State Patrol. This in crease would bring the authorized count to 929.
As a first step toward making good on our promise to make health care affordable and fair for all of our citizens, I propose the creation of an Insurance Consumer Advocate.

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I hope this office will represent businesses and government, employers and individuals, all who seek to purchase insurance.
I recommend in this budget $337,000 to create this office which will address insurance rates and other regulatory matters on behalf of consumers and not insurance companies.
For once, I want more than just the insurance company's side of this story told.
With this proposal, you will have someone working for you and your families.
It is true that strengthening our education will, eventually, help lower our crime rates.
But let it be clear, we will not lower our guard, or sacrifice the safety of our streets, by being soft on crime.
In this budget you will see a dramatic increase in our capacity to keep criminals off the streets.
In this budget, you will find $48.6 million to open new prisons and staff facilities.
In addition, we have budgeted $86.1 million in state and federal dollars in our supple mental budget to provide a minimum of 2,200 additional prison beds, bringing a total of at least 8,700 new prison beds in the near future at a cost of $134.7 million.
Included in this budget, you will find $8.3 million to fund 800 beds in transitional cen ters and work camps.
This money will house non-violent offenders in places where they can improve their skills, learn discipline and the value of hard work.
I am also recommending $6.4 million for 85 new positions, equipment and related ex penses for our crime labs, bringing our total expenditures for this session to $28.1 million.
Put quite simply, the Georgia Crime Lab has been nothing short of a disaster.
Their delays have not only imperiled the enforcement and prosecution of criminals, but have also, in some cases, delayed justice, and justice delayed is certainly justice denied. What we win when all of our people feel safe on the streets can help to dissolve distrust and rebuild a sense of community.
Well, here it is: Our first annual budget. Our first effort to address the challenges of the 21st Century.
Our first step as a new administration, a new era, a new generation.
Our first attempt to tell the nation that we are every bit as great, as our goals are ambitious.
Our first stake at the claim that today we are not just the Capital of the New South, but a Capital for the new century.
Thank you.
The President of the Senate announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 a.m. tomorrow.

THURSDAY, JANUARY 14, 1999

51

Senate Chamber, Atlanta, Georgia Thursday, January 14, 1999 Fourth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bills were introduced, read the first time and referred to committees:
SB 14. By Senator Thomas of the 10th:
A bill to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Georgia Children and Teachers Right to Safe School Health Act"; to provide that a lo cal board of education or a governing board of a nonpublic school may permit an employee or a person under contract to the board to assist students in selfadministration of medications.
Referred to Committee on Education.
SB 15. By Senator Ragan of the llth:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to license to carry a pistol or revolver, so as to change the pro visions relating to the prohibition against persons who have been convicted of certain drug offenses from being granted a license to carry a pistol or revolver.
Referred to Committee on Judiciary.
SB 16. By Senators Ragan of the llth, Walker of the 22nd, Hooks of the 14th and others:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Anno tated, relating to optometrists, so as to change the provisions regarding scope of practice and providing samples.
Referred to Committee on Health and Human Services.
SB 17. By Senators Burton of the 5th and Ladd of the 41st:
A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the "Stone Mountain Memorial Association Act," so as to provide for the purposes of the association; to change certain provisions regarding the association fund; to create the association improve ment fund and provide for expenditure of revenue of such fund.
Referred to Committee on Natural Resources.
SB 18. By Senator Johnson of the 1st:
A bill to amend Chapter 3 of Title 19 of the Official Code of Georgia Anno tated, relating to marriage, so as to remove an exemption from the parental consent requirement for pregnancy and parentage of a child born out of wed lock; to remove provisions relating to proof of pregnancy or parenthood.
Referred to Committee on Health and Human Services.

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SB 19. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to amend Chapter 4 of Title 18 of the Official Code of Georgia Anno tated, relating to garnishment proceedings, so as to provide that the filing of certain answers on behalf of corporate garnishees shall not constitute the practice of law and may be done by corporate officers or employees; to provide that delivery to the court of money or property admitted to be subject to gar nishment may likewise be accomplished through a corporate officer or employee.
Referred to Committee on Banking and Financial Institutions.
SB 20. By Senators Land of the 16th and Ray of the 48th:
A bill to provide for legislative findings; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to repeal the prohibition of in spection or copying of law enforcement records for commercial solicitation.
Referred to Committee on Public Safety.
SB 21. By Senators Crotts of the 17th, Price of the 56th, Dean of the 31st and others:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Geor gia Annotated, relating to inspection of public records, so as to change certain exceptions to such inspections.
Referred to Committee on Judiciary.
SB 22. By Senator Ladd of the 41st:
A bill to amend Code Section 43-15-6 of the Official Code of Georgia Anno tated, relating to the general powers of the State Board of Registration for Professional Engineers and Land Surveyors, so as to provide for an exemption for certain eligible engineers from continuing education requirements.
Referred to Committee on Defense, Science and Technology.
SB 23. By Senators Hecht of the 34th, Starr of the 44th, Hill of the 4th and others:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Anno tated, relating to business corporations, so as to allow electronic filing of cor porate documents with the Secretary of State under procedures to be estab lished by rules and regulations; to provide an effective date.
Referred to Committee on Defense, Science and Technology.
SR 10. By Senator Thomas of the 10th:
A resolution memorializing the United States Congress to amend ERISA to grant authority to the several states to regulate self-funded employer-based health plans.
Referred to Committee on Insurance and Labor.
The following committee report was read by the Secretary:
Mr. President:
The Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

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SB 1. Do pass.

Respectfully submitted, Senator Kemp of the 3rd District, Chairman

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

Balfour Bowen Broun, 46th Brown, 26th Brush Burton BCCC__, aauhgb,etlll,e,eeekrs Crotts Dean Egan Gillis Gingrey Golden Guhl

Harbison Hecht Hill Hooks Huggins Jackson JJ,KLT.aoaemh,dmndespson,D_ Lamutt Land Lee Madden Marable Meyer von Bremen Perdue

Polak Price,R Price.T Ragan Ray Smith SQS,,,tt, oep,k,hesens Streat Tanksley Tate Thomas,D Thomas,N Thompson Walker Williams

Those not answering were:

Blitch Fort

Johnson,E Roberts

Scott Starr

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Gingrey of the 37th introduced the chaplain of the day, Reverend Nelson Price, pastor of Roswell Street Baptist Church, Marietta, Georgia, who offered scripture read ing and prayer.
Serving as doctor of the day was Dr. Larry Anderson of Lawrenceville, Georgia.
The following resolutions were read and adopted:

SR 11. By Senator Ragan of the llth: A resolution commending Henry Jones.

SR 12. By Senator Cheeks of the 23rd: A resolution recognizing and commending Mrs. Bonnie Manning.

The following communications were received by the Secretary:

January 14, 1999 This date I missed roll call because of constituents' business.

/a/ Peg Blitch 7th District

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January 14, 1999
The Honorable Frank Eldridge Jr. 353 State Capitol Atlanta, Georgia 30334
Dear Frank:
Please excuse me from roll call Thursday, January 14, 1999.
I was in the medical station on the 2nd floor getting a shot I am required to take for 7 days immediately following my session of chemotherapy.
I did enter the Chamber soon after roll call and was in attendance until the Senate adjourned.
Thank You.
Sincerely, lal Sam P. Roberts
District 30
Senator Dean of the 31st moved that upon dissolution of the Joint Session, the Senate stand adjourned until 9:30 a.m. tomorrow morning; the motion prevailed.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary of the Senate and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing a message from the Honorable Robert Benham, Chief Justice of the Supreme Court of Georgia, was called to order by the President of the Senate. HR 7, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.
The Honorable Robert Benham, Chief Justice of the Supreme Court of Georgia, ad dressed the Joint Session of the Senate and House of Representatives as follows:
Lieutenant Governor Taylor, Speaker Murphy, the members and officers of the House and the Senate, my colleagues on the Supreme Court, my colleagues on the Court of Ap peals, members of the judiciary, my many friends and well-wishers, it's a high honor and a real privilege to be able to address a joint session of the legislature.
This is the fourth time that I've had this opportunity to address a joint session as the Chief Justice of the Supreme Court. We come today to thank you for your many years of support of the judicial branch of government and your dedication to improving the qual ity of life for all Georgians. We have also come to celebrate the accomplishments of the judicial branch of government.
We appreciate the leadership that you have provided, making Georgia a leader in the Southeast and putting this state well on the road to becoming a leader in the country in the twenty-first century. As we begin the last year of the second millennium it gives us all an opportunity to stop and reflect on the many blessings we have enjoyed here in the great state of Georgia. We have been very fortunate to have outstanding leaders in this state. Governor Miller, through his appointments, has made Georgia's judiciary one of the finest in the nation. Lieutenant Governor Howard, as a loyal legislator, provided ex cellent leadership in the Senate.
Speaker Murphy has not only been the longest serving speaker in the country, but he has been one of the greatest speakers in the country. As he and I exchanged pleasan tries this morning, both of us couldn't help stopping to reflect on our years as lawyers and friends. It was some thirty years ago that I went to practice in northwest Georgia

THURSDAY, JANUARY 14, 1999

55

and had an opportunity to meet the speaker. He pulled me aside, and he said, 'You're one of our own and we're going to make sure that things work out." Mr. Speaker, just a month ago when your son and my friend was sworn in as a member of the judiciary, I know his mother was looking down on him with pride, and you were looking at him with pride. I was looking at him with tears in my eyes, because I knew how far we had come, having been at the university together and having practiced law in the same area. Mr. Speaker, I can assure you that just as you told me some thirty years ago everything would work out for me as a lawyer, I can assure you that everything is going to work out for your son as a judge.
We take pride as members of the judiciary in welcoming Governor Barnes and Lieuten ant Governor Taylor as they assume their new positions of leadership in this state. We also take pride in welcoming our own Judge Edward Johnson who assumed his position as the Chief Judge of the Court of Appeals. We also take pride in welcoming Judge Anne Barnes, the newest and most junior member of the Court of Appeals, and we wel come all of our new chief judges who are assuming positions throughout the state.
We are also proud of all of our legislators, and we are proud of our lawyer legislatorsthose who have given of their time, energy, effort, and service to their fellow human be ings. As the new legislators assume their roles, I want to remind you of something my dad told me when I was twelve. Simple message: he sat us down, my two brothers and me, and said, "This is what it takes to live in this family: you will serve your God, you will sacrifice for your family, you will share with your neighbors, and you will perform public service if called upon to do so." I see you have heeded the call of the very chal lenge my daddy issued some forty years ago, and we are proud of all of you as legislators.
We are proud to report that the state of the judiciary is fine. We have some of the best and some of the brightest judges in the nation. We have some of the most dedicated public employees in our court system and some of them are here with us today sitting in the gallery-judges, law clerks, court personnel who serve the judiciary and who serve the citizens of this state. And I'd like for those members of the judiciary in the gallery and those members of the court system to stand and be recognized.
And while our duty is that of service to the citizens of this state, we want to assure you that we know the role we must play. It's a simple role: you make the law, and we inter pret the law, and that's the only role we have-one of interpreting the law. We've en joyed the wonderful relationship we have had with the executive and legislative branches of government, so this morning I'm not going to report on all aspects of the ju diciary. I will take my lead from the Governor and the Lieutenant Governor, who dur ing their inaugural addresses talked about over-riding and over-arching principals. But I will tell you that we will be more than glad to furnish you a copy of our annual report.
Let me set the tone. Those of you who have been here for the three previous years when I delivered the State of the Judiciary Address know full well I'm from somewhat of an old school. My twelve-year-old son says that I'm from a bygone era. In fact, he says thankfully a bygone era. But I'm from an era where we see good and blessings in every thing that occurs, and there is a poem that sort of reflects that kind of goodness. It's called "A Steadfast Heart." The author is unknown. It says:
We've dreamed many dreams that never came true and faded with dawn,
but we've had enough of our dreams come true to keep us dreaming on.
We prayed many prayers that were never answered though we prayed and waited long,

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but we've had enough of our prayers answered to keep us praying on.
We trusted many a friend--some disappointed us and left us to cry alone,
but we've had enough of our friends remain true to keep us trusting on.
We've sown many seeds-some have fallen by the road for the birds to feed upon,
but we've had enough of our seeds bear fruit to keep us sowing on.
Yes, we've tasted the disappointment and pain, and sometimes we've been left without a song,
but we've also tasted the sweet nectar of the roses that will keep us going on.
And that describes what we do in the judiciary. There's happiness, there's heartache, and there's pain, but we continue to solve the problems of our communities. And as I reflect on the friends, the dreams, the hopes, the promises and the seeds that I have sown, I can't help but have a deep sense of pride at what we've accomplished in this great state. We must be doing something right, because everyday when I look out my door I see another moving van coming into our community. People are leaving the snowbelt and coming to the sunbelt for some of the southern tradition and opportunity and, hopefully, some of our southern hospitality.
But when I look at our dreams and our hopes, I realize that it is our dream and our hope that you will give us more judges on the Court of Appeals. We deserve the best ju diciary in the country because we have the best people in the country. We have one of the most overworked appellate courts in the country. They must do three times the work of any other Court of Appeals. Our fate is in your hands. We hope that you hear our cry and answer our plea for help.
We appreciate the efforts you've made in the area of juvenile justice. You've helped us improve the system by passing statutes to deal with crimes. We continue to dream and hope that you will find a way to fund at the state level our juvenile court judges. Juve nile justice can no longer be considered just a matter of local concern. Juvenile justice must be a matter of statewide concern. The fate of our children is in your hands. We hope you will hear our plea and answer our call.
We trusted you as our friends, and our trust has been rewarded because you created six new superior court judgeships, and those judges are now serving throughout this state. We trusted you, and our trust has been rewarded. You funded legal services in the area of domestic violence. We trusted you, and our trust has been rewarded in that you've provided adequate funding for the operation of the judiciary. We continue to trust you because we have more things in common than we have things which separate us.
We've sown our own seeds also. We've created now our Blue Ribbon Commission to look at the judiciary. We created it without an additional penny of revenue from the state. The money to fund the Blue Ribbon Commission came from the lawyers of this state. This is being done in a way so that we can look at the entire judiciary and make it costeffective, make it efficient, and continue to make it fair.
We've created a Commission on Public Trust and Confidence to look at ways in which the bench and the Bar can improve the delivery of legal services to the citizens and im prove the quality of justice. We put many members from the private sector on this Com mission on Public Trust and Confidence, and they will be going to Washington next month to join with other members to look at the development of a strategic plan.

THURSDAY, JANUARY 14, 1999

57

We've created judicial district committees on professionalism to make sure that lawyers are not only competent, but are civil in their dealings with each other, with the court and with the community, and they are public servants and community servants. We are now beginning to look at court unification and give the various courts an opportunity to discuss a way that we can deliver justice in a cost-effective and efficient manner. We have many commissions that are leaders not only in the southeast but also in the na tion--our committees and commissions on alternative dispute resolution and profession alism, our program on substance abuse and our Commission on Equality, and our foster care program. We thank you for your support of our attempts to address many issues that are coming before the courts.
Our courts automation commission is doing all that it can within its power to address the increasing needs of technology. We continue to ask for your support on this very worthwhile effort. Our Administrative Office of the Courts is one of the best in the na tion. We will continue to improve the way in which we administer justice.
Just recently we had over 2.3 million cases filed in the various courts of this state, ex cluding the traffic courts. We will need your additional help as we seek to deliver justice to all of the citizens of this state.
We have a vision. We have a vision that one day the Supreme Court will become a cert court so that we can handle only the most pressing and important problems in the Su preme Court, and that our Court of Appeals will be adequately staffed so it can handle the problems that come before that court.
If we have been successful, we have been so not just because we have good chief justices, we also have good justices, good judges, good staff people, and good legislators to address the needs of this state. And as I recognize members of this body who have been out standing leaders, I also realize that in order for us to be successful we must have out standing jurists not only on the trial bench but also on the appellate bench. One of those justices is Presiding Justice Norman Fletcher. He and I came to court together. He came from the mountains, and during his service he has been a monument for the protection of the rights of citizens and insuring that justice is delivered fairly and effi ciently and effectively to all of our citizens.
We appreciate the judges and justices who have been willing to make the unpopular de cisions and call it as they see it, and we express deep appreciation for all of our judges who have provided protection for all of the citizens in our state. But we don't have just good judges, we have good DAs in the state, we have good clerks, we have good lawyers, and we have good courthouse administrators to make sure that our court system is user-friendly.
So as we continue to administer justice, we remind you that our doors swing open on welcome hinges. But just because they swing open on welcome hinges, that doesn't mean that all problems can be solved in the courthouse. The courthouse is an avenue of last resort, not an avenue of first resort. The best solutions come across the dinner table, across the conference table, and across the backyard fence. So we ask you also to em power the communities to address problems in their own communities and reserve the most intractable problems for the judiciary.
On January 1 we celebrated the Emancipation Proclamation. As I was preparing to go to a celebration, my twelve-year-old son asked me "Daddy, why is there so much fuss about freedom? What's so important about it?" I was somewhat shocked and surprised that my son would take freedom so lightly, and then I realized that he wasn't here dur-

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ing World War I. He didn't have to go from hedgerow to hedgerow in World War II. He didn't have to endure the cold of the Korean War. He can't even fathom the concept of the Vietnam War.
And so many of our young people never had to fight for their freedom. They so easily take it for granted. Freedom must be fought for, and so every day the judges of this state put on the armor of law, and they go out to slay the dragon of injustice, so that freedom is preserved for all of our citizens. We enjoy the role, and we will continue to fight for your freedom and for the rights of all of the citizens of this state.
As I come to an end, I look out and see the new legislators. If I started with a poem, I guess I'll just end with one. There's a poem by an unknown author which says:
I have not lived in vain if I've lit some spark of hope in some helpless soul
or helped some struggling brother or sister lift a heavy load.
If I have shed a light in a darkened hour then I have not lived in vain.
If we've erred as all men and women have and displeased the God from whence we came,
but heard him say thou are forgiven, then our prayers have not been in vain.
We put our heart and soul within our labor.
We didn't strive to reach the hall of fame.
We labored among the meek and lowly.
We've seen our fruits, our work has not been in vain.
And now as I come to a close and return to the chambers from which we came, we do not fear nor dread this hour. All is well, for we have not lived in vain.
Mr. Lieutenant Governor, Mr. Speaker, that is the State of the Judiciary.
The President of the Senate announced the Joint Session dissolved.
Pursuant to provisions of a previously adopted motion, the Senate stood adjourned until 9:30 a.m. tomorrow.

FRIDAY, JANUARY 15, 1999

59

Senate Chamber, Atlanta, Georgia Friday, January 15, 1999 Fifth Legislative Day
The Senate met pursuant to adjournment at 9:30 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 32. By Representative Poag of the 6th:
A bill to provide a homestead exemption from Murray County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over.
The following bills were introduced, read the first time and referred to committees:
SB 2. By Senator Thomas of the 10th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to general provisions relating to insurance generally, so as to enact the "Comprehensive Patient and Provider Health Care Relief Act of 1999"; to provide for liability for failure by a health care insurer to pro vide for medically necessary items or services.
Referred to Committee on Insurance and Labor.
SB 24. By Senator Thomas of the 10th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to insurance generally, so as to require health insurers to offer comprehensive medical or surgical coverage for the treatment of mor bidly obese patients when said treatment is ordered, conducted, or supervised by health care providers specializing in the management of patients so afflicted.
Referred to Committee on Insurance and Labor.
SB 25. By Senators Thomas of the 10th and Madden of the 47th:
A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Anno tated, the "Georgia Physical Therapy Act," so as to change the provisions re lating to definitions, practice of physical therapy and physiotherapy and use of certain words relating thereto; to provide for informed consent; to change the provisions regarding disciplinary sanctions.
Referred to Committee on Consumer Affairs.

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SB 26. By Senator Burton of the 5th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Geor gia Annotated, relating to general provisions concerning child custody proceed ings, so as to provide for consideration of evidence regarding emotional, physi cal, or psychological abuse; to provide that under certain circumstances the court shall be authorized to order that visitation take place only under supervision.
Referred to Committee on Judiciary.
SB 27. By Senators Johnson of the 1st, Marable of the 52nd, Smith of the 25th and Jackson of the 50th:
A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Geor gia Annotated, relating to warrants for arrest, so as to provide that any war rant for the arrest of a teacher or school administrator for any offense alleged to have been committed while in the performance of his or her duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court; to provide for an effective date and for applicability.
Referred to Committee on Judiciary.
SB 28. By Senators Gillis of the 20th, Dean of the 31st, Bowen of the 13th and others:
A bill to amend Code Section 45-18-5 of the Official Code of Georgia Anno tated, relating to the county officers' and employees' health plans, so as to amend certain provisions relating to election of plans; to provide for related matters; to provide an effective date.
Referred to Committee on Insurance and Labor.
SB 29. By Senators James of the 35th, Gingrey of the 37th, Tate of the 38th and But ler of the 55th:
A bill to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Geor gia Annotated, relating to general provisions relative to health, so as to pro vide for the protection of the right of a baby to breast-feed by authorizing a mother to breast-feed in any location, public or private; to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provi sions, relative to labor and industrial relations, so as to provide for accommo dations to be provided for certain nursing mothers by employers.
Referred to Committee on Insurance and Labor.
SB 30. By Senators James of the 35th and Butler of the 55th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.
Referred to Committee on Natural Resources.
SB 31. By Senators Ray of the 48th, Hecht of the 34th and Balfour of the 9th:

FRIDAY, JANUARY 15, 1999

61

A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Geor gia Annotated, relating to general provisions regarding juries, so as to excuse certain parents and guardians from service as jurors.
Referred to Committee on Judiciary.
SB 32. By Senators James of the 35th, Tate of the 38th and Butler of the 55th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to authorize implementation of a Scholastic Aptitude Test preparatory course for certain public schools; to provide that the contents of such course may be pre scribed by each local board of education.
Referred to Committee on Education.
SB 33. By Senator Perdue of the 18th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, relating to ethics in government, so as to define certain terms; to pro hibit certain communications to and appearances before state departments, agencies, and boards by former public officers of the State of Georgia; to pro hibit certain communications to and appearances before members of the Gen eral Assembly by former members of the General Assembly.
Referred to Committee on Judiciary.
SB 34. By Senators Ragan of the llth, Marable of the 52nd, Hill of the 4th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact into law the Southern Dairy Compact and provide for the entry into the compact by the State of Georgia together with all other jurisdictions legally joining in the compact; to provide for the appointment, terms, duties, powers, per diem, expenses, and vacancies of members of the state's delegation to the Southern Dairy Compact Commission.
Referred to Committee on Agriculture.
SR 14. By Senators James of the 35th and Butler of the 55th:
A resolution encouraging employers to establish family-friendly workplace en vironments by establishing programs or policies to assist new mothers who continue to breastfeed upon reentering the workforce.
Referred to Committee on Insurance and Labor.
SR 15. By Senators James of the 35th and Butler of the 55th:
A resolution creating the Senate Study Commission on Promoting Aerospace Development, Commercial Space Activities, and Telecommunications Technol ogy to improve Georgia's economic base.
Referred to Committee on Defense, Science and Technology.
SR 16. By Senators James of the 35th and Butler of the 55th:
A resolution creating the Georgia Youth Legislature.
Referred to Committee on Rules.
SR 17. By Senators Ray of the 48th, Balfour of the 9th, Ladd of the 41st and others:

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A resolution designating State Route 124 within Gwinnett County as the "James D. Mason Memorial Highway". Referred to Committee on Transportation.
The following bill was read the first time and referred to committee:
HB 32. By Representative Poag of the 6th: A bill to provide a homestead exemption from Murray County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over.
Referred to Committee on Finance and Public Utilities. The following bill was read the second time:
SB 1
Senator Price of the 28th moved that Senator Crotts of the 17th be excused. On the mo tion, the yeas were 42, nays 0; the motion prevailed, and Senator Crotts was excused.
The President called for the morning roll call, and the following Senators answered to their names:

Balfour Blitch Bowen Broun, 46th Brown, 26th Brush Burton Butler Cable Cagle Cheeks Dean Egan Fort Gillis Gingrey Guhl Harbison

Hecht Hill Hooks Huggins Jackson James Johnson,D Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer von Bremen Perdue

Polak Price,R Price,T Ragan Ray Roberts Smith Starr Stephens Streat Tanksley Tate Thomas,D Thomas,N Thompson Walker Williams

Those not answering were:

Crotts (excused) Golden

Scott

Stokes

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

FRIDAY, JANUARY 15, 1999

63

Senator Thompson of the 33rd introduced the chaplain of the day, Reverend Mike Woods, pastor of First Baptist Church, Powder Springs, Georgia, who offered scripture reading and prayer. Serving as doctor of the day was Dr. Joe Griffeth of Commerce, Georgia. The following resolutions were read and adopted:
SR 13. By Senators Ragan of the llth and Golden of the 8th: A resolution commending Miriam Powell.
SR 18. By Senators Ragan of the llth, Jackson of the 50th, Meyer von Bremen of the 12th and others: A resolution recognizing and commending the Georgia Farm Bureau Federation.
SR 19. By Senators Golden of the 8th and Marable of the 52nd: A resolution commending the Valdosta High School football team.
The following communications were received by the Secretary:
January 14, 1999 Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 13, 1999, in the Senate Chamber of the state capital building. At that caucus Honorable Steve Reynolds was elected as a member of the State Transportation Board from the Eleventh Congressional District to serve a term be ginning April 16, 1999, and expiring April 15, 2004.
Respectfully submitted,

/s/ Eddie Madden Senator, 47th District Chairman, Eleventh Congressional District Caucus

/s/ Joe Burton Senator, 5th District Secretary, Eleventh Congressional District Caucus

TO:

HONORABLE CATHY COX

SECRETARY OF STATE

This is to certify that Honorable Steve Reynolds has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Eleventh Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1999, and expiring April 15, 2004.

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This 15th day of January, 1999.
/si Mark Taylor President of the Senate

/s/ Thomas B. Murphy Speaker, House of Representatives
January 14, 1999
Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 13, 1999, in the Senate Chamber of the state capitol building. At that caucus Honorable James L. Lester was elected as a member of the State Transportation Board from the Tenth Congressional District to serve a term begin ning April 16, 1999, and expiring April 15, 2004.
Respectfully submitted,

/s/ Mickey Channell Representative, lllth District Chairman Tenth Congressional District Caucus

/s/ Bobby E. Parham Representative, 122nd District Secretary Tenth Congressional District Caucus

TO:

HONORABLE CATHY COX

SECRETARY OF STATE

This is to certify that Honorable James L. Lester has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Tenth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1999, and expiring April 15, 2004.

This 15th day of January, 1999.

/s/ Mark Taylor President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives
Senator Walker of the 22nd moved that the Senate stand in recess until 5:00 p.m., and at that time, pursuant to HR 8, adjourn until 10:00 a.m. Monday, January 25, 1999; the motion prevailed.

MONDAY, JANUARY 25, 1999

65

Senate Chamber, Atlanta, Georgia Monday, January 25, 1999 Sixth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of Friday, January 15, 1999 pro ceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 74. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A bill to amend an Act providing for the compensation of the coroner of Clarke County, so as to change the provisions regarding compensation.
The following bills were introduced, read the first time and referred to committees:
SB 35. By Senators Cagle of the 49th, Johnson of the 1st, Price of the 56th and others:
A bill to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to provide that local boards of education may establish disci plinary tribunals which include residents of the school district; to provide for the membership of residents of the school district on certain disciplinary tribu nals which are required by law.
Referred to Committee on Education.
SB 36. By Senators Cagle of the 49th, Johnson of the 1st, Price of the 56th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, the "Quality Basic Education Act," so as to require local boards of education to adopt policies defining the adequate academic performance of students and to prohibit the promotion of students in violation of such policies; to require that students in the third grade achieve a satisfactory score on a reading test before promotion to the next grade level.
Referred to Committee on Education.
SB 37. By Senator Madden of the 47th:
A bill to amend Code Section 33-16-14 of the Official Code of Georgia Anno tated, relating to limitations on amounts of risk applicable to farmers' mutual fire insurance companies, so as to provide an exception applicable to certain companies issuing policies insuring against loss or damage by fire only.
Referred to Committee on Insurance and Labor.

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SB 38. By Senators Madden of the 47th, Starr of the 44th and Hecht of the 34th:
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 Management for the Terminally 111 within the office of the joint-secretary of the state examining boards; to provide for committee appointment, member ship, terms, qualifications, vacancies, expenses, allowances, and organization; to provide for committee rights, duties, and functions.
Referred to Committee on Health and Human Services.
SB 39. By Senators Madden of the 47th, Golden of the 8th and Crotts of the 17th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to provide for cross appeals to the appellate division of the State Board of Workers' Compensation within 30 days of the notice of award by the administrative law judge; to authorize the board to review the status of a self-insured employer after the self-insured em ployer has been involved in a merger or acquisition.
Referred to Committee on Insurance and Labor.
SB 40. By Senators Madden of the 47th, Hill of the 4th and Broun of the 46th:
A bill to amend Code Section 40-5-64 of the Official Code of Georgia Anno tated, relating to limited driving permits for certain offenders, so as to provide for limited driving permits for persons at least 18 years of age whose drivers' licenses have been revoked under subsection (a) of Code Section 49-5-57.1 for certain speed limit offenses; to provide for the duration of such permits.
Referred to Committee on Public Safety.
SB 41. By Senator Egan of the 40th:
A bill to amend Chapter 11 of Title 14 of the Official Code of Georgia Anno tated, known as the "Georgia Limited Liability Company Act," so as to provide that effective for limited liability companies formed on or after July 1, 1999, except as otherwise provided in the articles of organization or a written oper ating agreement, a member with respect to which an event of dissociation oc curs is not entitled to receive any payment by reason of such event and will become an assignee as to such limited liability company interest.
Referred to Committee on Special Judiciary.
SB 42. By Senator Egan of the 40th:
A bill to amend Code Section 14-9-206.2 of the Official Code of Georgia Anno tated, relating to election to become limited partnership, so as to provide that upon the election becoming effective the certificate of limited partnership filed with the certificate of election shall be the certificate of limited partnership of the limited partnership formed pursuant to such election unless and until amended in accordance with other provisions of law.
Referred to Committee on Special Judiciary.
SB 43. By Senators Crotts of the 17th and Stephens of the 51st:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Geor gia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the notice of implied consent to be printed upon the

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driver's license application and license; to provide that possession of a driver's license bearing such notice shall be deemed proper advice of implied consent without further evidence.
Referred to Committee on Public Safety.
SB 44. By Senators Crotts of the 17th and Roberts of the 30th:
A bill to amend Code Section 21-2-384 of the Official Code of Georgia Anno tated, relating to preparation and delivery of absentee ballots and supplies, the mailing of absentee ballots, oaths of absentee electors and persons assist ing absentee electors, master lists of ballots sent, and challenges, so as to pro vide that no absentee ballot shall be issued or mailed by the registrars after 5:00 p.m. on the Friday immediately prior to a primary or election.
Referred to Committee on State and Local Governmental Operations (General).
SB 45. By Senator Ragan of the llth:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to creditable service in the Employees' Retirement System of Georgia for certain military service for persons who became members of such retirement system prior to July 1, 1982, so as to provide that persons other wise eligible to receive creditable service for military service during the Viet nam Conflict may do so by making application prior to December 31, 2000.
Referred to Committee on Retirement.
SB 46. By Senator Madden of the 47th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Geor gia Annotated, relating to service creditable under the Teachers Retirement System of Georgia, so as to provide for creditable service for prior service teaching at-risk children for a certain organization; to provide for the payment of employer and employee contributions.
Referred to Committee on Retirement.
SB 47. By Senators Gillis of the 20th, Hill of the 4th, Dean of the 31st and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Anno tated, relating to regulation of length and loads of vehicles, so as to provide that the rear extremity of loads of unprocessed forest products shall be marked with an amber strobe warning light and warning flags which meet certain requirements of law; to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, so as to change the provisions relating to light or flag on projecting load.
Referred to Committee on Transportation.
SR 22. By Senator Hooks of the 14th:
A resolution designating a bridge on State Route 90 in Macon County as the "William S. Robinson Bridge".
Referred to Committee on Transportation.
SR 23. By Senators Hecht of the 34th, Hooks of the 14th, Lee of the 29th and others:

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A resolution creating the Senate Study Committee on the Mental Health Care Delivery System.
Referred to Committee on Rules.

SR 31. By Senator Madden of the 47th: A resolution designating a portion of State Highway 72 as the "Robert L. Williford Memorial Highway".
Referred to Committee on Transportation.

SR 32. By Senators Madden of the 47th, Dean of the 31st, Gillis of the 20th and others:
A resolution creating the Senate Mental Health, Mental Retardation, and Sub stance Abuse Service Delivery Study Committee.
Referred to Committee on Rules.

The following bill was read the first time and referred to committee:

HB 74. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A bill to amend an Act providing for the compensation of the coroner of Clarke County, so as to change the provisions regarding compensation.
Referred to Committee on State and Local Governmental Operations.

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

Blitch Bowen Broun, 46th Brown, 26th
Brush Burton Butler
CC._, hroe.te,t,kss p Egan Fort (jillis Gingrey Golden Guhl Harbison

Hecht Hill Hooks Huggins
Jackson James Johnson,D
Johnson,E KTLaedm,d/p Lamutt Land Lee Madden Marable Meyer von Bremen Perdue Polak

Price.R Price,T Ragan Ray
Roberts Scott Smith
Starr S,,S.ttoep,khesens Streat Tanksley Tate Thomas.D Thomas.N Thompson Walker Williams

Not answering was: Balfour

MONDAY, JANUARY 25, 1999

69

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Jackson of the 50th introduced the chaplain of the day, Reverend Doug Merck, pastor of Mt. Yonah Baptist Church, Cleveland, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 20. By Senator Hooks of the 14th: A resolution commending Marvin C. Joiner.
SR 21. By Senator Hooks of the 14th: A resolution commending Mr. W. W. Ferguson.
SR 24. By Senators Hooks of the 14th, Gillis of the 20th, Dean of the 31st and others: A resolution paying tribute to Elmore Callaway Thrash.
SR 25. By Senator Cheeks of the 23rd: A resolution recognizing and commending Bonnie Manning of Curtis Baptist School in Augusta, Georgia.
SR 26. By Senator Cheeks of the 23rd: A resolution congratulating and commending Larry Gritton.
SR 27. By Senator Cheeks of the 23rd: A resolution recognizing and commending Andy Baumgartner on receiving the 1998 Milken Family Foundation National Educator Award.
SR 28. By Senator Polak of the 42nd: A resolution recognizing and commending Ms. Anne Marie Eaton.
SR 29. By Senators Crotts of the 17th and Madden of the 47th: A resolution commending the members of the Silver-Haired Legislature.
SR 30. By Senators Starr of the 44th, Gillis of the 20th and Dean of the 31st: A resolution acknowledging the contributions of senior Georgians and recog nizing Senior Week at the Capitol.
Senator Crotts of the 17th introduced Major General William P. Bland, commended by SR 9, adopted previously.
SENATE CALENDAR Monday, January 25, 1999 SIXTH LEGISLATIVE DAY
SB 1 Special Drug Prosecutor Act-provide (Judy-34th) The following general bill was read the third time and put upon its passage:
SB 1. By Senators Starr of the 44th, Walker of the 22nd, Kemp of the 3rd and Hecht of the 34th:

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A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Anno tated, relating to prosecuting attorneys, so as to provide that, subject to avail able funds, the district attorney in each judicial circuit shall appoint one addi tional assistant district attorney who shall prosecute as directed by the district attorney primarily cases involving violations of Article 2 of Chapter 13 of Title 16, known as the "Georgia Controlled Substances Act".
The following Fiscal Note, as required by law, was read by the Secretary:
Department of Audits and Accounts 254 Washington Street, S. W., Suite 214
Atlanta, Georgia 30334-8400
January 13, 1999
The Honorable Mark Taylor Lieutenant Governor State Capitol, Room 240 Atlanta, Georgia 30334
SUBJECT: Fiscal Note Senate Bill 1 (LC 22 3298)
Dear Lieutenant Governor Taylor:
This bill would authorize the District Attorney in each judicial circuit to appoint one as sistant district attorney who shall prosecute primarily cases involving violations of the Georgia Controlled Substances Act. All assistant district attorneys employed for this purpose would be required to complete an initial training program prescribed by the Prosecuting Attorneys' Council within 12 months of such employment and in-service training as required.
This bill would increase costs to the State by approximately $3.6 million in the first year. This cost estimate includes $3.4 million in personal services expenses for the addi tion of 47 assistant district attorneys. In addition, the State would be responsible for costs associated with training, travel, and the purchase of computer equipment. Costs for these expenses would approximate $165,000 in the first year. It should be noted that costs in subsequent years could be slightly lower since $94,000 of the first year's costs are for the one-time purchase of computer equipment. In addition, training costs in sub sequent years should be lower than the $30,000 estimated in the first year.
If this legislation is enacted, there may be some additional costs to the counties for office space, furniture, or other operating expenses. In addition, any support personnel hired as a result of this legislation would be paid from county funds.
Sincerely, /s/ Claude L. Vickers
State Auditor
/s/ Tim Burgess, Director Office of Planning and Budget
Senators Land of the 16th, Price of the 28th, Crotts of the 17th, and others offered the following amendment:
Amend SB 1 by adding in the title on line 20 of page 1 between the first semicolon and the word "to" the following:

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71

"to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Anno tated, relating to procedure for sentencing and imposition of punishment, so as to pro vide that any person sentenced to imprisonment other than a sentence of life impris onment 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 adminis tered by the State Board of Pardons and Paroles until such person has served a mini mum 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 sen tenced 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-re ducing measures under programs administered by the Department of Corrections; to define a certain term; to provide an effective date;".
By renumbering Section 4 on page 4 as Section 6 and inserting between lines 5 and 6 on page 4 the following:
"SECTION 4.
Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, is amended by adding between Code Sections 17-10-6.1 and 17-10-7 a new Code Section 17-10-6.2 to read as follows:
'17-10-6.2.
(a) As used in this Code section, the term "serious felony" means any felony which constitutes:
(1) Criminal attempt to commit murder, as defined in Code Sections 16-4-1 and 165-1;
(2) Voluntary manslaughter, as defined in Code Section 16-5-2;
(3) Involuntary manslaughter, as defined in Code Section 16-5-3;
(4) Aggravated assault, as defined in subsection (a) of Code Section 16-5-21, when a weapon is used in the commission of the crime and an injury occurs;
(5) Aggravated assault against a peace officer or correctional officer, as defined in subsection (c) of Code Section 16-5-21;
(6) Aggravated battery, as defined in subsection (a) of Code Section 16-5-24;
(7) Aggravated battery against a peace officer or correctional officer, as defined in subsection (c) of Code Section 16-5-24;
(8) Hijacking a motor vehicle, as defined in Code Section 16-5-44.1;
(9) Cruelty to children, as defined in Code Section 16-5-70;
(10) Feticide, as defined in Code Section 16-5-80;
(11) Aggravated stalking, as defined in Code Section 16-5-91;
(12) Criminal attempt to commit rape, as defined in Code Sections 16-4-1 and 16-61;
(13) Statutory rape, as defined in Code Section 16-6-3;

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(14) Child molestation, as denned in subsection (a) of Code Section 16-6-4;
(15) Enticing a child for indecent purposes, as denned in Code Section 16-6-5;
(16) Incest, as denned in Code Section 16-6-22;
(17) Burglary of the dwelling of another, as defined in Code Section 16-7-1;
(18) Robbery, as denned in Code Section 16-8-40;
(19) Bus or rail vehicle hijacking, as defined in Code Section 16-12-123; or
(20) Homicide by vehicle in the first degree, as defined in Code Section 40-6-393, when at the time of the commission of the crime such offender was a habitual viola tor 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 imprison ment for the first conviction or any subsequent conviction of any serious felony com mitted 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 Pa roles until such person has served 90 percent of the sentence imposed by the sentenc ing 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 con viction 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.'
SECTION 5.
Section 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall be come effective July 1, 1999."

Senator Walker of the 22nd requested a ruling of the Chair as to the germaneness of the amendment.

The President ruled the amendment not germane.

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle

Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison

Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd

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73

Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R

Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes

Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 56, nays 0. The bill, having received the requisite constitutional majority, was passed.
Senator Williams of the 6th introduced the doctor of the day, Dr. Diane Campbell of Jesup, Georgia. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow; the motion prevailed, and at 10:40 a.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Tuesday, January 26, 1999 Seventh Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 61. By Representatives Walker of the 141st, Skipper of the 137th, Smyre of the 136th and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.
The Speaker has appointed as a Committee of Escort on the part of the House the fol lowing members:
Representatives Snow of the 2nd, Brooks of the 54th, O'Neal of the 75th, Benefield of the 96th, West of the 101st, Hudson of the 120th, Pelote of the 149th and Sims of the 167th.
The following bills were introduced, read the first time and referred to committees:
SB 48. By Senators Johnson of the 1st, Johnson of the 2nd, Kemp of the 3rd and Hill of the 4th:
A bill to amend Code Section 12-5-31 of the Official Code of Georgia Anno tated, relating to permits for the withdrawal, diversion, or impoundment of surface water, so as to prohibit acceptance, processing, or granting of any ap plication for a permit for any applicant who uses or proposes to use aquifer storage or recovery of surface water.
Referred to Committee on Natural Resources.
SB 49. By Senators Starr of the 44th, Walker of the 22nd, Marable of the 52nd and Hill of the 4th:
A bill to amend Code Section 20-2-751.3, relating to student codes of conduct in elementary and secondary schools, so as to require that student codes of conduct include provisions addressing verbal assault, physical assault or bat tery, and disrespectful conduct toward teachers, administrators, other school personnel, other students, and persons attending school-related functions.
Referred to Committee on Education.

TUESDAY, JANUARY 26, 1999

75

SB 50. By Senators Marable of the 52nd, Dean of the 31st, Walker of the 22nd and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide for the appointment of an educational care team upon application by a local board of education; to provide for the duties of an educational care team; to provide for related matters; to provide for an effective date.
Referred to Committee on Education.
SB 51. By Senators Huggins of the 53rd, Hooks of the 14th, Gillis of the 20th and others:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to loitering at or disrupting schools, so as to change the provisions relating to school safety plans; to provide that school safety plans shall also address preparedness for natural disasters, hazardous materi als or radiological accidents, acts of violence, and acts of terrorism.
Referred to Committee on Education.
SB 52. By Senator Land of the 16th:
A bill to amend Chapter 7 of Title 34 of the Official Code of Georgia Anno tated, relating to general provisions relative to employer and employee, so as to remove a requirement for the employee's consent to payment by credit transfer; to provide an exception for any employee who does not have an ac count with a bank, trust company, or financial institution.
Referred to Committee on Banking and Financial Institutions.
SB 53. By Senators Johnson of the 1st, Burton of the 5th, Crotts of the 17th and Starr of the 44th:
A bill to amend Code Section 40-6-228 of the Official Code of Georgia Anno tated, relating to enforcement of provisions of the "Parking Law for Persons with Disabilities," so as to provide for appointment of parents or guardians of persons with disabilities for enforcement purposes.
Referred to Committee on Public Safety.
SB 54. By Senators Madden of the 47th, Gillis of the 20th, Streat of the 19th and Ragan of the llth:
A bill to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Geor gia Annotated, relating to acquisitions and dispositions of certain hospitals, so as to change the provisions relating to definitions and required analyses and reports; to delete certain fee and cost paying requirements but provide for pay ing certain other costs; to change certain certification requirements; to provide an exemption for the renewal of certain leases.
Referred to Committee on Health and Human Services.
SB 55. By Senators Thomas of the 10th, Tate of the 38th, James of the 35th and others:

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A bill to amend Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the powers of local government as to air facilities, so as to clarify jurisdiction and venue for court cases regarding traffic offenses at airports; to provide an effective date.
Referred to Committee on Judiciary.
SB 56. By Senators Thomas of the 10th, James of the 35th, Tate of the 38th and others:
A bill to amend an Act re-creating a system of state courts of limited jurisdic tion for each city of this state having a population of 300,000 or more so as to give to such courts jurisdiction to try offenses against traffic laws, so as to grant each such court venue coextensive with the territorial limits of the city in which it is located relating to certain traffic offenses.
Referred to Committee on Judiciary.
SB 57. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to provide for the Georgia Regional Transportation Authority; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change certain provisions relating to transit ser vices with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Governor's Development Council.
Referred to Committee on Transportation.
SB 58. By Senator Thomas of the 10th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to general provisions relative to insurance, so as to en act the "Registered Nurse First Assistant Consumer Act"; to provide for legis lative intent; to provide for definitions; to provide for reimbursement by insurers to registered nurse first assistants who perform surgical first assis tant services.
Referred to Committee on Insurance and Labor.
SB 59. By Senators Tanksley of the 32nd, Thompson of the 33rd and Stokes of the 43rd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the number of Judges of the Court of Appeals; to pro vide that the court shall sit in divisions; to specify the number of Judges which shall constitute a quorum; to provide for the election and term of office of Judges; to provide for the initial appointment of additional judges.
Referred to Committee on Judiciary.
SB 60. By Senator Thompson of the 33rd:

TUESDAY, JANUARY 26, 1999

77

A bill to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Geor gia Annotated, relating to food service establishments, so as to provide for training courses regarding food safety for personnel of such establishments; to provide for course standards and contracts.
Referred to Committee on Consumer Affairs.
SB 61. By Senators Lamutt of the 21st, Polak of the 42nd, Thomas of the 54th and others:
A bill to amend Code Section 50-29-12 of the Official Code of Georgia Anno tated, relating to electronic signature pilot projects, so as to recreate the Elec tronic Commerce Study Committee and provide for its membership, organiza tion, terms of office, vacancies, meetings, powers, and reports; to provide for allowances and expenses; to provide for an effective date.
Referred to Committee on Defense, Science and Technology.
SB 62. By Senators Lamutt of the 21st, Polak of the 42nd, Johnson of the 1st and others:
A bill to amend Chapter 12 of Title 10 of the Official Code of Georgia Anno tated, the "Georgia Electronic Records and Signatures Act," so as to change the provisions relating to definitions; to provide for the legal effect, validity, and admissibility of electronic records, electronic signatures, and secure elec tronic signatures; to provide for exceptions.
Referred to Committee on Defense, Science and Technology.
SR 35. By Senators Madden of the 47th, Streat of the 19th, Gillis of the 20th and Ragan of the llth:
A resolution creating the Senate Indigent Care Trust Fund Study Committee.
Referred to Committee on Rules.
The following committee reports were read by the Secretary:
Mr. President:
The Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 3. Do pass.
Respectfully submitted, Senator Kemp of the 3rd District, Chairman
Mr. President:
The Committee on Public Safety has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 20. Do pass by substitute.
Respectfully submitted, Senator Bowen of the 13th District, Chairman

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

Blitch Bowen Broun, 46th Brown, 26th Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden Guhl

Harbison Hecht Hill Hooks Huggins Jackson James Johnson.D Johnson.E Kemp Ladd Lamutt Land Lee Madden Marable Meyer von Bremen Polak

Price,R Price,T Ragan Ray Roberts Scott Smith Starr Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,N Thompson Walker Williams

Those not answering were:

Balfour

Perdue

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Walker of the 22nd introduced the chaplain of the day, Dr. Timothy Owings, pastor of First Baptist Church, Augusta, Georgia, who offered scripture reading and prayer. Senator Smith of the 25th introduced the doctor of the day, Dr. Dave Ringer of Greens boro, Georgia. Senator Ragan of the llth introduced Wayne Dollar, President of the Georgia Farm Bu reau Federation, commended by SR 18, adopted previously.
The following resolutions were read and adopted:
SR 33. By Senator Price of the 56th: A resolution commending Matthew Shirey.
SR 34. By Senator Ragan of the llth: A resolution commending Barbara Spea Jenkins, the winner of the 1998 Geor gia Occupational Award of Leadership.
SR 36. By Senators Golden of the 8th, Gillis of the 20th, Dean of the 31st and others: A resolution recognizing and commending Honorable Henry L. Reaves.
SR 37. By Senators Golden of the 8th, Marable of the 52nd, Price of the 56th and others: A resolution commending Craig S. Lesser.

TUESDAY, JANUARY 26, 1999

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SR 38. By Senator Gingrey of the 37th:
A resolution commending Coach Charlie Hood.
SR 43. By Senator Hill of the 4th:
A resolution recognizing Tuesday, January 26, 1999, as "Effingham County Day".
SR 44. By Senator Hill of the 4th:
A resolution recognizing the bicentennial celebration of the founding of the City of Springfield.
HR 61. By Representatives Walker of the 141st, Skipper of the 137th, Smyre of the 136th and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.
The President appointed as a Committee of Escort for the Joint Session, the following: Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Polak of the 42nd, Dean of the 31st, Walker of the 22nd and Bowen of the 13th.
Senator Dean of the 31st moved that the following bill be withdrawn from the Senate Appropriations Committee and committed to the Senate Corrections, Correctional Insti tutions and Property Committee:
SB 9. By Senators Dean of the 31st, Hill of the 4th, Johnson of the 2nd and Marable of the 52nd:
A bill to amend Article 4 of Chapter 5 of Title 28 of the Official Code of Geor gia Annotated, relating to the Claims Advisory Board, so as to exclude certain small claims from payment by the Claims Advisory Board and the state de partment or agency affected.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 9 was committed to the Senate Corrections, Correctional Institutions and Property Committee.
Senator Walker of the 22nd moved that the Senate adjourn until 9:45 a.m. tomorrow; the motion prevailed, and at 10:35 a.m. the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Wednesday, January 27, 1999 Eighth Legislative Day
The Senate met pursuant to adjournment at 9:45 a.m. today and was called to order hy the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 134. By Representatives Randall of the 127th, Lucas of the 124th, Graves of the 125th and others:
A bill to authorize the funding of a Joint Unification Study Commission cre ated by the governing authorities of Bibb County and the City of Macon.
HB 145. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and others:
A bill to provide supplementary appropriations for the State Fiscal Year end ing June 30, 1999, in addition to any other appropriation heretofore or hereaf ter made for the operation of state government and the purposes provided for herein.
HB 77. By Representatives Reaves of the 178th, McCall of the 90th and Purcell of the 147th:
A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Geor gia Annotated, known as the "Georgia Dairy Act of 1980," so as to delete cer tain definitions; to repeal provisions related to imitation milk products, imita tion reconstituted milk, milk or cream brokerages, milk or cream buying stations and reconstituted milk; to change references to the "Grade A Pasturized Milk Ordinance".
HB 78. By Representatives Reaves of the 178th and Purcell of the 147th:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Geor gia Annotated, known as the "Georgia Food Act," so as to repeal Code Section 26-2-31, relating to repacking of flour, grits, hominy, and cornmeal.
The following bills were introduced, read the first time and referred to committees:
SB 63. By Senators Kemp of the 3rd, Hecht of the 34th, Land of the 16th and others:
A bill to amend Code Section 36-32-9 of the Official Code of Georgia Anno tated, relating to jurisdiction of municipal courts over cases of shoplifting of $100.00 or less, so as to change the jurisdictional amount.
Referred to Committee on Judiciary.

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81

SB 64. By Senators Egan of the 40th, Stokes of the 43rd, Thompson of the 33rd and Tanksley of the 32nd:
A bill to amend Chapter 23 of Title 31 of the Official Code of Georgia Anno tated, relating to eye banks, so as to change the provisions relating to defini tions and entities which may establish and maintain eye banks.
Referred to Committee on Special Judiciary.
SB 65. By Senators Price of the 56th and Gingrey of the 37th:
A bill to amend Code Section 31-11-3 of the Official Code of Georgia Anno tated, relating to recommendations of local coordinating entities regarding the EMSC Program relating to ambulance service territories, so as to provide for time limits for certain decisions and provide for the status of certain recom mendations and decisions and their appeal.
Referred to Committee on Public Safety.
SB 66. By Senators Walker of the 22nd, Stokes of the 43rd, Dean of the 31st, and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to the regulation of insurance generally, so as to pro vide for definitions; to provide that certain insurers, nonprofit health care plans, health maintenance organizations, and other related benefit providers shall be required to provide coverage for general anesthesia and associated hospital or ambulatory surgical facility charges in conjunction with dental care under certain circumstances.
Referred to Committee on Health and Human Services.
SB 67. By Senators Cagle of the 49th, Price of the 56th, Crotts of the 17th and others:
A bill to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the organization of schools and school systems, so as to require local boards of education to adopt policies permitting parents or guardians of resident students to select a school of their choice within the school system, subject to certain limitations.
Referred to Committee on Education.
SB 68. By Senators Land of the 16th, Price of the 56th, Johnson of the 1st and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to enact the "Early HOPE Scholarship Act of 1999"; to provide for a short title; to provide for legislative intent; to define certain terms; to provide that low-income stu dents who are eligible to attend certain poorly performing public elementary and middle schools shall be eligible to receive scholarships to be applied to ward the cost of tuition at participating private schools and adequate local schools.
Referred to Committee on Education.
SB 69. By Senators Roberts of the 30th, Madden of the 47th, Hooks of the 14th and others:

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A bill to amend Code Section 17-6-11 of the Official Code of Georgia Anno tated, relating to display of motor vehicle driver's license in lieu of bail, recog nizance, or incarceration in certain cases, so as to change provisions specifying the cases in which such substitution is permissible; to amend Code Section 3334-3 of the Official Code of Georgia Annotated, relating to requirements for is suance of motor vehicle liability insurance policies, so as to provide for certain policy issuance, renewal, or replacement reporting requirements.
Referred to Committee on Insurance and Labor.
SR 41. By Senator Dean of the 31st:
A resolution designating the Herman H. Watson Memorial Bridge.
Referred to Committee on Transportation.
SR 42. By Senator Dean of the 31st:
A resolution designating the Foster Family Bridge.
Referred to Committee on Transportation.
SR 45. By Senators Dean of the 31st, Marable of the 52nd, Madden of the 47th and others:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance of certain state owned real property located in DeKalb County, Georgia; authorizing the conveyance of certain state owned real property lo cated in Elbert County, Georgia; authorizing the conveyance of certain state owned real property located in Floyd County, Georgia; authorizing the convey ance of certain state owned real property located in Glascock County, Georgia.
Referred to Committee on Finance and Public Utilities.
SR 46. By Senators Walker of the 22nd, Hooks of the 14th, Butler of the 55th and others:
A resolution urging Congress to give priority to strengthening the Social Se curity system and ensuring that it continue to be universal and mandatory, with risk pooled among all workers.
Referred to Committee on Rules.
The following bills were read the first time and referred to committees:
HB 77. By Representatives Reaves of the 178th, McCall of the 90th and Purcell of the 147th:
A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Geor gia Annotated, known as the "Georgia Dairy Act of 1980," so as to delete cer tain definitions; to repeal provisions related to imitation milk products, imita tion reconstituted milk, milk or cream brokerages, milk or cream buying stations and reconstituted milk; to change references to the "Grade A Pasturized Milk Ordinance".
Referred to Committee on Agriculture.
HB 78. By Representatives Reaves of the 178th and Purcell of the 147th:

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A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Geor gia Annotated, known as the "Georgia Food Act," so as to repeal Code Section 26-2-31, relating to repacking of flour, grits, hominy, and cornmeal.
Referred to Committee on Agriculture.

HB 134. By Representatives Randall of the 127th, Lucas of the 124th, Graves of the 125th and Reichert of the 126th:
A bill to authorize the funding of a Joint Unification Study Commission cre ated by the governing authorities of Bibb County and the City of Macon.
Referred to Committee on State and Local Governmental Operations.

HB 145. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and others:
A bill to provide supplementary appropriations for the State Fiscal Year end ing June 30, 1999, in addition to any other appropriation heretofore or hereaf ter made for the operation of state government and the purposes provided for herein.
Referred to Committee on Appropriations.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 12. Do pass.

HB 32. Do pass.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

Mr. President:

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

SB 39. Do pass by substitute.

Respectfully submitted,

Senator Madden of the 47th District, Chairman

Mr. President:

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

HB 74. Do pass.

Respectfully submitted,

Senator Thomas of the 10th District, Chairman

The following bills were read the second time:

SB 3

SB 20

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Senator Johnson of the 1st moved that Senator Egan of the 40th be excused. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Egan was excused.

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

Balfour Blitch Bowen Broun, 46th Brown, 26th Brush Burton
BC, uab*1l,eer
Chee,ks Crotts Dean Fort Gillis Gingrey Golden Guhl Harbison

Hecht Hill Hooks Huggins Jackson James Johnson,D
JTK,oehmnspon,E Ladd
Lamutt Land Lee Madden Marable Meyer von Bremen Perdue Polak

Price.R Price.T Ragan Ray Roberts Scott Smith
SS<,t.teaprr,hens Stokes
Streat Tanksley Tate Thomas,D Thomas,N Thompson Walker Williams

Not answering was: Egan (excused)

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Bowen of the 13th introduced the chaplain of the day, Pastor John M. Childers, of First Baptist Church, Vienna, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 39. By Senator Dean of the 31st: A resolution commending Georgia Wyatt.
SR 40. By Senators Dean of the 31st and Marable of the 52nd: A resolution commending the Bartow County sheriffs office.
SR 47. By Senators Meyer von Bremen of the 12th and Hooks of the 14th: A resolution commending the Fort Gaines Lions Club and the Remote Area Medical Volunteers.
SR 48. By Senators Perdue of the 18th, Hill of the 4th and Williams of the 6th: A resolution commending the 4-H Clubs of Georgia and recognizing the obser vance of 4-H Day at the state capitol.
SR 49. By Senator Williams of the 6th:

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A resolution recognizing and commending John Stewart.
SR 50. By Senator Hill of the 4th: A resolution commending Ken Eason.
SR 51. By Senator Blitch of the 7th: A resolution recognizing and commending Lisa Bickmore.
SR 52. By Senator Blitch of the 7th: A resolution recognizing and commending Jada Carter.
SR 53. By Senator Meyer von Bremen of the 12th: A resolution commending Madia Cooper.
SR 54. By Senator Bowen of the 13th: A resolution commending Luke Couch.
SR 55. By Senator Bowen of the 13th: A resolution recognizing and commending Rebecca Willingham.
SR 56. By Senator Bowen of the 13th: A resolution recognizing and commending Elizabeth Martin.
SR 57. By Senator Crotts of the 17th: A resolution recognizing and commending Will Fletcher.
SR 58. By Senators Roberts of the 30th and Hecht of the 34th: A resolution commending Monique Goodrich.
SR 59. By Senator Perdue of the 18th: A resolution recognizing and commending Trayvis Manuel.
SR 60. By Senator Streat of the 19th: A resolution commending Nancy Bates.
SR 61. By Senator Cable of the 27th: A resolution recognizing and commending Katherine Doster.
SR 62. By Senator Cheeks of the 23rd: A resolution commending Eustache Cummings.
SR 63. By Senator Madden of the 47th: A resolution commending Jason Chitwood.
SR 64. By Senator Stephens of the 51st: A resolution recognizing and commending Will Tate.
SR 65. By Senator Marable of the 52nd: A resolution recognizing and commending Lee Donahue.
SR 66. By Senator Huggins of the 53rd: A resolution recognizing and commending Kenny Wood.

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SR 67. By Senator Thomas of the 54th: A resolution commending Craig Moore.

SR 68. By Senator Cheeks of the 23rd:
A resolution commending Alex Hammond, Jr., for his heroic action in saving the life of a fellow citizen.

SR 69. By Senator Cheeks of the 23rd:
A resolution commending David Calhoun for his heroic action in saving the life of a fellow citizen.

SR 70. By Senators Thompson of the 33rd, Tanksley of the 32nd, Lamutt of the 21st and Gingrey of the 37th:
A resolution commending Katie Freeman on becoming Miss Cobb County 1999.

SR 71. By Senators Bowen of the 13th, Meyer von Bremen of the 12th, Roberts of the 30th and Streat of the 19th:
A resolution commending the firefighters of Georgia and observing the 27th annual Firefighters' Recognition Day.

The following local, uncontested bill of the House, favorably reported by the committee as listed on the Local Consent Calendar, was put its passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, January 27, 1999 EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the leg islation.)

HB 74

Broun, 46th CLARKE COUNTY

A bill to amend an Act providing for the compensation of the coroner of Clarke County, so as to change the provisions regarding compensa tion.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable
Cagle

Y Cheeks Y Crotts Y Dean EX Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison

Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D
Johnson.E Y Kemp Y Ladd

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Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen
Perdue Y Polak Y Price,R

Y Price.T Y Ragan
Ray Y Roberts
Scott Y Smith
Starr Y Stephens Y Stokes

Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the local bill, the yeas were 49, nays 0.
The bill on the Local Consent Calendar, having received the requisite constitutional ma jority, was passed.
Senator Hecht of the 34th introduced the doctor of the day, Dr. Richard Kauffman of At lanta, Georgia.
Pursuant to HR 61, the President announced as a Committee of Escort for the Joint Ses sion, the following Senators: Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Polak of the 42nd, Dean of the 31st, Walker of the 22nd and Bowen of the 13th.
Senator Walker of the 22nd moved that upon dissolution of the Joint Session the Senate stand adjourned until 10:00 a.m. tomorrow, and the President announced the motion prevailed at 10:40 a.m..
The hour for convening the Joint Session of the Senate and the House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing a mes sage from His Excellency, Governor Roy Barnes, was called to order by the President of the Senate. HR 61, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.
His Excellency, Governor Roy Barnes, addressed the Joint Session of the Senate and the House of Representatives as follows:
Lieutenant Governor Taylor, Speaker Murphy, Members of the General Assembly, Jus tices of the Supreme Court, Judges of the Court of Appeals, Members of the Consular Corps, other honored guests, my fellow Georgians.
I return to this beautiful place, in the process of being restored to its former grandeur, with respect and fond memories. For I have spent most of my adult life in these cham bers of the General Assembly.
In the 24 years since I first arrived as a young, idealistic member, I have witnessed his tory and maybe participated in some of it.
But, most of all, I have seen the changes that make Georgia the State she is today.
It is here where I first listened to the debate over whether it was wise for Georgia chil dren to have the advantages of kindergarten and then pre-K.
It was here I heard the debate over a new Constitution for a changing Georgia.
It was here where I first participated in the debate over how, and if, we should re-ex amine the way we educate our children and institute Quality Basic Education.
And it was here where I watched Georgia transform from a sleepy, backwater state into the fastest growing state in the South -- the third fastest in the nation.

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And, yes, it was also here where I saw the arrival of a political species previously un known to us -- Republicans.
Georgia is a great state today because of all of these changes.
My message to you is that if we are to continue in our growth, we must continue in our change.
Today, we must re-examine our long held beliefs and ideas; if they do not meet our mod ern needs, it is our duty to cast them aside.
We must plan not for next year's election, but for the next century's progress. For if we fail, if we are divided by our partisan differences and refuse to meet our new challenges head on, we will compromise our future -- as well as our children's.
First and foremost I must say-the State of our State is strong]
Our economy is growing and we have cut our welfare rolls by almost 50 percent.
Thanks to HOPE Scholarships, more of our high school graduates are going on to college.
And more of our children are receiving the advantages of pre-K than ever before.
Today, Georgia is a leader. Not just the Capital of the New South, but soon to be a Capi tal for the New Century.
Today, Georgia stands on the threshold of a remarkable future. It is an awesome time in the history of our state. And those of you in this room today, those of you who have a deep and abiding commitment to our State, you have the ability to bring that brilliant future home.
You have the ability to build a bridge from here to there, from this century to the next, and to take this state from a mere flash in the pan to one that is rock steady and ready for any challenge.
But just as we are experiencing our greatest economic boom ever, we're also experienc ing one of our worst periods of public disillusionment. I spent all of last year traveling this state, and I'm here to tell you that the people of our state are frustrated.
The people have lost faith in politicians because politicians have stopped listening.
What I heard people say last November was this: "I want someone to stand up for me and deal with the problems that affect my life. Someone who'll stop the bickering and put our problems ahead of partisan politics."
I heard people say they want our train of progress to continue, but they want it to stop at places that have, for far too long, missed out.
Places like Albany that are struggling to rebuild their downtown.
Places like Brunswick that are trying to create new jobs by increasing international trade.
Places like South Atlanta and South DeKalb that are trying to wipe out urban blight by attracting new business and industry.
Places all across this state that badly need new roads to connect them to economic prosperity.
We need federal transportation dollars to keep flowing into our state. And the people of Georgia expect us to make sure that it happens.

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But instead of dealing with our transportation and pollution problems, agencies and gov ernments have for far too long passed the buck, and we are about to lose more than 900 million federal dollars this year -- almost 5 billion dollars in the years to come.
Well, today I am here to say the buck stops here.
Either we do something to solve our problems or every developmental highway, every road improvement project, every bridge, tunnel or passing lane you ever promised for your communities is coming to a screeching halt.
Either you help me do something now or this boomtown known as Atlanta becomes a ghost town. And if our growth stops here, it stops everywhere in the state.
Everybody wants to blame somebody, but the honest, decent thing is just to tell the truth. We're all to blame. We all must shoulder a part of the responsibility for the mess we've gotten ourselves into.
It's time to stop pointing fingers and start doing something.
If we fail to confront this problem, the economic engine driving our state will stall.
If we fail to confront this problem, the wealth of jobs we hope to create for our new graduates will dry up. If we fail to confront this problem, our quality of life, our air and water quality, our very ability to get to and from our homes will change for the worse.
Earlier this week, I released the details of how I hope a new state agency will work. It will co
I have drawn on all of my experiences over the years working with you and with the people of our state to draft this legislation. I know it's not perfect, but it's the best I know how to do. So before you or anyone else makes a rush to judgement, consider the alternatives.
And remember, if you know of any magic wand out there that can wipe away our air and transportation problems, drop it off at the Governor's Office--I've got several other thorny issues I need help on.
As I criss-crossed the state listening to people's problems last year, I also heard thousands of people say it's time to do something about health care.
For far too long, insurance bureaucrats have gotten between patients and their doctors.
This must end.
Just as many Georgia families have watched their choice in doctors rapidly decrease, the cost of insurance for many individuals and small businesses struggling to make it has gone through the roof.
In some cases, they are denied coverage altogether.
This also must end.
And, for far too long, many families have been left in the dark about crucial issues that affect their health.
Patients and their families have the right to know why they have been refused medical care, and they have the right to know when doctors have been forbidden to discuss cer tain treatment options.
Another reoccurring story I heard last year was that treatment is often delayed because patients are forced to wait for decisions coming from insurance bureaucrats. These de lays have resulted in increased injury, sickness and death.
This must end, too.

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These stories I heard are not isolated incidents. This can happen to you, to me, and to our families.
The problem of getting good health care at a fair price is one that each of us faces every day.
That's why I have proposed the creation of an Insurance Consumer Advocate to tackle the problems of high insurance rates. The people of Georgia are entitled to have their own spokesperson who will once and for all represent only their interests and not the in terests of the insurance companies.
I will also introduce legislation to reign in the worst excesses of HMOs and managed care.
The time has come to draw a line in the sand. A line that, for the first time in this state, clearly defines a patient's bill of rights. A line that puts the HMOs on notice. A line that clearly tells insurance lobbyists that we will honor every Georgian's right to choose his or her own doctor.
From the first colonists to land on these shores, freedom of choice has been a part of our heritage. It is ingrained in our history -- and, soon, I hope, it will even apply to insur ance companies.
So let me say again, we are here to do the work of the people, to help solve their problems. We are not here to look after the lobbyists who walk these halls and corridors. We are not here to cater to lobbyists who, right now, are waiting for you to come out of this chamber. Who are going to try and tell you how everyone's rates are going up be cause of this plan, how businesses will be forced to drop policies, even how the sky is go ing to fall and famine and pestilence will be our fate.
Don't believe them. You know they're not telling you the truth. That's what they're paid to say. Beware of their eel-skinned brief cases and alligator shoes. It's their job to scare us. It's their job to divide us. It's their job to put a wedge between us and what the peo ple want and demand - and need.
I know we can do this without raising rates. And I know the people want us to do it, and do it now.
When it comes to delivering good care at a fair price, state government should provide an example to the private sector.
That's why I have a proposal that I will send to the General Assembly to improve the way state government delivers health care -by taking all the state agencies that are currently delivering health services and bringing them together.
The way we currently deliver health care just doesn't make good sense.
For example, over in the Department of Medical Assistance, we have administrators and bureaucrats providing Medicaid for some 1.2 million low-income residents; over in the State Health Planning Agency we have folks making decisions about the size and scope of our health care facilities; and then, we also have two more agencies running health benefits for state employees.
What this has created is a mountain of cost and confusion. Each of these departments has a different set of administrators, a different set of agendas. By bringing this all under one roof we will save money and inspire confidence.

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Creating a single Department of Community Health in state government will give us the ability to maximize purchasing power. State government is already Georgia's largest purchaser of health care, covering over 26 percent of our state population. It is time to use this financial buying power to save our taxpayers money.
But we have never attempted to coordinate our health care purchases to leverage cost savings. In other words, we don't know how to buy in bulk.
This new agency will also minimize duplication and maximize administrative efficiency - cut out red tape and streamline programs.
If we truly want to restore trust and confidence in our government, we must be above reproach. That's why two weeks ago I signed an order barring my staff and the execu tive branch from receiving gifts- especially from lobbyists and other people who do busi ness with the state.
And this week, I am proposing legislation to strengthen our Open Records laws to make public access to our public records surer, faster, and more comprehensive.
As more government functions have been privatized, more and more records have been removed from the Open Records Act because they are now records of private entities.
In other words, one of the unintended side effects of privatization has been making gov ernment less open.
My proposal will remedy that.
It will prevent government employees from using excuses and unreasonable delays to circumvent our law.
And, perhaps most important of all, it will put real teeth in the Open Records Act by providing criminal penalties for knowing and willful violations.
We must be willing to change the way we do business if we hope to live up to the re sponsibilities that go along with being public servants.
What I am proposing this year are not lofty concepts far removed from the daily strug gles of ordinary Georgians.
They are proposals that directly effect the lives of the people we serve.
That is why two weeks ago, during my Budget Address, I asked for your help in giving Georgia residents a much-needed tax break, an 83 million dollar property tax cut that will help young and old alike realize the dream of home ownership.
Each one of us here today plays an important role in restoring trust and confidence in our political system. The people of Georgia want leaders they can trust, leaders they can admire, leaders who can serve as role models for their children.
We can be those examples. More importantly, we must be those examples.
And the best way for us to do that is to give the people of our state the tools they want and need for a prosperous future.
Whether it's improving education, reducing pollution, creating equal, economic opportu nity or making health care fair and accessible, we must get a better grasp of the problems facing our state and begin to find the solutions that will make us great in the 21st century.
We have much to do in the next 32 days-let's get to it.
The President of the Senate announced the Joint Session dissolved.

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Pursuant to provisions of a previously adopted motion, the Senate adjourned until 10:00 a.m. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, January 28, 1999 Ninth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 184. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to change the compensation of the chairperson and other mem bers of the board of commissioners.
HB 190. By Representative Tolbert of the 25th:
A bill to amend an Act entitled "An Act to create a board of county commis sioners for the County of Jackson," so as to provide that the board of commis sioners of Jackson County shall be composed of a chairperson and four commissioners.
HB 67. By Representatives Birdsong of the 123rd, Roberts of the 162nd, Sims of the 167th and others:
A bill to amend Code Section 15-6-72 of the Official Code of Georgia Anno tated, relating to recordation and index of military discharges by the clerk of superior court, so as to provide that a veteran may submit certain other infor mation to the clerk of the superior court for recordation.
HB 34. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of bona fide conservation use property, so as to provide for additional types of qualified owners.
The following bills were introduced, read the first time and referred to committees:
SB 70. By Senators Lee of the 29th and Hecht of the 34th:
A bill to amend Code Section 15-11-6 of the Official Code of Georgia Anno tated, relating to juvenile court jurisdiction to appoint guardians and deter mine child custody and support, so as to provide for additional authority to de termine and enforce the duty of child support.
Referred to Committee on Judiciary.
SB 71. By Senators Lee of the 29th and Price of the 28th:

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A bill to amend Article 2 of Chapter 2 of Title 16 of the Official Code of Geor gia Annotated, relating to parties to a crime, so as to provide for additional imprisonment for certain parties to crimes committed by juveniles.
Referred to Committee on Judiciary.
SB 72. By Senators Hill of the 4th and Marable of the 52nd:
A bill to amend Code Section 15-11-5 of the Official Code of Georgia Anno tated, relating to the jurisdiction of the juvenile court, so as to provide for the court's jurisdiction over certain proceedings initiated by local boards of educa tion; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for grants to schools and school systems which develop and implement certain compacts among teachers, students, and parents.
Referred to Committee on Education.
SB 73. By Senators Brush of the 24th and Bowen of the 13th:
A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Geor gia Annotated, relating to general provisions applicable to magistrate courts, so as to provide jurisdiction of magistrate courts in cases in which a person is charged with a misdemeanor under Code Section 25-2-38, relating to violations under Chapter 2 of Title 25 or failing or refusing to comply with any regula tion promulgated under said chapter.
Referred to Committee on Judiciary.
SB 74. By Senators Marable of the 52nd, Hooks of the 14th, Bowen of the 13th and Dean of the 31st:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to loitering at or disrupting elementary and secondary schools, so as to change the provisions relating to school safety plans; to re quire private schools to prepare school safety plans; to require that school safety plans address preparedness for certain accidents, acts of violence, and acts of terrorism.
Referred to Committee on Education.
SB 75. By Senators Broun of the 46th, Gillis of the 20th, Egan of the 40th and others:
A bill to amend Code Section 31-6-42 of the Official Code of Georgia Anno tated, relating to qualifications for issuance of a certificate of need, so as to provide for the development of certain nursing homes in connection with inde pendent living units, assisted living units, and home health services under certain conditions and without a showing of need.
Referred to Committee on Health and Human Services.
SB 76. By Senators Brown of the 26th, Broun of the 46th, Starr of the 44th and others:
A bill to amend Part 12 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame Au thority, so as to change the membership of the authority; to provide for related matters; to provide an effective date.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.

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SB 77. By Senators Cheeks of the 23rd, Kemp of the 3rd, Streat of the 19th and Johnson of the 1st:
A bill to amend Code Section 33-34-6 of the Official Code of Georgia Anno tated, relating to the selection of motor vehicle repair facilities, so as to pro vide that motor vehicle insurers may not designate certain repair facilities to establish the cost of repairs; to provide for applicability.
Referred to Committee on Insurance and Labor.
SB 78. By Senators Johnson of the 1st, Broun of the 46th, Lamutt of the 21st and others:
A bill to be known as the "Regulatory Reform Act of 1999"; to provide for a short title, findings, and a statement of purpose; to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide that the state and each county, municipality, consolidated govern ment, school district, or political subdivision thereof shall be bound by each statute enacted by the General Assembly and by any rule or regulation adopted pursuant to such statute unless the words of the statute plainly, clearly, and unmistakably show that the intention of the General Assembly is otherwise.
Referred to Committee on Judiciary.
SB 79. By Senator Madden of the 47th:
A bill to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions governing the selection and qualification of candidates and presidential electors, so as to provide for the nonpartisan election of certain probate judges.
Referred to Committee on State and Local Governmental Operations (General).
SB 80. By Senator Madden of the 47th:
A bill to amend Code Section 21-2-133 of the Official Code of Georgia Anno tated, relating to write-in candidates for election, so as to change the time pe riod for filing a notice of intention of candidacy; to provide for related matters; to provide for an effective date and applicability.
Referred to Committee on State and Local Governmental Operations (General).
SB 81. By Senators Kemp of the 3rd, Johnson of the 2nd, Johnson of the 1st and Wil liams of the 6th:
A bill 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 ex emption with respect to sales of fuel to or use of fuel by licensed commercial fishermen; to provide for conditions and limitations; to provide an effective date.
Referred to Committee on Finance and Public Utilities.
SB 82. By Senators Kemp of the 3rd, Lee of the 29th, Ray of the 48th and others:
A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Geor gia Annotated, relating to general provisions regarding magistrate courts, so as to provide for the monetary jurisdiction of civil claims in magistrate court to be set at $15,000.00.

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JOURNAL OF THE SENATE

Referred to Committee on Judiciary.
SB 83. By Senators Hecht of the 34th, Harbison of the 15th, Polak of the 42nd and others:
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 provisions relating to when a former prisoner of war may claim an exemption from ad valorem taxation on a motor vehicle; to provide for related matters; to provide for an effective date and applicability. Referred to Committee on Finance and Public Utilities.
SB 84. By Senator Brush of the 24th: A bill to amend Code Section 40-6-315 of the Official Code of Georgia Anno tated, relating to headgear and eye-protective devices for motorcycle riders, so as to delete the requirement of protective headgear; to delete the provision re quiring approval of eye-protective devices by the Department of Public Safety.
Referred to Committee on Health and Human Services.
SB 85. By Senator Ladd of the 41st: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the disqualification and rejection of certain peti tions which have been notarized and circulated or signed as an elector by the same notary public; to change certain provisions regarding qualifying petitions with respect to paupers' affidavits.
Referred to Committee on State and Local Governmental Operations (General).
SR 75. By Senators Broun of the 46th, Gillis of the 20th, Egan of the 40th and others: A resolution creating the Senate Certificate of Need for Long-term Care Facili ties Study Committee.
Referred to Committee on Rules.
SR 77. By Senator Kemp of the 3rd: A resolution designating the Marshall Shirah Memorial Bridge.
Referred to Committee on Transportation.
The following bills were read the first time and referred to committees:
HB 34. By Representatives Royal of the 164th and Buck of the 135th: A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of bona fide conservation use property, so as to provide for additional types of qualified owners.
Referred to Committee on Agriculture.
HB 67. By Representatives Birdsong of the 123rd, Porter of the 143rd, Sims of the 167th and others: A bill to amend Code Section 15-6-72 of the Official Code of Georgia Anno tated, relating to recordation and index of military discharges by the clerk of superior court, so as to provide that a veteran may submit certain other infor mation to the clerk of the superior court for recordation.

THURSDAY, JANUARY 28, 1999

97

Referred to Committee on Defense, Science and Technology.

HB 184. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to change the compensation of the chairperson and other mem bers of the board of commissioners.
Referred to Committee on State and Local Governmental Operations.

HB 190. By Representative Tolbert of the 25th:
A bill to amend an Act entitled "An Act to create a board of county commis sioners for the County of Jackson," so as to provide that the board of commis sioners of Jackson County shall be composed of a chairperson and four commissioners.
Referred to Committee on State and Local Governmental Operations.

The following committee report was read by the Secretary: Mr. President: The Committee on Health and Human Services has had under consideration the fol
lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 16. Do pass. Respectfully submitted, Senator Stokes of the 43rd District, Chairman

The following bills were read the second time:

SB 12

SB 39

HB 32

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

Balfour Blitch Bowen Broun, 46th Brown, 26th Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden

Guhl Harbison Hecht Hill Hooks Huggins Jackson James Johnson,D Johnson.E Kemp Ladd Lamutt Land Lee Madden Marable Meyer von Bremen

Perdue Polak Price,R Price,T Ray Roberts Scott Smith Starr Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,N Thompson Williams

Those not answering were:

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JOURNAL OF THE SENATE

Ragan

Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Hill of the 4th introduced the chaplain of the day, Dr. William Perry, pastor of the First Baptist Church, Statesboro, Georgia, who offered scripture reading and prayer. Senator Golden of the 8th introduced the Valdosta High School Football Team, com mended by SR 19, adopted previously.
The following resolutions were read and adopted:
SR 72. By Senators Ragan of the llth and Meyer von Bremen of the 12th: A resolution commending the Southwest Georgia Academy Warriors football team.
SR 73. By Senators Marable of the 52nd, Dean of the 31st and Smith of the 25th: A resolution commending the 1998 Darlington High School football team.
SR 74. By Senators Meyer von Bremen of the 12th, Ragan of the llth, Hooks of the 14th and Walker of the 22nd: A resolution expressing regret at the passing of Elmer Hawkins "Moe" Bridges, Sr.
SR 76. By Senator Kemp of the 3rd: A resolution commending Brooke Ann Wilson.
SR 78. By Senator Egan of the 40th: A resolution honoring the extraordinary career of Robert Shaw and expressing regret at his passing.
SR 79. By Senators James of the 35th and Johnson of the 2nd: A resolution honoring the Dr. Ronald E. McNair Foundation, the APEX Museum.
SR 80. By Senator Roberts of the 30th: A resolution recognizing and commending the 1998 Carrollton Trojans Varsity football team.
Senator Roberts of the 30th recognized the 1998 Carrollton Trojan Varsity Football team. Senator Polak of the 42nd introduced Anne Marie Eaton, Senior Georgian of the Year, commended by SR 28, adopted previously. Senator Crotts of the 17th introduced members of the Silver-Haired Legislature, com mended by SR 29, adopted previously.
Senator Egan of the 40th requested a moment of silence in honor and memory of Robert Shaw, memorialized by SR 78, adopted previously.
Senator Burton of the 5th moved that the following bill be withdrawn from the Senate Natural Resources Committee and committed to the Senate Economic Development, Tourism and Cultural Affairs Committee:

THURSDAY, JANUARY 28, 1999

99

SB 17. By Senators Burton of the 5th and Ladd of the 41st:
A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the "Stone Mountain Memorial Association Act," so as to provide for the purposes of the association; to change certain provisions regarding the association fund; to create the association improve ment fund and provide for expenditure of revenue of such fund.
On the motion, the yeas were 46, nays 0; the motion prevailed, and SB 17 was commit ted to the Senate Economic Development, Tourism and Cultural Affairs Committee.

SENATE CALENDAR
Thursday, January 28, 1999 NINTH LEGISLATIVE DAY

SB 3 Governor-appointment of executive counsel (Judy-33rd)

SB 20

Law Enforcement Records-inspection, copying for commercial solicita tion (SubstituteXPub Saf-16th)

The following general bills were read the third time and put upon their passage:

SB 3. By Senators Thompson of the 33rd, Tanksley of the 32nd and Stokes of the 43rd:

A bill to amend Article 3 of Chapter 12 of Title 45, relating to appointments by the Governor, so as to change provisions relating to appointment of attor neys as executive counsel by the Governor; to change the number of counsel who may be so appointed; and for other purposes.

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 Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson, E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 54, nays 0.

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.
SB 20. By Senators Land of the 16th and Ray of the 48th:
A bill to provide for legislative findings; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to repeal the prohibition of in spection or copying of law enforcement records for commercial solicitation.
The Senate Public Safety Committee offered the following substitute to SB 20:
A BILL
To be entitled an Act to provide for legislative findings; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to repeal the prohibition of inspection or copying of law enforcement records for commercial solicitation; to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping records regarding applica tions for drivers' licenses and information on licensees, and Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for public records, so as to change provisions relating to inspection and copying of Georgia Uniform Motor Vehicle Accident Reports; to provide for circumstances when such reports may be inspected or copied; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The General Assembly finds that many Georgia citizens continue to use their social se curity numbers as their driver's license numbers, and that the driver's license numbers of drivers involved in a motor vehicle accident, as well as the drivers' home addresses, telephone numbers, descriptions of motor vehicles owned or operated by the drivers, their insurance carriers, and insurance policy numbers, are routinely recorded on Geor gia Uniform Motor Vehicle Accident Reports. The General Assembly further finds that this information can be used and has been used to invade the privacy of persons in volved in motor vehicle accidents, to commit the crime of financial identity fraud against such persons and to defraud individuals, insurance carriers, other business entities, and agencies and political subdivisions of the state government. The General Assembly fur ther finds that, although there are many sources for identifying information regarding individuals, access to Georgia Uniform Motor Vehicle Accident Reports is a particularly easy and convenient method of gathering information for fraudulent purposes and for in vading the privacy of individuals, and that restricting such access will be useful in com bating privacy invasion and financial identity fraud.
SECTION 2.
Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general pro visions relative to law enforcement officers and agencies, is amended by striking in its entirety Code Section 35-1-9, relating to inspection or copying of law enforcement records for commercial solicitation, and inserting in lieu thereof the following:
"35-1-9.
\8ij It Sliiill Oti Qi'lleiWlU.1 lOi* &iiy JJtil'SOli tO lUSpGCt Oi*"COpy ciiiy I'OCOl'QS Ol Hi l&W CHIO1C~ ilieiiL &cilCy tO WlHCil U16^ULjllC liiiij SL i'l^lit ul tiCCtiSS lli.id.tir J^cii a^i a^jli V*i/ ul SiiuScCLiuii \Si) OI vJOue o^CtlOll uU~i.o"Y<i IOr l/llc jiili*^)OS^ OI OL)l/cilliiii^ ulit; l

THURSDAY, JANUARY 28, 1999

101

SOliCrt&tluii ul SU.C11 liJ.uj.vlu.U&l& OI1 I'tJi&tlVfeS ^1 SUdl lHulVlu.U.SilS.

TO) T11H p1 1

U.L*OC1:uuii iaj ui tins ouuu beciiun snail nut piuniuii 111

n-of-sT h- infr rmati cnrtjf airyv 1n1ewws iinsud.iaa fur the iise of such iiifoi'iiiation f any

otiiui law ri- uciLei uulici^Livii "' """J"""*""*1"'"'-

to

u L Ull VV11U VI

be- f-i ^Ltlll^ U a HJ.lBU.CHlt;mlul.

tiun shall

SECTION 3.

Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping records regarding applications for drivers' licenses and information on licensees, is amended by striking subsection (b) in its entirety and inserting in lieu thereof the following:

"(b) The records maintained by the department on individual drivers are exempt from any law of this state requiring that such records be open for public inspection; pro vided, however, that initial arrest reports, accident lepuils, incident reports, and the records pertaining to investigations or prosecutions of criminal or unlawful activity shall be subject to disclosure pursuant to paragraph (4) of subsection (a) of Code Sec tion 50-18-72 and related provisions. Georgia Uniform Motor Vehicle Accident Reports shall be subject to disclosure pursuant to paragraph (4.1) of subsection (a) of Code Sec tion 50-18-72. The department shall not make records or personal information availa ble on any driver except as otherwise provided in this Code section or as otherwise specifically required by 18 U.S.C. Section 2721."

SECTION 4.

Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for public records, is amended by striking in its entirety para graph (4) of subsection (a) and inserting in its place the following:

"(4) Records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initial police arrest reports, accident lupuils, and incident reports; provided, however, that an in vestigation or prosecution shall no longer be deemed to be pending when all direct litigation involving said investigation and prosecution has become final or otherwise terminated;"

SECTION 5.

Said Code section relating to when public disclosure is not required for public records is further amended by inserting a new paragraph to be designated paragraph (4.1) to read as follows:

"(4.1) Individual Georgia Uniform Motor Vehicle Accident Reports, except upon a showing of need by the requesting party, such showing to be made to the custodian of records; provided, however, that any person or entity whose name or identifying information is contained in a Georgia Uniform Motor Vehicle Accident Report shall be entitled, either personally or through a lawyer or other representative, to receive a copy of such report; and provided further that Georgia Uniform Motor Vehicle Ac cident Reports shall not be available in bulk for inspection or copying by any person absent a showing of need for each such report. For the purposes of this subsection, the term 'need' means that the natural person or legal entity who is requesting in person or by representative to inspect or copy the Georgia Uniform Motor Vehicle

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Accident Report has a personal, professional, or business connection with a party to the accident; owns or leases an interest in property allegedly or actually damaged in the accident; was allegedly or actually injured by the accident; was a witness to the accident; is the actual or alleged insurer of a party to the accident or of property ac tually or allegedly damaged by the accident; is alleged to be liable to another party as a result of the accident; or is conducting research in the public interest for such purposes as accident prevention, prevention of injuries or damages in accidents, de termination of fault in an accident or accidents, or other similar purposes;"
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.

Senator Land of the 16th offered the following amendment:

Amend the committee substitute to SB 20 by striking line 9 of page 4 and inserting in lieu thereof the following:

"actually or allegedly damaged by the accident; is a prosecutor or a publicly employed law enforcement officer; is".

By striking line 11 of page 4 and inserting in lieu thereof the following:

"accident; is gathering information as a representative of a news media organization; or is conducting research in the public".

On the adoption of the amendment, the yeas were 47, nays 0, and the Land amendment to the committee substitute was adopted.

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

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

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

THURSDAY, JANUARY 28, 1999

103

The bill, having received the requisite constitutional majority, was passed by substitute. Serving as doctor of the day was Dr. Ramon Parrish of Blue Ridge, Georgia. Senator Walker of the 22nd moved that the Senate adjourn until 9:00 a.m. tomorrow; the motion prevailed, and at 11:02 a.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Friday, January 29, 1999 Tenth Legislative Day
The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 192. By Representative James of the 140th:
A bill to amend an Act creating the board of commissioners of Macon County, so as to create the office of county manager of Macon County.
HB 196. By Representatives Westmoreland of the 104th, Brown of the 130th, Smith of the 103rd and others:
A bill to amend an Act creating the State Court of Coweta County, so as to change the provisions relating to the clerk of the state court and other person nel of the court.
HB 197. By Representative Floyd of the 138th:
A bill to provide for the consolidation of the existing governments of the City of Hawkinsville and Pulaski County.
HB 199. By Representative Floyd of the 138th: A bill to amend an Act providing for the minimum compensation for certain county officers of Pulaski County, so as to change the officials to which such Act is applicable.
HB 200. By Representative Floyd of the 138th: A bill to repeal an Act creating the office of Commissioner of Pulaski County; to provide for a contingent effective date.
HB 201. By Representative Floyd of the 138th:
A bill to repeal an Act providing for a new charter for the City of Hawkins ville; to provide for a contingent effective date.
HB 39. By Representatives Walker of the 141st, Martin of the 47th, Murphy of the 18th and others: A bill to amend Code Section 15-21-1 of the Official Code of Georgia Anno tated, relating to exemptions from jury duty, so as to provide for the exemp tions from jury duty of any person who is a full-time student at a college, uni versity, vocational school, or other postsecondary school and who requests an

FRIDAY, JANUARY 29, 1999

105

exemption; to provide for the exemption from jury duty of any person who is the primary caregiver having active care and custody of a child under two years of age.
HB 53. By Representative Murphy of the 18th:
A bill to clarify that a motion to enforce an alimony or child support order by attachment for contempt is a part of the underlying action and does not con stitute a new action; to amend Code Section 19-6-28 of the Official Code of Georgia Annotated, relating to enforcement of orders for alimony and child support, so as to provide for the nature of contempt proceedings as a part of the underlying action.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 57. By Representatives Poag of the 6th and Whitaker of the 7th:
A resolution designating the C. F. "Coote" Mason Highway.
The following bills were introduced, read the first time and referred to committees:
SB 86. By Senator James of the 35th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, relating to physicians, physician's assistants, and respiratory care, so as to provide for the certification of practitioners of auricular detoxification for substance abuse; to provide for legislative purpose.
Referred to Committee on Health and Human Services.
SB 87. By Senators Streat of the 19th, Huggins of the 53rd, Tate of the 38th and others:
A bill to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Geor gia Annotated, relating to equipment of motor vehicles generally, so as to change the provisions relating to display of owner's name on certain trucks; to provide that it shall be unlawful to operate in this state any bus, truck, or truck tractor having a manufacturer's gross vehicle weight rating or an owner declared gross weight of 10,001 or more pounds or transporting hazardous materials in a quantity requiring placarding which does not comply with the name and other display requirements of this Act.
Referred to Committee on Transportation.
SB 88. By Senators Walker of the 22nd, Dean of the 31st, Madden of the 47th and others:
A bill to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Geor gia Annotated, the "Georgia Motor Vehicle Franchise Practices Act," so as to change the definition of "dealer," "Franchise," and "franchisor"; to provide for the filing of petitions with the Department of Revenue; to provide for dam ages, the burden of proof, standing, and venue in actions under this article.
Referred to Committee on Finance and Public Utilities.
SB 89. By Senator Madden of the 47th:

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JOURNAL OF THE SENATE

A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Geor gia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for legislative findings and intent; to create a new Code section to be known as the "Essential Rural Nonemergency Transportation Provider Access Act"; to provide for definitions.
Referred to Committee on Health and Human Services.
SR 87. By Senators Walker of the 22nd, Johnson of the 1st, Ragan of the llth and others:
A resolution designating the Hooks-Coleman Auditorium at the Capitol Educa tion Center.
Referred to Committee on Rules.
SR 88. By Senators Walker of the 22nd and Cheeks of the 23rd:
A resolution creating the Joint Study Committee on Partnership Between the Hospital and Clinics of the Medical College of Georgia and the University Hos pital of Richmond County.
Referred to Committee on Health and Human Services.
The following bills were read the first time and referred to committees:
HB 39. By Representatives Walker of the 141st, Martin of the 47th, Smith of the 109th and others:
A bill to amend Code Section 15-21-1 of the Official Code of Georgia Anno tated, relating to exemptions from jury duty, so as to provide for the exemp tion from jury duty of any person who is a full-time student at a college, uni versity, vocational school, or other postsecondary school and who requests an exemption; to provide for the exemption from jury duty of any person who is the primary caregiver having active care and custody of a child under two years of age.
Referred to Committee on Judiciary.
HB 53. By Representative Murphy of the 18th:
A bill to clarify that a motion to enforce an alimony or child support order by attachment for contempt is a part of the underlying action and does not con stitute a new action; to amend Code Section 19-6-28 of the Official Code of Georgia Annotated, relating to enforcement of orders for alimony and child support, so as to provide for the nature of contempt proceedings as a part of the underlying action.
Referred to Committee on Judiciary.
HB 192. By Representative James of the 140th:
A bill to amend an Act creating the board of commissioners of Macon County, so as to create the office of county manager of Macon County.
Referred to Committee on State and Local Governmental Operations.
HB 196. By Representatives Westmoreland of the 104th, Brown of the 130th, Smith of the 103rd and Yates of the 106th:

FRIDAY, JANUARY 29, 1999

107

A bill to amend an Act creating the State Court of Coweta County, so as to change the provisions relating to the clerk of the state court and other person nel of the court.
Referred to Committee on State and Local Governmental Operations.

HB 197. By Representative Floyd of the 138th:
A bill to provide for the consolidation of the existing governments of the City of Hawkinsville and Pulaski County.
Referred to Committee on State and Local Governmental Operations.

HB 199. By Representative Floyd of the 138th:
A bill to amend an Act providing for the minimum compensation for certain county officers of Pulaski County, so as to change the officials to which such Act is applicable.
Referred to Committee on State and Local Governmental Operations.

HB 200. By Representative Floyd of the 138th:
A bill to repeal an Act creating the office of Commissioner of Pulaski County; to provide for a contingent effective date.
Referred to Committee on State and Local Governmental Operations.

HB 201. By Representative Floyd of the 138th:
A bill to repeal an Act providing for a new charter for the City of Hawkin sville; to provide for a contingent effective date.
Referred to Committee on State and Local Governmental Operations.

HR 57. By Representatives Poag of the 6th and Whitaker of the 7th: A resolution designating the C. F. "Coote" Mason Highway.
Referred to Committee on Transportation.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 10. Do pass.

SB 34. Do pass.

Respectfully submitted,

Senator Ragan of the llth District, Chairman

Mr. President: The Committee on Banking and Financial Institutions has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 19. Do pass by substitute. Respectfully submitted,
Senator Cheeks of the 23rd District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the fol lowing resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SR 45. Do pass.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

Mr. President:

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

SB 6. Do pass by substitute.

HB 134. Do pass.

Respectfully submitted,

Senator Thomas of the 10th District, Chairman

The following bill was read the second time:
SB 16
Senator Land of the 16th moved that Senator Harbison of the 15th be excused. On the motion, the yeas were 45, nays 0; the motion prevailed, and Senator Harbison was excused.

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

Blitch Bowen Broun, 46th Brown, 26th
Burton Butler Cable Cagle Cheeks Crotts Dean
E/GG_-i.g-iilniavhgnsrey
Golden Guhl Hecht

Hill Huggins
Jackson James
Johnson,D Johnson,E Kemp Ladd Lamutt Land Lee

M1M1 aadradbie-line Meyer von

,,Bremen

Perdue Polak
Price,R

Price.T Ragan Ray Roberts
Scott Smith Starr Stephens Stokes Streat Tanksh*
^ TT,w_,hhtooIekmmpass.oDn
Williams

Those not answering were:

Balfour Brush

Fort Harbison (excused)

Hooks Thomas,N

FRIDAY, JANUARY 29, 1999

109

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Stokes of the 43rd introduced the chaplain of the day, Bishop Eddie Long, pas tor of New Birth Missionary Baptist Church, Decatur, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 81. By Senator Meyer von Bremen of the 12th:
A resolution commending the Dougherty Comprehensive High School football team.

SR 82. By Senator Broun of the 46th: A resolution recognizing and commending Maxine and Bob Burton.

SR 83. By Senators James of the 35th, Fort of the 39th and Tate of the 38th:
A resolution proclaiming the second Thursday in February as "African-Ameri can Business Enterprise Day".

SR 84. By Senators James of the 35th, Fort of the 39th and Tate of the 38th:
A resolution recognizing South Fulton County Legislative Day at the Capitol on February 11, 1999.

SR 85. By Senators Thomas of the 10th, James of the 35th, Tate of the 38th and others:
A resolution commending and recognizing the Georgia Association of Black State Universities.

SR 86. By Senator Bowen of the 13th: A resolution commending Mr. and Mrs. Alfred E. Wilson.

SR 89. By Senator Balfour of the 9th A resolution designating February 1, 1999, as "Kroger Day at the Capitol".

SR 90. By Senators Hooks of the 14th, Tate of the 38th, Brown of the 26th and others:
A resolution congratulating Coach Dan Reeves and commending the Atlanta Falcons.
Senator Kemp of the 3rd introduced Brooke Ann Wilson, commended by SR 76, adopted previously.
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, January 29, 1999 TENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the leg islation.)

HB 32

Thomas, 54th MURRAY COUNTY

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JOURNAL OF THE SENATE

A bill to provide a homestead exemption from Murray County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over.

HB 134

Perdue, 18th Brown, 26th Cable, 27th BIBB COUNTY CITY OF MACON

A bill to authorize the funding of a Joint Unification Study Commis sion created by the governing authorities of Bibb County and the City of Macon.
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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

EX Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thompson Y Walker
Williams

On the passage of the local bills, the yeas were 52, nays 0. All the bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.
SENATE CALENDAR Friday, January 29, 1999

FRIDAY, JANUARY 29, 1999

111

TENTH LEGISLATIVE DAY

SB 12

Uniform Transfer on Death Security Registration Act-enact (F&PU17th)

SB 39

Workers' Compensation-time limit for appeal after award (Substitute)(I&L-47th)

The following general bills were read the third time and put upon their passage:

SB 12. By Senators Crotts of the 17th, Lamutt of the 21st and Dean of the 31st:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Anno tated, relating to probate under the Revised Probate Code of 1998, so as to en act the "Uniform Transfer on Death Security Registration Act"; to provide for a short title; to provide for definitions; to provide for registration in benefici ary form with respect to certain types of ownership; to provide for applicable state law.
Senator Crotts of the 17th moved that SB 12 be committed to the Senate Judiciary Committee.
On the motion, the yeas were 46, nays 0; the motion prevailed, and SB 12 was commit ted to the Senate Judiciary Committee.

SB 39. By Senators Madden of the 47th, Golden of the 8th and Crotts of the 17th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to provide for cross appeals to the appellate division of the State Board of Workers' Compensation within 30 days of the notice of award by the administrative law judge; to authorize the board to review the status of a self-insured employer after the self-insured em ployer has been involved in a merger or acquisition.
The Senate Insurance and Labor Committee offered the following substitute to SB 39:
A BILL
To be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia An notated, relating to workers' compensation, so as to provide for cross appeals to the ap pellate division of the State Board of Workers' Compensation within 30 days of the no tice of award by the administrative law judge; to authorize the board to review the status of a self-insured employer after the self-insured employer has been involved in a merger or acquisition; to authorize the board to appoint guardians of minor or legally in competent persons in limited circumstances; to empower the board to order a reimburse ment of the overpayment of income benefits to a claimant; to increase the maximum amounts of temporary total disability benefits and temporary partial disability benefits paid to a claimant; to increase the amount paid for burial expenses; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' com pensation, is amended by striking in its entirety subsection (a) of Code Section 34-9-103, relating to appeals of decisions by the State Board of Workers' Compensation, and in serting in lieu thereof the following:

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"(a) Any party dissatisfied with a decision of an administrative law judge of the trial division of the State Board of Workers' Compensation may appeal that decision to the appellate division of the State Board of Workers' Compensation which shall have origi nal appellate jurisdiction in all workers' compensation cases. If an An application for review ib made tu the appellate shall be made to the appellate division within 20 days of notice of the award. The appellee may institute cross appeal by filing notice thereof within 30 days of the notice of the award. If a timely application for review, cross ap peal, or both, is made to the appellate division, the appellate division shall review the evidence and shall then make an award with findings of fact and conclusions of law. A copy of the award so made on review shall immediately be sent to the parties at dis pute. Upon review, the appellate division may remand to an administrative law judge in the trial division any case before it for the purpose of reconsideration and correction of apparent errors and omissions and issuance of a new award, with or without the taking of additional evidence, or for the purpose of taking additional evidence for con sideration by the appellate division in rendering any decision or award in the case. The findings of fact made by the administrative law judge in the trial division shall be accepted by the appellate division where such findings are supported by a preponder ance of competent and credible evidence contained within the records."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 34-9-127, relat ing to the issuance by the board of certificates of self-insurance, and inserting in lieu thereof the following:
"34-9-127.
(a) Whenever an employer has complied with those provisions of Code Section 34-9121 relating to self-insurance, the board shall issue to such employer a certificate which shall remain in force for a period fixed by the board.; but the buaid
(b) The board shall have the authority to review the self-insured status of an em ployer after a merger or acquisition involving the employer.
(c) The board may, upon at least 60 days' notice to the employer and after a hearing, revoke the certificate upon satisfactory evidence for such revocation having been presented. At any time after such revocation, the board may grant a new certificate to the employer upon his petition."
SECTION 3.
Said chapter is further amended by striking in its entirety subsection (f) of Code Section 34-9-200.1, relating to rehabilitation benefits and suppliers, and inserting in lieu thereof the following:
"(f) Any rehabilitation supplier shall hold one of the following certifications or licenses:
(1) Certified Rehabilitation Counselor (CRC);
(2) Certified Disability Management Specialist (CDMS);
(3) Certified Rehabilitation Registered Nurse (CRRN);
(4) Work Adjustment and Vocational Evaluation Specialist (WAVES); or
(5) Licensed Professional Counselor (LPC)
and shall be registered with the State Board of Workers' Compensation. The board shall have the authority to refuse to register an applicant as a rehabilitation supplier, to remove a rehabilitation supplier from a case, to require corrective actions of a reha-

FRIDAY, JANUARY 29, 1999

113

bilitation supplier, to assess penalties as provided under Code Section 34-9-21 34-9-18 against a rehabilitation supplier, or to suspend or revoke the board registration of a rehabilitation supplier for failure to comply with this chapter or the rules and regula tions of the board or the standards of ethics of the applicable licensing or certifying body. Revocation of registration shall be determined in a hearing before an administra tive law judge and an adverse decision may be appealed as provided under Code Sec tions 34-9-103 and 34-9-105. The board may establish by rule based upon recognized qualifications, educational standards, and competency in the field of rehabilitation suppliers, as determined and set out by the board, those persons who will be author ized to provide rehabilitation services to injured employees under this chapter."
SECTION 4.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-9-221, relating to the procedure for the payment of compensation, and inserting in lieu thereof the following:

"(a) Income benefits shall be paid periodically, promptly, and directly to the person

entitled thereto, without an award, except where liability is controverted by the em

ployer. Where the claimant's address of record is in Georgia, payment shall be made

in cash or negotiable instrument drawn on a Georgia depository, except where an ap

plication for exception is made to the State Board of Workers' Compensation and the

applicant demonstrates that reasonable methods of payment exist that will assure the

timely receipt of payment of compensation benefits to the claimant. All applicants

must meet the permitting requirements of subsection (b) of Code Section 34-9-131 or

of Code Section 34-9-127."

~

SECTION 5.
Said chapter is further amended by striking in its entirety Code Section 34-9-226, relat ing to the appointment of a guardian for a minor or incompetent claimant, and inserting in lieu thereof the following:
"34-9-226.

(a) AfUii July 1, 1990 Except as provided in this Code section, the only person capable of representing a minor or legally incompetent claimant entitled to workers' compensa tion benefits shall be a guardian duly appointed and qualified by the probate court of the county of residence of such minor or legally incompetent person. Said guardian shall be required to file with the board a copy of the guardianship returns filed annu ally with the probate court and give notice to all parties within 30 days of any change in status.
(b) The board shall have authority in and shall establish procedures for appointing temporary guardians for purposes of administering workers' compensation rights and benefits without such guardian becoming the legally qualified guardian of any other property, without such guardian's actions being approved by a court of record, and without the posting of a bond, in only the following circumstances:

(1) The board may, in its discretion, authorize and appoint a temporary guardian of a minor or legally incompetent person to receive and administer weekly income ben efits on behalf of and for the benefit of said minor or legally incompetent person for a period not to exceed 52 weeks unless renewed or extended by order of the board;

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(2) The board may, in its discretion, authorize and appoint a temporary guardian of a minor or legally incompetent person to compromise and terminate any claim and receive any sum paid in settlement for the benefits and use of said minor or legally incompetent person where the net settlement amount approved by the board is less than $25,000.00; and
(3) If a minor or legally incompetent person does not have a duly appointed repre sentative or guardian, the board may, in its discretion, appoint a guardian ad litem to bring or defend an action under the Workers' Compensation Act in the name of and for the benefit of said minor or legally incompetent person to serve for a period not to exceed 52 weeks, unless renewed or extended by order of the board. How ever, no guardian ad litem appointed pursuant to this Code section shall be permit ted to receive the proceeds from any such action except as provided in subsections (a) and (b) of this Code section and the board shall have the authority to determine compensation, if any, for any guardian ad litem appointed pursuant to this Code section."
SECTION 6.
Said chapter is further amended by inserting at the end of Part 3 of Article 6, relating to payment of compensation, a new Code Section 34-9-245 to read as follows:
"34-9-245.
Should the board find that a claimant has received an overpayment of income benefits from the employer, for any reason, the board shall have the authority to order repay ment on terms acceptable to the parties or within the discretion of the board. No claim for reimbursement shall be allowed where the application for reimbursement is filed more than two years from the date such overpayment was made."
SECTION 7.
Said chapter is further amended by striking Code Section 34-9-261, relating to compen sation for total disability, and inserting in lieu thereof the following:
"34-9-261.
While the disability to work resulting from an injury is temporarily total, the em ployer shall pay or cause to be paid to the employee a weekly benefit equal to twothirds of the employee's average weekly wage but not more than $325.00 $350.00 per week nor less than $02.00 $35.00 per week, except that when the weekly wage is be low $32.00 35.00 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum pe riod of 400 weeks from the date of injury; provided, however, in the event of a cata strophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly ben efit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104."
SECTION 8.
Said chapter is further amended by striking Code Section 34-9-262, relating to compen sation for temporary partial disability, and inserting in lieu thereof the following:
"34-9-262.
Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the em ployer shall pay or cause to be paid to the employee a weekly benefit equal to two-

FRIDAY, JANUARY 29, 1999

115

thirds of the difference between the average weekly wage before the injury and the av erage weekly wage the employee is able to earn thereafter, but not more than $210.07 $233.33 per week for a period not exceeding 350 weeks from the date of injury."

SECTION 9.

Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-9-265, relating to compensation for death resulting from injury and other causes, and inserting in lieu thereof the following:

"(b) If death results instantly from an accident arising out of and in the course of em ployment or if during the period of disability caused by an accident death results proximately therefrom, the compensation under this chapter shall be as follows:

(1) The employer shall, in addition to any other compensation, pay the reasonable expenses of the employee's last sickness and burial expenses not to exceed $0,000.00 $7,500.00. If the employee leaves no dependents, this shall be the only compensation;

(2) The employer shall pay the dependents of the deceased employee, which depen dents are wholly dependent on his or her earnings for support at the time of the in jury, a weekly compensation equal to the compensation which is provided for in Code Section 34-9-261 for total incapacity;

(3) If the employee leaves dependents only partially dependent on his or her earn ings for their support at the time of the injury, the weekly compensation for these dependents shall be in the same proportion to the compensation for persons wholly dependent as the average amount contributed weekly by the deceased to the partial dependents bears to the deceased employee's average weekly wages at the time of the injury;

(4) When weekly payments have been made to an injured employee before his or her death, compensation to dependents shall begin on the date of the last of such payments; but the number of weekly payments made to the injured employee under Code Section 34-9-261, 34-9-262, or 34-9-263 shall be subtracted from the maximum 400 week period of dependency of a spouse provided by Code Section 34-9-13; and in no case shall payments be made to dependents except during dependency."

SECTION 10.

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

On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable

Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden

Y Guhl EX Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D

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Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue

Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens

Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.
Serving as doctor of the day, was Dr. Benjamin Bailon. Senator Walker of the 22nd moved that, pursuant to HR 8, the Senate adjourn until 10:30 a.m. Monday, February 1, 1999; the motion prevailed, and at 10:00 a.m., the Presi dent announced the Senate adjourned.

MONDAY, FEBRUARY 1, 1999

117

Senate Chamber, Atlanta, Georgia Monday, February 1, 1999 Eleventh Legislative Day
The Senate met pursuant to adjournment at 10:30 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of Friday, January 29, 1999 pro ceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 273. By Representatives Teper of the 61st, O'Neal of the 75th, Millar of the 59th and others:
A bill to provide for the creation of one or more community improvement dis tricts in DeKalb County and in each municipality in such county.
HB 274. By Representatives Teper of the 61st, O'Neal of the 75th, Millar of the 59th and others:
A bill to amend an Act known as the "DeKalb County Community Improve ment District Act," so as to change the short title of the Act.
HB 158. By Representatives Lucas of the 124th, Murphy of the 18th, Coleman of the 142nd and others:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Geor gia Annotated, known as the "State Properties Code," so as to change the pro visions relating to the membership and organization of the State Properties Commission.
HB 189. By Representatives Jenkins of the 110th, Smith of the 109th, Twiggs of the 8th and others:
A bill to amend Code Section 16-11-184 of the Official Code of Georgia Anno tated, relating to regulatory authority of local political subdivisions over fire arms and limitations thereon, so as to reserve to the state the right to bring certain civil actions against firearms manufacturers, trade associations, and dealers.
The following bills were introduced, read the first time and referred to committees:
SB 90. By Senator Ladd of the 41st:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to change certain provisions relating to operation of an unregistered vehicle or a vehicle without a current license plate, revalidation decal, or county decal and display of temporary notice.
Referred to Committee on Finance and Public Utilities.

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SB 91. By Senator Ladd of the 41st: A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, the "Georgia Election Code," so as to revise and change requirements and procedures regarding write-in candidates; to eliminate the requirement of examining write-in votes for unqualified write-in candidates.
Referred to Committee on State and Local Governmental Operations (General).
SR 91. By Senator Ladd of the 41st: A resolution creating the Joint Temporary Motor Vehicle License Plate Study Committee.
Referred to Committee on Rules.
The following bills were read the first time and referred to committees:
HB 158. By Representatives Lucas of the 124th, Murphy of the 18th, Coleman of the 142nd and others:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Geor gia Annotated, known as the "State Properties Code," so as to change the pro visions relating to the membership and organization of the State Properties Commission.
Referred to Committee on Finance and Public Utilities.
HB 189. By Representatives Jenkins of the 110th, Smith of the 109th, Twiggs of the 8th and others: A bill to amend Code Section 16-11-184 of the Official Code of Georgia Anno tated, relating to regulatory authority of local political subdivisions over fire arms and limitations thereon, so as to reserve to the state the right to bring certain civil actions against firearms manufacturers, trade associations, and dealers.
Referred to Committee on Public Safety.
HB 273. By Representatives Teper of the 61st, O'Neal of the 75th, Millar of the 59th and others:
A bill to provide for the creation of one or more community improvement dis tricts in DeKalb County and in each municipality in such county.
Referred to Committee on State and Local Governmental Operations.
HB 274. By Representatives Teper of the 61st, O'Neal of the 75th, Millar of the 59th and others: A bill to amend an Act known as the "DeKalb County Community Improve ment District Act," so as to change the short title of the Act.
Referred to Committee on State and Local Governmental Operations.
The following committee report was read by the Secretary: Mr. President: The Committee on Appropriations has had under consideration the following bill of
the House and has instructed me to report the same back to the Senate with the fol lowing recommendation:

MONDAY, FEBRUARY 1, 1999

119

HB 145. Do pass.

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

The following bills and resolution were read the second time:

SB 6

SB 10

SB 19

SB 34

SR 45

Senator Kemp of the 3rd moved that Senator Blitch of the 7th be excused. On the mo tion, the yeas were 37, nays 0; the motion prevailed, and Senator Blitch was excused.

Senator Gillis of the 20th moved that Senator Starr of the 44th be excused. On the mo tion, the yeas were 43, nays 0; the motion prevailed, and Senator Starr was excused.

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

Balfour Bowen Brown, 26th Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Gillis Gingrey Golden Guhl Harbison

Hecht Hill Hooks Huggins Jackson Johnson,D Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer von Bremen Perdue Polak

Price,R Price.T Ragan Ray Roberts Scott Smith Stephens Stokes Streat Tanksley Tate Thomas,D Thomas ,N Thompson Walker Williams

Those not answering were:

Blitch (excused) Broun, 46th

Fort James

Starr (excused)

The following communication was received by the Secretary:
To: Frank Eldridge, Jr. From: Karen Thompson Date: Monday, February 1, 1999 This is to inform you that Senator Donzella J. James of the 35th was delayed due to traffic and was not in the Senate Chambers at the time of roll call but was on the Capi tol premises in the parking lot. Please excuse her for being tardy.
Thank you, /s/ Karen Thompson

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The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Kemp of the 3rd introduced the chaplain of the day, Pastor Tom Owen, pastor of First Baptist Church of Hinesville, Georgia, who offered scripture reading and prayer. Senator Balfour of the 9th spoke to SR 89, adopted previously, recognizing Kroger Day at the Capitol.
SENATE CALENDAR Monday, February 1, 1999 ELEVENTH LEGISLATIVE DAY
SB 16 Optometrists-scope of practice (H&HS-llth)
The following general bill was read the third time and put upon its passage:

SB 16. By Senators Ragan of the llth, Walker of the 22nd, Hooks of the 14th and others:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Anno tated, relating to optometrists, so as to change the provisions regarding scope of practice and providing samples.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour EX Blitch Y Bowen N Broun, 46th N Brown, 26th N Brush Y Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey N Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,D N Johnson.E Y Kemp N Ladd N Lamutt N Land Y Y Madden Y Marable Y Meyer von Bremen N Perdue N Polak

N Price,R N Price.T Y Ragan N Ray N Roberts Y Scott Y Smith EX Starr N Stephens Y Stokes Y Streat N Tanksley Y Tate N Thomas.D Y Thomas,N Y Thompson Y Walker N Williams

On the passage of the bill, the yeas were 28, nays 26. The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Walker of the 22nd gave notice that at the proper time he would move that the Senate reconsider its action in defeating SB 16.

MONDAY, FEBRUARY 1, 1999

121

Senator Ragan of the llth introduced the Southwest Greorgia Academy Warriors Football Team, commended by SR 72, adopted previously.
Senator Kemp of the 3rd introduced the doctors of the day, Drs. Cecila and Antonio Ong of Hinesville, Georgia.
Senator Dean of the 31st moved that the Senate adjourn until 10:00 a.m. tomorrow; the motion prevailed, and at 11:43 a.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Tuesday, February 2, 1999 Twelfth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Walker of the 22nd moved that the Senate reconsider its action in defeating the following bill:

SB 16. By Senators Ragan of the llth, Walker of the 22nd, Hooks of the 14th and others:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Anno tated, relating to optometrists, so as to change the provisions regarding scope of practice and providing samples.
Senator Broun of the 46th called for the yeas and nays. The call was sustained, and the vote was as follows:

N Balfour Blitch
Y Bowen N Broun, 46th Y Brown, 26th N Brush Y Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D N Johnson,E Y Kemp N Ladd N Lamutt N Land Y Y Madden Y Marable Y Meyer von Bremen N Perdue Y Polak

N Price,R N Price.T Y Ragan N Ray N Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes N Streat N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thompson Y Walker N Williams

On the motion, the yeas were 32, nays 23, and SB 16 was reconsidered and placed at the foot of the Senate Calendar for today. 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:

TUESDAY, FEBRUARY 2, 1999

123

HB 286. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A bill to amend an Act providing for the Joint County-Municipal Board of Re gistration and Elections for Dougherty County and the City of Albany, so as to provide for staggered terms of office for members of said joint board.
HB 56. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorpo rate provisions of federal law into Georgia law.
HB 135. By Representatives Smith of the 109th, Howard of the 118th, Bordeaux of the 151st and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to provide for cross appeals to the appellate division of the State Board of Workers' Compensation within 30 days of the notice of award by the administrative law judge; to authorize the board to review the status of a self-insured employer after the self-insured em ployer has been involved in a merger or acquisition.
HB 167. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Part 1 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of motor vehicles and mobile homes, so as to change certain provisions regarding the value of motor vehicles to be added to the tax digest.
HB 238. By Representative Squires of the 78th:
A bill to amend Code Section 21-2-170 of the Official Code of Georgia Anno tated, relating to nomination of candidates by petition, form of petition, limita tions as to circulation and amendment, and listing of such candidate on ballot, so as to provide that persons notarizing petitions for write-in candidacies may not also act as circulators of such petitions.
HB 176. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Anno tated, relating to bona fide conservation use property, so as to change certain provisions regarding property ownership qualifications.
HB 266. By Representatives DeLoach of the 172nd and Holmes of the 53rd:
A bill to amend Code Section 21-2-413 of the Official Code of Georgia Anno tated, relating to conduct of voters, campaigners, and others at polling places, so as to change the age of children who may accompany their parents into the enclosed space for voting and into the voting compartment or voting booth.
HB 140. By Representatives Reichert of the 126th, Graves of the 125th, Jones of the 71st and others:

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A bill to amend Article 1 of Chapter 7 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the sale of distilled spirits by private clubs, so as to provide for Sunday sales of other alcoholic beverages in such clubs.
HB 33. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Geor gia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to eliminate certain recording fees with respect to preferential or current use assessment of tangible real property devoted to agricultural use, bona fide conservation use property, and bona fide residential transitional property.
The following bills were introduced, read the first time and referred to committees:
SB 92. By Senator Johnson of the 1st:
A bill to amend Code Section 31-6-40 of the Official Code of Georgia Anno tated, relating to certificate of need required for offering health services, so as to provide for exemptions for certain mobile services; to provide for an effec tive date.
Senator Johnson of the 1st gave notice that at the proper time he would move that SB 92 be engrossed.
SB 93. By Senator Land of the 16th:
A bill to amend Chapter 13 of Title 40 of the Official Code of Georgia Anno tated, relating to prosecution of traffic offenses, so as to increase the penalty for failure to appear at a traffic violations bureau of the court in response to a traffic citation.
Referred to Committee on Judiciary.
SB 94. By Senators Butler of the 55th, James of the 35th, Johnson of the 2nd and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to general provisions relative to insurance generally, so as to prohibit certain individual major medical or group health insurance policies, group health plans or policies, and all other forms of managed or capitated health care plans or policies from denying or limiting coverage for certain prescription drugs.
Referred to Committee on Insurance and Labor.
SB 95. By Senators Thomas of the 10th, Brush of the 24th and James of the 35th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to edu cation and training of persons regulated by the State Board of Cosmetology; to require certain continuing education; to require licensing of instructors in pri vate cosmetology schools.
Referred to Committee on State and Local Governmental Operations (General).
SB 96. By Senators Lee of the 29th and Thompson of the 33rd:

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125

A bill to amend Code Section 19-7-49 of the Official Code of Georgia Anno tated, relating to paternity orders, so as to change the contents and effect of such orders; to provide for an effective date; to provide for applicability.
Referred to Committee on Judiciary.
SB 97. By Senator Brown of the 26th:
A bill to amend Article 4 of Chapter 6 of Title 53, The Revised Probate Code of 1998, of the Official Code of Georgia Annotated, relating to temporary admin istration, so as to change provisions relating to the appointment of a tempo rary administrator; to provide an effective date.
Referred to Committee on Judiciary.
SB 98. By Senators Hecht of the 34th, Dean of the 31st, Hooks of the 14th and others:
A bill to amend Code Section 48-5-306 of the Official Code of Georgia Anno tated, relating to notice of changes in taxpayer's return, so as to add provi sions relating to the contents of such notice.
Referred to Committee on Finance and Public Utilities.
SB 99. By Senators Broun of the 46th, Cagle of the 49th, Madden of the 47th and others:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Au thority, so as to expand the purposes for which the authority may expend in come and revenue.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 100. By Senator Madden of the 47th:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Anno tated, the "Georgia Pharmacy Practice Act," so as to change the provisions re lating to definitions; to change the provisions relating to powers of the State Board of Pharmacy; to change the provisions relating to eligibility of foreign pharmacy school or college graduates for certain licenses; to provide for inac tive licenses and license reactivation.
Referred to Committee on Health and Human Services.
SB 101. By Senators Madden of the 47th, Streat of the 19th and Jackson of the 50th:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Anno tated, relating to program weights under the Quality Basic Education Formula, so as to provide for the funding of school social workers to serve stu dents in grades two through five who are receiving remedial education ser vices; to provide for an effective date.
Referred to Committee on Education.
The following bills were read the first time and referred to committees:
HB 33. By Representatives Royal of the 164th and Buck of the 135th:

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A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Geor gia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to eliminate certain recording fees with respect to preferential or current use assessment of tangible real property devoted to agricultural use, bona fide conservation use property, and bona fide residential transitional property.
Referred to Committee on Finance and Public Utilities.
HB 56. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorpo rate provisions of federal law into Georgia law.
Referred to Committee on Finance and Public Utilities.
HB 135. By Representatives Smith of the 109th, Howard of the 118th, Bordeaux of the 151st and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to provide for cross appeals to the appellate division of the State Board of Workers' Compensation within 30 days of the notice of award by the administrative law judge; to authorize the board to review the status of a self-insured employer after the self-insured em ployer has been involved in a merger or acquisition.
Referred to Committee on Insurance and Labor.
HB 140. By Representatives Reichert of the 126th, Graves of the 125th, Jones of the 71st and Epps of the 131st:
A bill to amend Article 1 of Chapter 7 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the sale of distilled spirits by private clubs, so as to provide for Sunday sales of other alcoholic beverages in such clubs.
Referred to Committee on State and Local Governmental Operations (General).
HB 167. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Part 1 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of motor vehicles and mobile homes, so as to change certain provisions regarding the value of motor vehicles to be added to the tax digest.
Referred to Committee on Finance and Public Utilities.
HB 176. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Anno tated, relating to bona fide conservation use property, so as to change certain provisions regarding property ownership qualifications.
Referred to Committee on Finance and Public Utilities.
HB 238. By Representative Squires of the 78th:

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127

A bill to amend Code Section 21-2-170 of the Official Code of Georgia Anno tated, relating to nomination of candidates by petition, form of petition, limita tions as to circulation and amendment, and listing of such candidate on ballot, so as to provide that persons notarizing petitions for write-in candidacies may not also act as circulators of such petitions.
Referred to Committee on State and Local Governmental Operations (General).

HB 266. By Representatives DeLoach of the 172nd and Holmes of the 53rd:
A bill to amend Code Section 21-2-413 of the Official Code of Georgia Anno tated, relating to conduct of voters, campaigners, and others at polling places, so as to change the age of children who may accompany their parents into the enclosed space for voting and into the voting compartment or voting booth.
Referred to Committee on State and Local Governmental Operations (General).

HB 286. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A bill to amend an Act providing for the Joint County-Municipal Board of Re gistration and Elections for Dougherty County and the City of Albany, so as to provide for staggered terms of office for members of said joint board.
Referred to Committee on State and Local Governmental Operations.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 59. Do pass by substitute. SB 63. Do pass.

SB 82. Do pass.

Respectfully submitted,

Senator Kemp of the 3rd District, Chairman

Mr. President:

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

SB 41. Do pass. SB 42. Do pass.

SB 64. Do pass.

Respectfully submitted,

Senator Egan of the 40th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consid eration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 184. Do pass.
Respectfully submitted,

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Senator Thomas of the 10th District, Chairman

The following bill was read the second time: HB 145

Senator Kemp of the 3rd moved that Senator Blitch of the 7th be excused. On the mo tion, the yeas were 33, nays 0; the motion prevailed, and Senator Blitch was excused.

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

Balfour Bowen Broun, 46th Brown, 26th Brush Burton Butler
CC,, hroe,te.t,kss p Egan Fort Gillis Gingrey Golden Guhl Harbison

Hecht Hill Hooks Huggins
Jackson James Johnson,D
Johnson,E KLaedmd/p Lamutt Land Lee Madden Marable Meyer von Bremen Perdue Polak

Price,R Price.T Ragan Ray
Roberts Scott Smith
Starr SSttoep.khesens Streat Tanksley Tate Thomas,D Thomas.N Thompson Walker Williams

Not answering was Senator: Blitch (excused)

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Cheeks of the 23rd introduced the chaplain of the day, Dr. William F. Harrell, pastor of Abilene Baptist Church, Martinez, Georgia, who offered scripture reading and prayer.
Senator Perdue of the 18th recognized members of the 4-H Club, commended by SR 48, adopted previously.
Senator Perdue also introduced Trayvis Manuel, State 4-H Club President commended by SR 59, adopted previously, and recognized other 4-H winners commended by resolu tion, who were seated in the gallery.
Senator Cheeks of the 23rd introduced Eustache Cummings, commended by SR 62, adopted previously and Ms. Bonnie Manning, commended by SR 25, adopted previously.
Senator Gingrey of the 37th introduced Coach Charlie Hood, commended by SR 38, adopted previously.
The following resolutions were read and adopted:

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129

SR 92. By Senators Gillis of the 20th, Price of the 28th, Thomas of the 54th and others:
A resolution recognizing and commending Frank H. Herrington.

SR 93. By Senators Crotts of the 17th, Lamutt of the 21st, Johnson of the 1st and others:
A resolution commending the Atlanta Falcons and Coach Dan Reeves.

SR 94. By Senators Crotts of the 17th, Lamutt of the 21st, Johnson of the 1st and others:
A resolution commending Rankin Smith.

SR 95. By Senators Madden of the 47th, Broun of the 46th, Ragan of the llth and Guhl of the 45th:
A resolution commending Dr. O. G. Daniel.

SR 96. By Senators Madden of the 47th, Cagle of the 49th, Broun of the 46th and others:
A resolution expressing regret at the passing of Kennon Loy Williams.

SR 97. By Senator Roberts of the 30th: A resolution commending Iris Elaine Deal.

SR 98. By Senator James of the 35th:
A resolution commending the firefighters of Georgia and observing the 27th annual Firefighters' Recognition Day.

The following local, uncontested bill of the House, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, February 2, 1999 TWELFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the leg islation.)

HB 184 Meyer von Bremen, 12th RANDOLPH COUNTY

A bill to amend an Act creating the Board of Commissioners of Ran dolph County, so as to change the compensation of the chairperson and other members of the board of commissioners.

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

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

Y Balfour EX Blitch
Bowen Y Broun, 46th
Brown, 26th

Y Brush Y Burton Y Butler Y Cable Y Cagle

Y Cheeks Y Crotts Y Dean Y Egan Y Fort

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Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson.D Y Johnson,E Y Kemp

Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts

Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas.D
Thomas,N Y Thompson Y Walker Y Williams

On the passage of the local bill, the yeas were 50, nays 0.
The bill on the Local Consent Calendar, having received the requisite constitutional ma jority, was passed.
The proper time having arrived to entertain the motion, Senator Johnson of the 1st moved that the following bill be engrossed:

SB 92. By Senator Johnson of the 1st:
A bill to amend Code Section 31-6-40 of the Official Code of Georgia Anno tated, relating to certificate of need required for offering health services, so as to provide for exemptions for certain mobile services; to provide for an effec tive date.
On the motion, a roll call was taken, and the vote was as follows:

Y Balfour EX Blitch
Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle
Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Tu0w0 Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

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131

On the motion, the yeas were 51, nays 0; the motion prevailed, and SB 92 was engrossed.
The President referred SB 92 to the Senate Health and Human Services Committee.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:

HB 360. By Representatives Williams of the 114th, DeLoach of the 119th and Connell of the 115th:
A bill to amend an Act creating the Civil Court of Richmond County, so as to provide for the personnel of said court; to provide for the salary of the marshal of such court; to change from appointment to election of the marshal.

The following bill was read the first time and referred to committee:

HB 360. By Representatives Williams of the 114th, DeLoach of the 119th and Connell of the 115th:
A bill to amend an Act creating the Civil Court of Richmond County, so as to provide for the personnel of said court; to provide for the salary of the marshal of such court; to change from appointment to election of the marshal.
Referred to Committee on State and Local Governmental Operations.

NOTICE OF MOTION TO RECONSIDER: SB 16 Optometrists-scope of practice (H&HS-llth)

SENATE CALENDAR
Tuesday, February 2, 1999 TWELFTH LEGISLATIVE DAY

SB 6 Petition for Write-in Candidacy-circulation (Substitute) (SLGO-G-48th)

SB 10 Agricultural Products, Grain, Livestock Dealers, Etc.-bonds (AG-llth)

SB 19

Garnishment-filing of answers, behalf of corporate garnishees (Substitute)(B&FI-23rd)

SB 34 Southern Dairy Compact-enact (AG-llth)

SR 45

Baldwin, Bartow, DeKalb, Elbert, Floyd, Glascock Counties-property conveyance (F&PU-31st)

The following general bills were read the third time and put upon their passage:

SB 6. By Senators Ray of the 48th, Thomas of the 10th and Balfour of the 9th:
A bill to amend Code Section 21-2-170 of the Official Code of Georgia Anno tated, relating to nomination of candidates by petition, form of petition, limita tions as to circulation and amendment, and listing of such candidate on ballot, so as to provide that persons notarizing petitions for write-in candidacies may not also act as circulators of such petitions; and for other purposes.

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The Senate State and Local Governmental Operations Committee offered the following substitute to SB 6:
A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relat ing to elections, so as to provide for the disqualification and rejection of nomination and recall petitions and of petitions for paupers' affidavits and applications for recall peti tions which have been notarized and circulated or signed as an elector by the same no tary public; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (g) of Code Section 21-2-132, relating to qualifying petitions regard ing paupers' affidavits, and inserting in lieu thereof a new subsection to read as follows:
"(g) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 un less such candidate has filed a qualifying petition which complies with the following requirements:
(1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be regis tered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the sign ers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly con stituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected;
(2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next elec tion for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipal ity, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation;
(3) A qualifying petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be sup-

TUESDAY, FEBRUARY 2, 1999

133

ported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are in tended to constitute one qualifying petition, and each sheet shall be numbered con secutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, set= ting which affidavit must be subscribed and sworn to by such circulator before a no tary public and shall set forth:
(A) His or her residence address, giving municipality with street and number, if any;
(B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition;
(C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and
(D) That, to the best of the affiant's knowledge and belief, the signers are regis tered electors of the state qualified to sign the petition, that their respective resi dences are correctly stated in the petition, and that they all reside in the county named in the affidavit;
(4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and
(5) A qualifying petition shall not be amended or supplemented after its presenta tion to the appropriate officer for filing.
No notary public may sign the petition as an elector or serve as a circulator of any pe tition which he or she notarized. Any and all sheets of a petition that have the circu lator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the petition or who signed one of the sheets of the petition as an elec tor shall be disqualified and rejected."
SECTION 2.
Said title is further amended by striking subsection (d) of Code Section 21-2-170, relat ing to nominating petitions, and inserting in lieu thereof a new subsection to read as follows:
"(d) A nomination petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties or municipalities. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the can didate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the of fice he or she is seeking, his or her political body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one nomination petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bot-

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torn or back thereof the affidavit of the circulator of such sheet, setting which affidavit must be subscribed and sworn to by such circulator before a notary public and shall set forth:

(1) His or her residence address, giving municipality with street and number, if any;

(2) That each signer manually signed his or her own name with full knowledge of the contents of the nomination petition;

(3) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and

(4) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county or munici pality named in the affidavit.

No notary public may sign the petition as an elector or serve as a circulator of any pe tition which he or she notarized. Any and all sheets of a petition that have the circu lator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the petition or who signed one of the sheets of the petition as an elec tor shall be disqualified and rejected."

SECTION 3.

Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 21-4-5, relating to application for recall petitions, and inserting in lieu thereof a new paragraph to read as follows:

"(b)(l) The application shall include:

(A) The name and office of the person sought to be recalled;

(B) The printed names and signatures of the official sponsors, the date signed, residence addresses, and the name of the county of residence;

(C) The designation of one of the sponsors as the petition chairperson who shall represent the sponsors on all matters pertaining to the recall application and petition;

(D) A statement that: __________ (name and office) has, while holding public office, conducted himself or herself in a manner which relates to and adversely af fects the administration of his or her office and adversely affects the rights and interests of the public and stating the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3 with a brief statement of the fact or facts upon which the ground or grounds are based. Such statement shall be typed, printed, or reproduced by the election superintendent on the face of each application issued; and

(E)(i) An affidavit by the petition chairperson and the person circulating such recall application that each person sponsoring or signing such recall application is an elector of the electoral district of the officer sought to be recalled and that the fact or facts upon which the ground or grounds for recall are based are true.

(ii) The affidavit required by division (i) of this subparagraph shall be in the fol lowing form:

AFFIDAVIT OF CIRCULATOR AND PETITION CHAIRPERSON

State of Georgia

County of ____

TUESDAY, FEBRUARY 2, 1999

135

Under the penalty of a violation of Code Section 16-10-71 of the Official Code of Georgia Annotated, relating to false swearing, punishable by a fine not to exceed $1,000.00 or by imprisonment of not less than one nor more than five years, or both, we the undersigned do depose and say that each person spon soring or signing the recall application of ________ is an elector of the electoral district of the officer sought to be recalled and further depose and say that the fact or facts upon which the ground or grounds for recall are based are true.

(Signature of circulator)

(Residence address) (Number and street or route)

(City)

(Signature of petition chairperson)

(Residence address) (Number and street or route)

Subscribed and sworn to before me this ____ day of _________, 19_.

(City)

Notary public ___, Georgia
My commission expires on the ____ day of _________, 19_.
No notary public may sign the application as an elector or serve as a circulator of any application which he or she notarized. Any and all sheets of an application for a re call petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the application for a recall petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected."
SECTION 4.
Said title is further amended by striking subsection (b) of Code Section 21-4-8, relating to recall petitions, and inserting in lieu thereof a new subsection to read as follows:
"(b) Every elector signing a recall petition shall do so in the presence of the person circulating the petition, who is to execute the affidavit of verification on the reverse side of the petition form. At the time of signing, the elector shall sign his name, and such elector or the person circulating the petition shall print the name of the elector below the elector's signature and shall print or write in the appropriate spaces follow ing the signature the elector's residence address, giving number and street or route and city, the name of the county, and the date on which the elector signed the peti tion. No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a recall petition that

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have the circulator's affidavit notarized by a notary public who also served as a circu lator of one or more sheets of the recall petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected."

SECTION 5.

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

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

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

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

Y Balfour EX Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price.R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

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

SB 10. By Senator Ragan of the llth:

A bill to amend Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, and Ar ticle 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the provisions relating to the bonds of dealers in agricultural products, grain dealers, live stock market operators, livestock dealers, livestock brokers, and warehousemen.

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 Balfour EX Blitch

Y Bowen Y Broun, 46th

Y Brown, 26th Y Brush

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137

Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks

Y Muggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T

Ragan Y Ray Y Roberts
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 19. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to amend Chapter 4 of Title 18 of the Official Code of Georgia Anno tated, relating to garnishment proceedings, so as to provide that the filing of certain answers on behalf of corporate garnishees shall not constitute the practice of law and may be done by corporate officers or employees; to provide that delivery to the court of money or property admitted to be subject to gar nishment may likewise be accomplished through a corporate officer or employee.
The Senate Banking and Financial Institutions Committee offered the following substi tute to SB 19:
A BILL
To be entitled an Act to amend Chapter 4 of Title 18 of the Official Code of Georgia An notated, relating to garnishment proceedings, so as to provide that the filing of certain answers on behalf of corporate garnishees shall not constitute the practice of law and may be done by corporate officers or employees; to provide that delivery to the court of money or property admitted to be subject to garnishment may likewise be accomplished through a corporate officer or employee; to provide that such garnishments shall cover property acquired by the garnishee from the time of service to the time all debts to the plaintiff are satisfied; to provide for related matters; to provide an effective date; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, is amended by adding at the end of Article 1, relating to garnishment in general, a new Code Section 18-4-8 to read as follows:
"18-4-8.

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When proceedings are filed under any provision of this chapter involving a corporation as garnishee, the execution and filing of an answer shall not constitute the practice of law and may be done by an officer or employee of the corporation otherwise authorized to act for the corporation. The corporation's payment into court of any money or property or money and property which is admitted to be subject to garnishment like wise shall not constitute the practice of law and may also be done by an authorized of ficer or employee of the corporation."
SECTION 2.
Said chapter is further amended in Code Section 18-4-66, relating to forms for postjudgment garnishment, by striking from paragraph (4) the language below the signature line in the form for answer of garnishee, which language reads as follows:
"Garnishee or his attorney at law",
and inserting in its place the following new language:
"Garnishee, garnishee's attorney, or officer or agent of a corporate garnishee."
SECTION 3.
Said chapter is further amended by striking in its entirety Code Section 18-4-111, relat ing to property, money, or effects subject to continuing garnishment, and inserting in lieu thereof the following:
"18-4-111.
(a) All debts owed by the garnishee to the defendant at the time of service of sum mons of continuing garnishment upon the garnishee and all debts accruing from the garnishee to the defendant from such date of service lu and including Hie uuu bundled Beveiily-uiiilh day Lheieaflei until all such debts are fully satisfied shall be subject to process of continuing garnishment; and no payment made by the garnishee to the defendant or to his or her order or by any arrangement between the defendant and the garnishee after the date of the service of the summons of continuing garnishment upon the garnishee shall defeat the lien of such garnishment.
(b) All property, money, or effects of the defendant in the possession or control of the garnishee at the time of service of the summons of continuing garnishment upon the garnishee or coming into the possession or control of the garnishee at any time from the date of such service Lu and including thu uiie handled sevuiity-uiuth day thereafter until all such debts are fully satisfied shall be subject to process of continuing garnish ment, except in the case of collateral securities in the hands of a creditor. Such securi ties shall not be subject to continuing garnishment so long as there is an amount owed on the debt for which such securities were given as collateral.
(c) Notwithstanding this Code section, the exemptions from garnishment required or allowed by law, including, but not limited to, exemptions provided by Code Sections 18-4-20 and 18-4-22, shall be applicable to a continuing garnishment."
SECTION 4.
Said chapter is further amended by striking in its entirety subsection (c) of Code Section 18-4-112, relating to filing and contents of affidavit for continuing garnishment, issuance of summons of continuing garnishment generally, and notice and service of summons, and inserting in lieu thereof the following:

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"(c) The plaintiff, using either forms provided by the court or forms prepared by him self or herself, shall cause forms sufficient for seven answers to a summons of continu ing garnishment to be served on the garnishee along with the summons. The garnishee shall be responsible for providing forms for additional answers."

SECTION 5.

Said chapter is further amended in Code Section 18-4-118, relating to forms for continu ing garnishment, by striking from paragraph (3) the language below the signature line in the form for answer of garnishee, which language reads as follows:

"Garnishee or his attorney at law",

and inserting in its place the following new language:

"Garnishee, garnishee's attorney, or officer or agent of a corporate garnishee."

SECTION 6.

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

SECTION 7.

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

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

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

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

Y Balfour EX Blitch Y Bowen
Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

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

SB 34. By Senators Ragan of the llth, Marable of the 52nd, Hill of the 4th and others:

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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.

Senator Gillis of the 20th moved the previous question. On the motion, the yeas were 35, nays 2; the motion prevailed, and the previous question was ordered.

Senator Johnson of the 1st moved that Senator Tanksley of the 32nd be excused. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Tanksley was excused.

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

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

N Balfour EX Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks N Crotts Y Dean Y Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp N Ladd N Lamutt N Land
Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan N Ray Y Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat EX Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 44, nays 9. The bill, having received the requisite constitutional majority, was passed.

SR 45. By Senators Dean of the 31st, Marable of the 52nd, Madden of the 47th and others:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance of certain state owned real property located in DeKalb County, Georgia; authorizing the conveyance of certain state owned real property lo cated in Elbert County, Georgia; authorizing the conveyance of certain state owned real property located in Floyd County, Georgia; authorizing the convey ance of certain state owned real property located in Glascock County, Georgia.

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141

Senator Dean of the 31st moved that SR 45 be dropped to the foot of the Calendar.
On the motion, the yeas were 31, nays 0; the motion, prevailed and SR 45 was placed at the foot of the Calendar.

SB 16. By Senators Ragan of the llth, Walker of the 22nd, Hooks of the 14th and others:

A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Anno tated, relating to optometrists, so as to change the provisions regarding scope of practice and providing samples.

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

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

N Balfour EX Blitch Y Bowen N Broun, 46th N Brown, 26th N Brush Y Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey N Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D N Johnson,E Y Kemp N Ladd N Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen N Perdue N Polak

Y Price,R N Price,T Y Ragan N Ray N Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes N Streat EX Tanksley Y Tate N Thomas.D Y Thomas,N Y Thompson Y Walker N Williams

On the passage of the bill, the yeas were 30, nays 24. The bill, having received the requisite constitutional majority, was passed.

SR 45. By Senators Dean of the 31st, Marable of the 52nd, Madden of the 47th and others:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance of certain state owned real property located in DeKalb County, Georgia; authorizing the conveyance of certain state owned real property lo cated in Elbert County, Georgia; authorizing the conveyance of certain state owned real property located in Floyd County, Georgia; authorizing the convey ance of certain state owned real property located in Glascock County, Georgia.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

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Y Balfour EX Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat EX Tanksley Y Tate Y Thomas,D Y Thomas,N
Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
Senator Brown of the 26th introduced the doctor of the day, Dr. E. Wynn Kallay II of Macon, Georgia. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow; the motion prevailed, and at 12:03 p.m., the President announced the Senate adjourned.

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143

Senate Chamber, Atlanta, Georgia Wednesday, February 3, 1999 Thirteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Muggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 332. By Representatives Clark of the 3rd and Snow of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.
HB 336. By Representatives Howard of the 118th, Williams of the 114th, Alien of the 117th and others:
A bill to provide for the mandatory attendance at meetings by any and all ap pointed members of any and all committees, authorities, commissions, boards, or other bodies created to serve only the people of Augusta-Richmond County, Georgia.
HB 350. By Representatives Stephens of the 150th, Day of the 153rd, Mueller of the 152nd and others:
A bill to provide for a homestead exemption from certain Chatham County ad valorem taxes, Chatham County and City of Savannah School District ad valorem taxes for special district purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately pre ceding the taxable year in which that exemption is first granted to a resident of Chatham County.
HB 215. By Representative Barnard of the 154th:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Geor gia Annotated, relating to habeas corpus procedures for persons under sen tence of state courts of record, so as to remove provisions relating to state funding for a habeas corpus clerk for certain judicial circuits.
HB 185. By Representatives Hanner of the 159th, Royal of the 164th and Rogers of the 20th:
A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Anno tated, the "Georgia Underground Storage Tank Act," so as to provide addi tional powers of the director of the Environmental Protection Division of the Department of Natural Resources; to provide for the repayment of certain funds paid into the Underground Storage Tank Trust Fund.

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The following bills were introduced, read the first time and referred to committees:
SB 102. By Senators Stokes of the 43rd, Jackson of the 50th and Butler of the 55th:
A bill to amend Chapter 2 of Title 49 of the Official Code of Georgia Anno tated, relating to the Department of Human Resources, so as to authorize the Department of Human Resources to receive conviction data concerning the adult persons residing in foster and adoptive homes in which it may place children who are in its custody; to provide for the privileged nature of such data and the use of such data.
Referred to Committee on Health and Human Services.
SB 103. By Senator Polak of the 42nd:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Geor gia Annotated, relating to general provisions relative to juries, so as to provide that in counties with a population exceeding 400,000 expense allowances for jurors shall not exceed $50.00 per diem.
Referred to Committee on Judiciary.
SB 104. By Senator Polak of the 42nd:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Anno tated, relating to suspension or revocation of licenses of habitually negligent or dangerous drivers and the point system used to identify such drivers, so as to change certain provisions relating to points assessed for violation of child safety restraint requirements.
Referred to Committee on Public Safety.
SB 105. By Senator Kemp of the 3rd:
A bill to amend Code Section 42-1-12 of the Official Code of Georgia Anno tated, relating to the state sexual offender registry, so as to change definitions; to provide for registration of any Georgia resident convicted under the laws of another state or territory, the United States, or the Uniform Code of Military Justice of a sexually violent offense or a criminal offense against a victim who is a minor.
Referred to Committee on Judiciary.
SB 106. By Senators Land of the 16th and Harbison of the 15th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties and municipal cor porations, so as to change certain provisions relating to multiyear lease, purchase, or lease purchase contracts; to provide an effective date.
Referred to Committee on Banking and Financial Institutions.
SB 107. By Senator Golden of the 8th:
A bill to amend Article 5 of Chapter 8 of Title 34 of the Official Code of Geor gia Annotated, relating to contributions and payments in lieu of contributions under the "Employment Security Law," so as to change the provisions relating to rate of employer contributions; to change the provisions relating to the State-wide Reserve Ratio.
Referred to Committee on Insurance and Labor.

WEDNESDAY, FEBRUARY 3, 1999

145

SB 108. By Senator Streat of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Geor gia Annotated, relating to the Georgia State Patrol, so as to provide that under certain conditions members of the Uniform Division of the Department of Public Safety may use a department motor vehicle while working an ap proved off-duty job; to provide for such conditions; to provide an effective date.
Referred to Committee on Public Safety.
SB 109. By Senators Walker of the 22nd, Starr of the 44th and Hecht of the 34th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 34 and 44; to provide for related mat ters; to provide for an effective date.
Referred to Committee on Reapportionment.
SB 110. By Senators Walker of the 22nd, Tate of the 38th, Jackson of the 50th and Smith of the 25th:
A bill to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Geor gia Annotated, known as the "Temporary Assistance for Needy Families Act," so as to change the provision relating to eligibility for assistance for qualified aliens.
Referred to Committee on Health and Human Services.
SB 111. By Senators Hecht of the 34th, Meyer von Bremen of the 12th and Starr of the 44th:
A bill to amend Code Section 35-6A-4 of the Official Code of Georgia Anno tated, relating to the election of chairman and vice-chairman and meetings of the Criminal Justice Coordinating Council, so as to authorize the Criminal Justice Coordinating Council to transact and carry out through appointed com mittees the business of the council when serving pursuant to Chapter 15 of Ti tle 17 as the Georgia Crime Victims Compensation Board.
Referred to Committee on Public Safety.
SR 100. By Senators Thomas of the 10th, Fort of the 39th and Hecht of the 34th:
A resolution encouraging all state departments, agencies, authorities, commis sions, and community service boards to facilitate a format of communication and discussion with representatives of such state employee organizations and associations as are described in Code Section 45-7-54 of the Official Code of Georgia Annotated.
Referred to Committee on State and Local Governmental Operations (General).
SR 101. By Senator Dean of the 31st:
A resolution consenting to the annexation of certain state owned real property located in Polk County into the corporate limits of the City of Rockmart; to provide an effective date.
Referred to Committee on Finance and Public Utilities.
The following bills were read the first time and referred to committees:

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HB 185. By Representatives Hanner of the 159th and Royal of the 164th:
A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Anno tated, the "Georgia Underground Storage Tank Act," so as to provide addi tional powers of the director of the Environmental Protection Division of the Department of Natural Resources; to provide for the repayment of certain funds paid into the Underground Storage Tank Trust Fund.
Referred to Committee on Natural Resources.
HB 215. By Representative Barnard of the 154th:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Geor gia Annotated, relating to habeas corpus procedures for persons under sen tence of state courts of record, so as to remove provisions relating to state funding for a habeas corpus clerk for certain judicial circuits.
Referred to Committee on Judiciary.
HB 332. By Representatives Clark of the 3rd and Snow of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.
Referred to Committee on State and Local Governmental Operations.
HB 336. By Representatives Howard of the 118th, Williams of the 114th, Alien of the 117th and others:
A bill to provide for the mandatory attendance at meetings by any and all ap pointed members of any and all committees, authorities, commissions, boards, or other bodies created to serve only the people of Augusta-Richmond County, Georgia.
Referred to Committee on State and Local Governmental Operations.
HB 350. By Representatives Stephens of the 150th, Day of the 153rd, Mueller of the 152nd and Jackson of the 148th:
A bill to provide for a homestead exemption from certain Chatham County ad valorem taxes, Chatham County and City of Savannah School District ad valorem taxes for special district purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately pre ceding the taxable year in which that exemption is first granted to a resident of Chatham County.
Referred to Committee on State and Local Governmental Operations.
The following committee reports were read by the Secretary:
Mr. President:
The Committee on Corrections, Correctional Institutions and Property has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 9. Do pass.
Respectfully submitted,
Senator Johnson of the 2nd District, Chairman

WEDNESDAY, FEBRUARY 3, 1999

147

Mr. President:

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

SB 83. Do pass as amended.

HB 158. Do pass as amended.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 28. Do pass by substitute.

SB 37. Do pass by substitute.

Respectfully submitted,

Senator Madden of the 47th District, Chairman

Mr. President:
The Committee on Public Safety has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 189. Do pass by substitute.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consid eration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 196. Do pass.
Respectfully submitted,
Senator Thomas of the 10th District, Chairman

Mr. President:

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

SB 47. Do pass. SB 57. Do pass by substitute.

SR 22. Do pass. SR 31. Do pass.

Respectfully submitted,

Senator Streat of the 19th District, Chairman

The following bills were read the second time:

SB 41

SB 42

SB 59

SB 63

SB 64

SB 82

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Senator Dean of the 31st moved that Senator Marable of the 52nd be excused. On the motion, the yeas were 45, nays 0; the motion prevailed, and Senator Marable was excused.

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

Balfour Blitch Bowen Broun, 46th Brown, 26th Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Guhl

Harbison Hecht Hill Hooks Huggins James Johnson,D Johnson,E Kemp Ladd Lamutt Land Lee Madden Meyer von Bremen Perdue Polak

Price.R Price.T Ragan Ray Roberts Scott Smith Starr Stephens Stokes Streat Tanksley Tate Thomas,D Thomas.N Walker Williams

Those not answering were:

Golden Jackson

Marable (excused)

Thompson

The following communication was filed with the Secretary:
February 3, 1999 Honorable Mr. Secretary, please accept the following affidavit: I, Carol Jackson, Senator from the 50th District, hereby respectfully swear or affirm that I was present and in attendance on February 3, 1999 at 10:00 a.m. in the Senate Chamber. I was however, in a brief conference with a fellow Senator concerning pending legislation and failed to answer roll call.
Respectfully submitted /s/ Carol Jackson
The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Smith of the 25th introduced the chaplain of the day, Pastor Sam Foskey, pastor of Blacksprings Baptist Church, Milledgeville, Georgia, who offered scripture reading and prayer.
Senator Lee of the 29th moved that Senator Hecht of the 34th be excused. On the mo tion, the yeas were 39, nays 0; the motion prevailed, and Senator Hecht was excused.

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149

The following resolutions were read and adopted:

SR 99. By Senator Streat of the 19th:
A resolution commending the 1998 Irwin County High School Lady Indians Softball Team.

SR 102. By Senator Dean of the 31st:
A resolution commending the 13-year-old Dizzy Dean baseball team of Paulding County.

SR 103. By Senators Hecht of the 34th and Starr of the 44th:
A resolution commending Jonesboro Masonic Lodge No. 87 on its 150th anniversary.

SR 104. By Senators Tate of the 38th, James of the 35th, Johnson of the 2nd and others:
A resolution recognizing Alpha Kappa Alpha Sorority, Inc.

SR 105. By Senator Perdue of the 18th:
A resolution recognizing and commending the Southeastern Theatre Conference.

SR 106. By Senators James of the 35th and Johnson of the 2nd: A resolution honoring the Reverend Jesse L. Jackson, Sr.

SR 107. By Senators James of the 35th and Johnson of the 2nd:
A resolution commending the Atlanta Falcons for winning the NFC Champion ship and securing a coveted spot in Super Bowl XXXIII.

The following local, uncontested bill of the House, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, February 3, 1999 THIRTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the leg islation.)

HB 196 Price, 28th COWETA COUNTY

A bill to amend an Act creating the State Court of Coweta County, so as to change the provisions relating to the clerk of the state court and other personnel of the court.

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

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

Balfour Y Blitch Y Bowen

Y Broun, 46th Y Brown, 26th
Brush

Y Burton Y Butler Y Cable

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Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison EX Hecht Y Hill Y Hooks Y Huggins Y Jackson

Y James Y Johnson,D Y Johnson,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y Madden EX Marable Y Meyer von Bremen Y Perdue
Polak Y Price,R Y Price,T Y Ragan

Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D
Thomas,N Y Thompson Y Walker Y Williams

On the passage of the local bill, the yeas were 49, nays 0.
The bill on the Local Consent Calendar, having received the requisite constitutional ma jority, was passed.

SENATE CALENDAR
Wednesday, February 3, 1999 THIRTEENTH LEGISLATIVE DAY

HB 145

Supplemental appropriations; FY 1998-99 (Approp-14th) Coleman142nd

The following general bill was read the third time and put upon its passage:

HB 145. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and others:

A bill to provide supplementary appropriations for the State Fiscal Year end ing June 30, 1999, in addition to any other appropriation heretofore or hereaf ter made for the operation of state government and the purposes provided for herein.

Senate Sponsor: Senator Hooks of the 14th.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th
Brush Y Burton Y Butler Y Cable Y Cagle

Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison

EX Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd

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151

Y Lamutt Y Land Y Lee Y Madden EX Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R

Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes

Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Stokes of the 43rd introduced the doctor of the day, Dr. Sheila Robinson of At lanta, Georgia.
Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow; the motion prevailed, and at 10:38 a.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Thursday, February 4, 1999 Fourteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterdays proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 378. By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to create the Dublin-Laurens County Recreation Authority.
HB 148. By Representatives Lane of the 146th, Martin of the 145th, Purcell of the 147th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Cotton Producers Indemnity Fund of 1999.
HB 73. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A bill to amend Article 1 of Chapter 45 of Title 36 of the Official Code of Geor gia Annotated, relating to general provisions concerning municipal training, so as to change the terms of office of members appointed to the board of the Har old F. Holtz Municipal Training Institute.
HB 121. By Representative Barnard of the 154th:
A bill to amend Chapter 32 of Title 33 of the Official Code of Georgia Anno tated, relating to property insurance, so as to provide for available length of terms under certain crop insurance policies providing certain coverage for to bacco crops grown in this state.
HB 112. By Representative Floyd of the 138th:
A bill to amend Code Section 12-6-61 of the Official Code of Georgia Anno tated, relating to prohibited acts relative to the conduct of forestry practices, so as to provide that such Code section shall not prohibit a person from con ducting forestry practices on land he or she owns in fee simple.
HB 68. By Representatives Birdsorig of the 123rd, Porter of the 143rd, Jamieson of the 22nd and others:

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153

A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, known as the "Quality Basic Education Act," so as to provide for instructional activity relating to the Presidents of the United States on President's Day of each year; to provide for instructional activity relating to Veterans Day.
HB 94. By Representative Williams of the 114th:
A bill to amend Chapter 43 of Title 33 of the Official Code of Georgia Anno tated, relating to medicare supplement insurance, so as to define certain terms; to change certain provisions relating to applicability of chapter.
HB 265. By Representatives Watson of the 70th, Davis of the 60th, Walker of the 141st and others:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Geor gia Annotated, relating to assault and battery, so as to provide that any per son who commits the offense of simple assault, simple battery, or battery against a sports official while such sports official is officiating an amateur con test or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon con viction thereof, be punished for a misdemeanor of a high and aggravated nature.
HB 149. By Representatives Porter of the 143rd, Ray of the 128th, Floyd of the 138th and others:
A bill to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds, so as to provide for legislative findings and intent; to define certain terms; to provide for lowwealth capital outlay grants to be made by the State Board of Education to lo cal school systems.
HB 38. By Representatives Porter of the 143rd and Jamieson of the 22nd:
A bill to amend Code Section 20-2-160 of the Official Code of Georgia Anno tated, relating to student program counts, so as to change the provisions re garding program counts for students in the program established in Code Sec tion 20-2-161.1.
The following bills were introduced, read the first time and referred to committees:
SB 112. By Senators Brush of the 24th, Cheeks of the 23rd and Price of the 56th:
A bill to amend Code Section 20-2-306 of the Official Code of Georgia Anno tated, relating to the student honors program, so as to include home study programs within its provisions.
Referred to Committee on Education.
SB 113. By Senators Starr of the 44th, Walker of the 22nd, Kemp of the 3rd and others:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Geor gia Annotated, relating to the crimes of assault and battery, so as to provide for the "Crimes Against Family Members Act of 1999"; to provide enhanced penalties for the commission of offenses of simple assault, aggravated assault, simple battery, and aggravated battery against persons in a domestic context.

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JOURNAL OF THE SENATE

Referred to Committee on Judiciary.
SB 114. By Senator Johnson of the 1st:
A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and vessels, so as to define certain terms; to provide that a certificate of title shall be required for certain vessels principally used in this state; to provide for exemptions; to provide that boat liveries shall not rent, lease, or charter boats without obtaining a certificate of title.
Referred to Committee on Transportation.
SB 115. By Senators Ragan of the llth, Meyer von Bremen of the 12th and Williams of the 6th:
A bill to amend Chapter 12 of Title 42 of the Official Code of Georgia Anno tated, known as the "Prison Litigation Reform Act of 1996," so as to provide for payment from a prisoner's inmate account for costs and fees associated with the filing of a petition for writ of habeas corpus by a prisoner.
Referred to Committee on Judiciary.
SB 116. By Senator Price of the 56th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to general provisions regarding insurance generally, so as to provide for time limits for payment of claims under certain health bene fit plans and provide for sanctions.
Referred to Committee on Insurance and Labor.
SB 117. By Senator Crotts of the 17th:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Towaliga Judicial Circuit, to be composed of the Counties of Butts, Lamar, and Monroe; to provide for the continuation of the Flint Judicial Circuit to be composed solely of Henry County; to provide for judges of the superior court and a district attorney and for the transfer of proceedings to such circuit.
Referred to Committee on Judiciary.
SB 118. By Senators Crotts of the 17th, Bowen of the 13th, Ray of the 48th and others:
A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Geor gia Annotated, relating to the Georgia Crime Information Center, so as to rat ify the National Crime Prevention and Privacy Compact established by Section 217 of the National Crime Prevention and Privacy Compact Act of 1998 con tained in federal Public Law 92-544; to define certain terms.
Referred to Committee on Judiciary.
SB 119. By Senator Perdue of the 18th:
A bill to amend Code Section 34-8-194 of the Official Code of Georgia Anno tated, relating to grounds for disqualification for benefits under the "Employ ment Security Law," so as to change the provisions relating to the receipt of severance pay; to provide for an effective date and applicability.
Referred to Committee on Insurance and Labor.

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155

SR 108. By Senators Hill of the 4th and Gillis of the 20th:
A resolution designating a portion of State Route 147 in Tattnall County as the R. P. Balkcom, Jr., Memorial Highway.
Referred to Committee on Transportation.
SR 109. By Senators Hill of the 4th and Kemp of the 3rd:
A resolution redesignating a portion of State Route 57 in Tattnall County as the Romie Waters Highway.
Referred to Committee on Transportation.
SR 110. By Senators Johnson of the 1st, Williams of the 6th and Lamutt of the 21st:
A resolution proposing an amendment to the Constitution so as to authorize, upon approval in a local referendum, the freezing of existing residential real property values until such property is sold; to provide that following such sale residential real property and interests therein shall be appraised for ad valorem taxation purposes at their fair market value as of the date of the owner's acquisition thereof; to provide for valuation increases; to provide for conditions and limitations; to provide for authority of the General Assembly with respect to the foregoing; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Finance and Public Utilities.
The following bills were read the first time and referred to committees:
HB 38. By Representatives Porter of the 143rd and Jamieson of the 22nd:
A bill to amend Code Section 20-2-160 of the Official Code of Georgia Anno tated, relating to student program counts, so as to change the provisions re garding program counts for students in the program established in Code Sec tion 20-2-161.1.
Referred to Committee on Education.
HB 68. By Representatives Birdsong of the 123rd, Porter of the 143rd, Jamieson of the 22nd and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, known as the "Quality Basic Education Act," so as to provide for instructional activity relating to the Presidents of the United States on President's Day of each year; to provide for instructional activity relating to Veterans Day.
Referred to Committee on Education.
HB 73. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A bill to amend Article 1 of Chapter 45 of Title 36 of the Official Code of Geor gia Annotated, relating to general provisions concerning municipal training, so as to change the terms of office of members appointed to the board of the Har old F. Holtz Municipal Training Institute.
Referred to Committee on Higher Education.
HB 94. By Representative Williams of the 114th:

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JOURNAL OF THE SENATE

A bill to amend Chapter 43 of Title 33 of the Official Code of Georgia Anno tated, relating to medicare supplement insurance, so as to define certain terms; to change certain provisions relating to applicability of chapter.
Referred to Committee on Insurance and Labor.
HB 112. By Representative Floyd of the 138th:
A bill to amend Code Section 12-6-61 of the Official Code of Georgia Anno tated, relating to prohibited acts relative to the conduct of forestry practices, so as to provide that such Code section shall not prohibit a person from con ducting forestry practices on land he or she owns in fee simple.
Referred to Committee on Natural Resources.
HB 121. By Representative Barnard of the 154th:
A bill to amend Chapter 32 of Title 33 of the Official Code of Georgia Anno tated, relating to property insurance, so as to provide for available length of terms under certain crop insurance policies providing certain coverage for to bacco crops grown in this state.
Referred to Committee on Agriculture.
HB 148. By Representatives Lane of the 146th, Martin of the 145th, Purcell of the 147th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Cotton Producers Indemnity Fund of 1999.
Referred to Committee on Agriculture.
HB 149. By Representatives Porter of the 143rd and Ray of the 128th:
A bill to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds, so as to provide for legislative findings and intent; to define certain terms; to provide for lowwealth capital outlay grants to be made by the State Board of Education to lo cal school systems.
Referred to Committee on Appropriations.
HB 265. By Representatives Watson of the 70th, Davis of the 60th, Walker of the 141st and others:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Geor gia Annotated, relating to assault and battery, so as to provide that any per son who commits the offense of simple assault, simple battery, or battery against a sports official while such sports official is officiating an amateur con test or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon con viction thereof, be punished for a misdemeanor of a high and aggravated nature.
Referred to Committee on Special Judiciary.
HB 378. By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to create the Dublin-Laurens County Recreation Authority.
Referred to Committee on State and Local Governmental Operations.

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157

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 17. Do pass by substitute.

SB 76. Do pass.

Respectfully submitted,

Senator Broun of the 46th District, Chairman

Mr. President:

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

SB 66. Do pass by substitute.

SR 88. Do pass.

Respectfully submitted,

Senator Stokes of the 43rd District, Chairman

Mr. President: The Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 56. Do pass. Respectfully submitted,
Senator Kemp of the 3rd District, Chairman

Mr. President: The Committee on Natural Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 30. Do pass by substitute. Respectfully submitted,
Senator Gillis of the 20th District, Chairman

The following bills and resolutions were read the second time:

SB 9 SR 22

SB 28 SR 31

SB 37 HB 158

SB 47 HB 189

SB 57

SB 83

Senator Dean of the 31st moved that Senator Marable of the 52nd be excused. On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Marable was excused.

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

Balfour Blitch Bowen

Broun, 46th Brown, 26th Brush

Burton Butler Cable

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Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden Guhl Harbison Hecht Hill Hooks Huggins

Jackson James Johnson,D Johnson,E Kemp Ladd Lamutt Land Lee Madden Meyer von Bremen Perdue Polak Price,R Price,T

Those not answering were:

Marable (excused)

Thomas.N

Ragan Ray Roberts Scott Smith Starr Stephens Stokes Streat Tanksley Tate Thomas.D Thompson Walker Williams

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Egan of the 40th introduced the chaplain of the day, Monsignor Donald Kiernan, of All Saints Catholic Church, Dunwoody, Georgia, who offered scripture reading and prayer.
Senator Scott of the 36th introduced the doctor of the day, Dr. John Gamwell of Atlanta, Georgia.
Senator James of the 35th introduced Reverend Jesse Jackson, commended by SR 106, adopted previously, who addressed the Senate extemporaneously.
Senator Tanksley of the 32nd moved that Senator Thompson of the 33rd be excused. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Thompson was excused.
Senator Brush of the 24th moved that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate Public Safety Committee:
SB 73. By Senators Brush of the 24th and Bowen of the 13th:
A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Geor gia Annotated, relating to general provisions applicable to magistrate courts, so as to provide jurisdiction of magistrate courts in cases in which a person is charged with a misdemeanor under Code Section 25-2-38, relating to violations under Chapter 2 of Title 25 or failing or refusing to comply with any regula tion promulgated under said chapter.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 73 was commit ted to the Senate Public Safety Committee.
Senator Huggins of the 53rd moved that the following bill be withdrawn from the Sen ate Education Committee and committed to the Senate Public Safety Committee:

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159

SB 51. By Senators Huggins of the 53rd, Hooks of the 14th, Gillis of the 20th and others:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to loitering at or disrupting schools, so as to change the provisions relating to school safety plans; to provide that school safety plans shall also address preparedness for natural disasters, hazardous materi als or radiological accidents, acts of violence, and acts of terrorism.
On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 51 was commit ted to the Senate Public Safety Committee.

SENATE CALENDAR
Thursday, February 4, 1999 FOURTEENTH LEGISLATIVE DAY

SB 41

Limited Liability Companies-members not entitled to payment after dissociation (S Judy-40th)

SB 42

Limited Partnership-certificate after election becomes effective (S Judy40th)

SB 59

Court of Appeals Judges-quorum, election, terms (Substitute) (Judy32nd)

SB 63 Shoplifting-jurisdictional amount, cases of $100 or less (Judy-3rd)

SB 64 Eye Banks-definitions, entities which may establish (S Judy-40th)

SB 82 Magistrate Courts-monetary jurisdiction of civil claims (Judy-3rd)

The following general bills were read the third time and put upon their passage:

SB 41. By Senator Egan of the 40th:
A bill to amend Chapter 11 of Title 14 of the Official Code of Georgia Anno tated, known as the "Georgia Limited Liability Company Act," so as to provide that effective for limited liability companies formed on or after July 1, 1999, except as otherwise provided in the articles of organization or a written oper ating agreement, a member with respect to which an event of dissociation oc curs is not entitled to receive any payment by reason of such event and will become an assignee as to such limited liability company interest.
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 Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler

Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis

Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins

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JOURNAL OF THE SENATE

Y Jackson James
Y Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden EX Marable

Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr

Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N EX Thompson
Walker Y Williams

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

SB 42. By Senator Egan of the 40th:
A bill to amend Code Section 14-9-206.2 of the Official Code of Georgia Anno tated, relating to election to become limited partnership, so as to provide that upon the election becoming effective the certificate of limited partnership filed with the certificate of election shall be the certificate of limited partnership of the limited partnership formed pursuant to such election unless and until amended in accordance with other provisions of law.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,D Y Johnson.E
Kemp Y Ladd Y Lamutt Y Land Y -LiGG Y Madden EX Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas.N EX Thompson
Walker Y Williams

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

THURSDAY, FEBRUARY 4, 1999

161

SB 59. By Senators Tanksley of the 32nd, Thompson of the 33rd and Stokes of the 43rd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the number of Judges of the Court of Appeals; to pro vide that the court shall sit in divisions; to specify the number of Judges which shall constitute a quorum; to provide for the election and term of office of Judges; to provide for the initial appointment of additional judges.
The Senate Judiciary Committee offered the following substitute to SB 59:
A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relat ing to courts, so as to change the number of Judges of the Court of Appeals; to provide that the court shall sit in divisions; to specify the number of Judges which shall consti tute a quorum; to provide for the election and term of office of Judges; to provide for the initial appointment of additional judges; to provide for related matters; to provide an ef fective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-3-1, relating to the composition and division of the Court of Ap peals, and inserting in lieu thereof a new Code Section 15-3-1 to read as follows:
"15-3-1.
(a) Composition. The Court of Appeals shall consist of ten 12 Judges who shall elect one of their number as Chief Judge, in such manner and for such time as may be pre scribed by rule or order of the court.
(b) Divisions. The court shall sit in three divisions composed of three Judges in each division. Two Judges shall constitute a quorum of a division. The assignment of Judges to each division shall be made by the Chief Judge, and the personnel of the di visions shall from time to time be changed in accordance with rules prescribed by the court. The Chief Judge shall designate the Presiding Judges of the three divisions and shall, under rules prescribed by the court, distribute the cases among the divi sions in such manner as to equalize their work as far as practicable.
(c) How cases heard.
(1) Each division shall hear and determine, independently of the others, the cases assigned to it, except that the division next in line in rotation and a seventh Judge shall participate in the determination of each case in which there is a dissent in the division to which the case was originally assigned.
(2) In all cases which involve one or more questions which, in the opinion of the ma jority of the Judges of the division or of the two divisions plus a seventh Judge to which a case is assigned, should be passed upon by all the members of the court, the questions may be presented to all the members of the court; and if a majority of all the members of the court decide that the question or questions involved should, in their judgment and discretion, be decided by all the members of the court, the case shall be passed upon by all the members of the court, provided that a majority of the Judges passing upon the case concur in the judgment.
(3) In neither class of cases referred to in this subsection shall there be oral argu ment except before the division to which the cases are originally assigned.

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JOURNAL OF THE SENATE

(d) How decision overruled. It being among the purposes of this Code section to avoid and reconcile conflicts among the decisions made by less than all of the Judges on the court and to secure more authoritative decisions, it is provided that when two divi sions plus a seventh Judge sit as one court the court may, by the concurrence of a ma jority, overrule any previous decision in the same manner as prescribed for the Su preme Court. As precedent, a decision by such court with a majority concurring shall take precedence over a decision by any division or two divisions plus a seventh Judge. A decision concurred in by all the Judges shall not be overruled or materially modified except with the concurrence of all the Judges.
(e) Quorum. When all the members of the court are sitting together as one court, six seven Judges shall be necessary to constitute a quorum. In all cases decided by such court as a whole by less than ten 12 Judges, the concurrence of at least five seven shall be essential to the rendition of a judgment.
(f) Oral arguments. The Court of Appeals may hear oral arguments at places other than the seat of government. Reasonable notice shall be given of such hearings.
(g) Assistance of other judges; procedure. Whenever the court unanimously determines that the business of the court requires the temporary assistance of an additional judge or additional judges or one additional panel, the court may request the assistance of senior appellate judges as provided in Chapter 3A of this title or senior superior court judges as provided in Code Section 47-23-101. The Judge whose case assignment is transferred to the additional judge shall not vote on the case."
SECTION 2.
Said title is further amended by striking Code Section 15-3-4, relating to the election and term of office of Judges of the Court of Appeals, and inserting in lieu thereof a new Code Section 15-3-4 to read as follows:
"15-3-4.
Two The Judges of the Court of Appeals shall be elected at each the general state election to be held on Tuesday after the first Monday in November of the even-num bered years in the manner in which Justices of the Supreme Court are elected, BAuepl thai QIIBU Judges shall \m elected al tha geneial stale ulecliuii Lu be held iu 1900 and
U161'i6ulei~ SiL 6kCil SlX-y6&i* liilei'Viu.,lllciL lOUT JUu^fcri Sil&llbti tltiCLtiu iit L116 g&IU&TEtl
SL&lX^ 6J.&Ctl011 tG LWi -lltld 111 J.t7(jj &llu Lllci calLd 6tt tiiiCll SlX~yGiir lHtt;i'v^.lj cuiil LliiiL Oil6
Uiiu^c cijJ^uinLcu [jy Llic? vrOVeiiiui uii ui dlLci' util^ I., -Li/yO, tilicill SciVc UIlLll uLllULl*y T^
J.yyy, &ilu illi lllltl&l &uCC&&SOi' CO llle cJOLug^ &^}^)ulllt&u Uy til VjrOVtil'liOl" OH 01* alLd' vu.ly
1, 1990, shall be duly elected aud qualified at the geiieial state electiuii lu be held in
J-i/i/o. ouuli OUUUCDSUI ctlictll scivc uiiLil Uauuai^ J., ^UUJ., auvl o. OU^UCODUI Lu LlitL uuu^c
alieul uc uul^r clcv^tcu anil ijucililiGU at tlic gGiieial attiLc clculiuii CO be lidu 111 2000.
1 licicollci, suuucBsuia Lu Huuli eJuugc tillml be dcutcu anu ijualilicu at cauli suL-j/cai 111-
Uuval. The election of the Judges shall be as follows:
(1) Successors to the Judges serving in judgeships which existed prior to 1999 shall be elected as follows:
(A) Successors to any Judges whose terms expired at the end of 1998 shall be elected at the general election in 2004 and each sixth year thereafter;
(B) Successors to any Judges whose terms expire at the end of 2000 shall be elected at the general election in 2000 and each sixth year thereafter;
(C) Successors to any Judges whose terms expire at the end of 2002 shall be elected at the general election in 2002 and each sixth year thereafter; and

THURSDAY, FEBRUARY 4, 1999

163

(D) Successors to any Judges whose terms expire at the end of 2004 shall be elected at the general election in 2004 and each sixth year thereafter; and
(2) Successors to the two judges serving in the judgeships created in 1999 shall be elected at the 2000 general election and each sixth year thereafter.
The terms of the Judges shall begin on January 1 following their election and, except as provided above, shall continue for six years and until their successors are qualified. They shall be commissioned accordingly by the Governor."
SECTION 3.
The initial judges to serve in the two judgeships created by this Act shall be appointed by the Governor for terms to expire at the end of 2000.
SECTION 4.
This Act shall become effective July 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 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden EX Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N EX Thompson
Walker Y Williams

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

SB 63. By Senators Kemp of the 3rd, Hecht of the 34th, Land of the 16th and others:
A bill to amend Code Section 36-32-9 of the Official Code of Georgia Anno tated, relating to jurisdiction of municipal courts over cases of shoplifting of $100.00 or less, so as to change the jurisdictional amount.

164

JOURNAL OF THE SENATE

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden EX Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N EX Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 64. By Senators Egan of the 40th, Stokes of the 43rd, Thompson of the 33rd and Tanksley of the 32nd:
A bill to amend Chapter 23 of Title 31 of the Official Code of Georgia Anno tated, relating to eye banks, so as to change the provisions relating to defini tions and entities which may establish and maintain eye banks.
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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan

Y Fort Gillis
Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson.D Y Johnson,E

Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden EX Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T
Ragan Y Ray

THURSDAY, FEBRUARY 4, 1999

165

Y Roberts Y Scott Y Smith Y Stair Y Stephens

Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D

Y Thomas,N EX Thompson
Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 82. By Senators Kemp of the 3rd, Lee of the 29th, Ray of the 48th and others:
A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Geor gia Annotated, relating to general provisions regarding magistrate courts, so as to provide for the monetary jurisdiction of civil claims in magistrate court to be set at $15,000.00.
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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden EX Marable Y Meyer von Bremen Y Perdue Y Polak

N Price.R Y Price.T
Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N EX Thompson
Walker Y Williams

On the passage of the bill, the yeas were 50, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Broun of the 46th introduced the University of Georgia Women's Gymnastics team, commended by SR 6, adopted previously. Senator Dean of the 31st moved that the Senate adjourn until 9:00 a.m. tomorrow; the motion prevailed, and at 11:24 a.m., the President announced the Senate adjourned.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, February 5, 1999 Fifteenth Legislative Day
The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 277. By Representative Coleman of the 80th:
A bill to provide a new charter for the City of Berkeley Lake.
HB 403. By Representative Whitaker of the 7th:
A bill to create the Gilmer County Family Connection Commission.
HB 404. By Representative Whitaker of the 7th:
A bill to provide for an advisory referendum election to be held in Lumpkin County for the purpose of determining whether the Lumpkin County Board of Commissioners should adopt comprehensive land use and zoning regulations for unincorporated areas of the county.
HB 412. By Representatives Williams of the 83rd and Unterman of the 84th:
A bill to provide a homestead exemption from City of Snellville ad valorem taxes for city purposes, in the amount of $3,000.00 of the assessed value of the homestead for certain residents of that city who are under 65 years of age and to provide a homestead exemption from City of Snellville ad valorem taxes for city purposes, in the amount of $5,000.00 of the assessed value of that home stead for certain residents of that city who are 65 years of age or over or to tally disabled.
HB 418. By Representative Purcell of the 147th:
A bill to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Effingham," so as to change the com pensation of the chairperson and members of such board of commissioners.
HB 256. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for consent to admission to or discharge from a health care facility or placement or transfer to another health care facility or place ment for adults unable to consent.
HB 26. By Representative Harbin of the 113th:

FRIDAY, FEBRUARY 5, 1999

167

A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to authorize and provide for use of this state as a state of en try into the United States by alien insurers for the purpose of transacting in surance in the United States through a United States branch.
HB 222. By Representatives Grindley of the 35th, Buck of the 135th, Irvin of the 45th and others:
A bill to amend Article 1 of Chapter 2 of Title 48, relating to state administra tive organization relative to revenue and taxation, so as to change certain pro visions relating to payments of certain moneys received by the commissioner or Department of Revenue to the Office of Treasury and Fiscal Services.
HB 35. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Code Section 48-7-26 of the Official Code of Georgia Anno tated, relating to personal exemptions regarding the computation of Georgia taxable income, so as to change certain provisions with respect to dependent deductions.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 119. By Representatives Lucas of the 124th, Parham of the 122nd, Dean of the 48th and others:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utilities, telecommunications, railroad crossings, water and sanitary sewer lines, access, and pipelines in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Bibb, Chatham, Cobb, Floyd, Fulton, Houston, Long, Newton, Paulding, and Towns counties.
HR 122. By Representatives Lucas of the 124th, Rogers of the 20th, Smith of the 19th and others:
A resolution authorizing the conveyance of certain state owned real property located in Cobb County authorizing the conveyance of certain state owned real property located in Hall County authorizing the conveyance of certain state owned real property located in Laurens County.
HR 95. By Representatives Jackson of the 112th, Harbin of the 113th and Williams of the 114th:
A resolution designating the Dr. Pierce Gordon Blanchard Memorial Highway.
The following bills were introduced, read the first time and referred to committees:
SB 121. By Senator Lee of the 29th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Geor gia Annotated, the "Georgia Water Quality Control Act," so as to prohibit counties and municipalities which commit certain violations of that article from permitting additional sewer connections.
Referred to Committee on Natural Resources.
SB 122. By Senators Golden of the 8th, Madden of the 47th, Kemp of the 3rd and Balfour of the 9th:

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A bill to amend Chapter 13 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance holding company systems, so as to change certain provisions relating to applicability of said chapter; to provide a short title; to define certain terms; to provide for reorganization of mutual insurers and for mation of mutual insurance holding companies.
Referred to Committee on Insurance and Labor.
SB 123. By Senators Fort of the 39th, Egan of the 40th, Hill of the 4th and others:
A bill to amend Article 2 of Chapter 6 of Title 40 of the Official Code of Geor gia Annotated, relating to traffic signs, signals, and markings, so as to author ize the Department of Public Safety or the governing authority of any political subdivision of this state to establish a system of traffic-control signal monitor ing devices so as to provide procedures for the recording of violations of trafficcontrol signals.
Referred to Committee on Public Safety.
SB 124. By Senators Ray of the 48th and Kemp of the 3rd:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions regarding venue, so as to authorize the courts of this state to apply the doctrine of forum non conveniens; to provide for procedures, conditions, and limitations; to provide for stays or dismissals; to provide for court orders and modification thereof; to amend Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to direct and interlocutory appeals, so as to provide for appeals from orders staying or dismissing an action on the basis of forum non conveniens.
Referred to Committee on Special Judiciary.
SB 125. By Senators Cheeks of the 23rd, Madden of the 47th, Balfour of the 9th and Johnson of the 1st:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, relating to informed consent to medical treatment, so as to require and provide standards for informed consent to abortion procedures; to enact the "Women's Right To Know Act"; to provide for matters required to be disclosed and for the manner of disclosure; to require a waiting period following disclo sure; to prohibit acceptance of payment during the waiting period.
Referred to Committee on Judiciary.
SB 126. By Senators Perdue of the 18th, Thomas of the 10th and Hecht of the 34th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Geor gia Annotated, relating to the state-wide probation system, and Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, so as to eliminate the two-year limit on supervised probation for probationers who have commit ted crimes against children.
Referred to Committee on Corrections, Correctional Institutions and Property.
SB 127. By Senator Madden of the 47th:

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A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Geor gia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to change certain provisions relating to special li cense plates for firefighters.
Referred to Committee on Finance and Public Utilities.
SB 128. By Senator Madden of the 47th:
A bill to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Geor gia Annotated, relating to acquisitions and dispositions of hospitals, so as to change the provisions relating to definitions; to provide for an effective date.
Referred to Committee on Health and Human Services.
SB 129. By Senator Madden of the 47th:
A bill to amend an Act incorporating the Town of Braselton in the County of Jackson, as amended, so as to change the provisions relating to penalties that may be imposed by the municipal court; to change other provisions relating to the municipal court and the judge of such court; to provide for severability.
Referred to Committee on State and Local Governmental Operations.
SR 116. By Senators Madden of the 47th, Broun of the 46th and Cheeks of the 23rd:
A resolution creating the Joint Mental Health, Mental Retardation, and Sub stance Abuse Service Delivery Study Committee.
Referred to Committee on Rules.
The following bills were read the first time and referred to committees:
HB 26. 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 authorize and provide for use of this state as a state of en try into the United States by alien insurers for the purpose of transacting in surance in the United States through a United States branch.
Referred to Committee on Insurance and Labor.
HB 35. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Code Section 48-7-26 of the Official Code of Georgia Anno tated, relating to personal exemptions regarding the computation of Georgia taxable income, so as to change certain provisions with respect to dependent deductions.
Referred to Committee on Finance and Public Utilities.
HB 222. By Representatives Grindley of the 35th, Buck of the 135th, Irvin of the 45th and others:
A bill to amend Article 1 of Chapter 2 of Title 48, relating to state administra tive organization relative to revenue and taxation, so as to change certain pro visions relating to payments of certain moneys received by the commissioner or Department of Revenue to the Office of Treasury and Fiscal Services.
Referred to Committee on Finance and Public Utilities.

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HB 256. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for consent to admission to or discharge from a health care facility or placement or transfer to another health care facility or place ment for adults unable to consent.
Referred to Committee on Consumer Affairs.
HB 277. By Representative Coleman of the 80th:
A bill to provide a new charter for the City of Berkeley Lake.
Referred to Committee on State and Local Governmental Operations.
HB 403. By Representative Whitaker of the 7th:
A bill to create the Gilmer County Family Connection Commission.
Referred to Committee on State and Local Governmental Operations.
HB 404. By Representative Whitaker of the 7th:
A bill to provide for an advisory referendum election to be held in Lumpkin County for the purpose of determining whether the Lumpkin County Board of Commissioners should adopt comprehensive land use and zoning regulations for unincorporated areas of the county.
Referred to Committee on State and Local Governmental Operations.
HB 412. By Representatives Williams of the 83rd and Unterman of the 84th:
A bill to provide a homestead exemption from City of Snellville ad valorem taxes for city purposes, in the amount of $3,000.00 of the assessed value of the homestead for certain residents of that city who are under 65 years of age and to provide a homestead exemption from City of Snellville ad valorem taxes for city purposes, in the amount of $5,000.00 of the assessed value of that home stead for certain residents of that city who are 65 years of age or over or to tally disabled.
Referred to Committee on State and Local Governmental Operations.
HB 418. By Representative Purcell of the 147th:
A bill to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Effingham," so as to change the com pensation of the chairperson and members of such board of commissioners.
Referred to Committee on State and Local Governmental Operations.
HR 95. By Representatives Jackson of the 112th, Harbin of the 113th and Williams of the 114th:
A resolution designating the Dr. Pierce Gordon Blanchard Memorial Highway.
Referred to Committee on Transportation.
HR 119. By Representatives Lucas of the 124th, Parham of the 122nd, Dean of the 48th and others:

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A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utilities, telecommunications, railroad crossings, water and sanitary sewer lines, access, and pipelines in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Bibb, Chatham, Cobb, Floyd, Fulton, Houston, Long, Newton, Paulding, and Towns counties.
Referred to Committee on Finance and Public Utilities.

HR 122. By Representatives Lucas of the 124th, Rogers of the 20th, Smith of the 19th and Porter of the 143rd:
A resolution authorizing the conveyance of certain state owned real property located in Cobb County authorizing the conveyance of certain state owned real property located in Hall County authorizing the conveyance of certain state owned real property located in Laurens County.
Referred to Committee on Finance and Public Utilities.
The following committee reports were read by the Secretary:

Mr. President: The Committee on Banking and Financial Institutions has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 52. Do pass. Respectfully submitted, Senator Cheeks of the 23rd District, Chairman

Mr. President:

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

SB 13. Do pass by substitute.

SB 95. Do pass.

Respectfully submitted,

Senator Thomas of the 10th District, Chairman

The following bills and resolution were read the second time:

SB 17

SB 30

SB 56

SB 66

SB 76

SR 88

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

Balfour Blitch Bowen Broun, 46th Brown, 26th Brush Burton Butler Cable Cagle

Cheeks Crotts Dean Fort Gillis Gingrey Guhl Harbison Hecht Hill

Hooks Huggins Jackson James Johnson,E Kemp Ladd Lamutt Land Lee

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Madden Marable Meyer von Bremen Perdue Polak Price,R Price.T

Ragan Ray Roberts Smith Starr Stephens Stokes

Those not answering were:

Egan Golden

Johnson.D Scott

Streat Tanksley Tate Thomas.D Thompson Walker Williams
Thomas,N

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Thomas of the 54th introduced the chaplain of the day, Reverend Brian Clark, associate pastor of the First United Methodist Church, Dalton, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 111. By Senator Hooks of the 14th: A resolution commending the Georgia Peach Festival.
SR 112. By Senators Smith of the 25th, Jackson of the 50th, Golden of the 8th and others: A resolution recognizing the Georgia Association of Educators and designating February 8, 1999, as GAE Day at the Capitol.
SR 113. By Senators Stokes of the 43rd, Harbison of the 15th, Tate of the 38th and others: A resolution recognizing and commending Dr. Walter E. Massey, President of Morehouse College.
SR 114. By Senator Hill of the 4th:
A resolution expressing sympathy to the family of Honorable Erney Winton Bell.
SR 115. By Senators Bowen of the 13th, Meyer von Bremen of the 12th, Brush of the 24th and Streat of the 19th:
A resolution commending police chiefs and other heads of law enforcement agencies in this state and observing a day of recognition.
SR 117. By Senator Balfour of the 9th:
A resolution commending Amanda Jo Weir.

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173

SENATE CALENDAR
Friday, February 5, 1999 FIFTEENTH LEGISLATIVE DAY

SB 9

Claims Advisory Board-exclude certain small claims from payment (Corr-31st)

SB 28

County Officers', Employees' Health Plan-election of plans (Substitute)(I&L-20th)

SB 37

Farmers' Mutual Fire Insurance Policy for Fire Only-risk amount (Substitute)(I&L-47th)

SB 47

Loads of Unprocessed Forest Products-strobe lights, flags at rear (Trans-20th)

SB 57 Regional Transportation Authority-provide (Substitute) (Trans-33rd)

SB 83

Motor Vehicle Ad Valorem Tax-when former prisoner of war may claim exemption (Amendment)(F&PU-34th)

SR 22 William S. Robinson Bridge-designate (Trans-14th)

SR 31 Robert L. Williford Memorial Highway-designate (Trans-47th)

HB 158 State Properties Commission; membership; include Secretary of State (Amendment)(F&PU-lst) Lucas-124th

HB 189 Firearms; certain civil actions; reserve right to state (SubstituteXPub Saf-19th) Jenkins-llOth

The following general bills were read the third time and put upon their passage:

SB 9. By Senators Dean of the 31st, Kill of the 4th, Johnson of the 2nd and Marable of the 52nd:
A bill to amend Article 4 of Chapter 5 of Title 28 of the Official Code of Geor gia Annotated, relating to the Claims Advisory Board, so as to exclude certain small claims from payment by the Claims Advisory Board and the state de partment or agency affected.
Senator Dean of the 31st asked unanimous consent that SB 9 be dropped to the foot of the Calendar. The consent was granted and SB 9 was dropped to the foot of the Calendar.

SB 28. By Senators Gillis of the 20th, Dean of the 31st, Bowen of the 13th and others:
A bill to amend Code Section 45-18-5 of the Official Code of Georgia Anno tated, relating to the county officers' and employees' health plans, so as to amend certain provisions relating to election of plans; to provide for related matters; to provide an effective date.
Senator Gillis of the 20th asked unanimous consent that SB 28 be dropped to the foot of the Calendar. The consent was granted and SB 28 was dropped to the foot of the Calendar.

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SB 37. By Senator Madden of the 47th:
A bill to amend Code Section 33-16-14 of the Official Code of Georgia Anno tated, relating to limitations on amounts of risk applicable to farmers' mutual fire insurance companies, so as to provide an exception applicable to certain companies issuing policies insuring against loss or damage by fire only.
Senator Madden of the 47th asked unanimous consent that SB 37 be dropped to the foot of the Calendar. The consent was granted and SB 37 was dropped to the foot of the Calendar.
SB 47. By Senators Gillis of the 20th, Hill of the 4th, Dean of the 31st and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Anno tated, relating to regulation of length and loads of vehicles, so as to provide that the rear extremity of loads of unprocessed forest products shall be marked with an amber strobe warning light and warning flags which meet certain requirements of law; to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, so as to change the provisions relating to light or flag on projecting load.
Senator Gillis of the 20th asked unanimous consent that SB 47 be dropped to the foot of the Calendar. The consent was granted and SB 47 was dropped to the foot of the Calendar.
SB 57. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to provide for the Georgia Regional Transportation Authority; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change certain provisions relating to transit ser vices with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Governor's Development Council.
The Senate Transportation Committee offered the following substitute to SB 57:
A BILL
To be entitled an Act to provide for the Georgia Regional Transportation Authority; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change certain provisions relating to transit services with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Gover nor's Development Council; to change certain provisions relating to attachment of the council for administrative purposes and technical support; to amend Title 50 of the Offi cial Code of Georgia Annotated, relating to state government, so as to create the Georgia Regional Transportation Authority; to provide a short title; to define certain terms; to provide for the membership, appointment, and terms of members of the authority; to provide for the purposes, status, jurisdiction, powers, duties, rights, procedures, immuni ties, personnel, and resources of the authority; to provide for the creation and activation of special districts; to provide for transportation and air quality projects within such spe-

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175

cial districts; to provide for financing of projects related to the purposes of the authority; to provide that certain projects shall not be commenced nor funds be expended by the state, political subdivisions, or departments, agencies, or authorities thereof under cer tain circumstances; to provide for the issuance of revenue bonds, guaranteed revenue bonds, bonds, notes, obligations, and other evidences of indebtedness under certain terms and conditions; to provide tax exemptions for the authority and the bonds thereof; to provide for transportation and air quality services by local governments; to provide that certain funds shall be withheld from local governments under certain circum stances; to provide for legislative intent; to change certain provisions relating to defini tions relative to the Georgia Environmental Facilities Authority; 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 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass trans portation, is amended by striking Code Section 32-9-11, relating to transit services with local governments, and inserting in lieu thereof the following:
"32-9-11.
(a) As used in this Code section, the term:
(1) 'Local government' means any county, municipality, or political subdivision of this state, or any combination thereof.
(2) "Transit agency" means any public agency, public corporation, or public authority existing under the laws of this state that is authorized by any general, special, or lo cal law to provide any type of transit services within any area of this state but shall not include the Department of Transportation, the Georgia Regional Transportation Authority, or the Georgia Rail Passenger Authority.
(3) Transit facilities' means everything necessary and appropriate for the convey ance and convenience of passengers who utilize transit services.
(4) 'Transit services' means all modes of transportation serving the general public which are appropriate to transport people and their personal effects by highway or other ground conveyance but does not include rail conveyance.
(b) Any transit agency may, by contract with any local government for any period not exceeding 50 years, provide transit services or transit facilities for, to, or within that local government or between that local government and any area in which such transit agency provides transit services or transit facilities, except that if such services or facilities are to be funded wholly or partially by fees, assessments, or taxes levied and collected within a special district created pursuant to Article IX, Section II, Para graph VI of the Constitution, such contract may only become effective if it is approved by a majority of the qualified voters voting in such local government in a special elec tion which shall be called and conducted for that purpose by the election superinten dent of such local government. Any services provided by a transit agency pursuant to a contract authorized by this subsection shall be conditioned upon such services being included in a plan for transit services adopted or approved by the governing authority of the county and by the governing authorities of any municipalities within which transit services are to be provided as provided in the plan.
(c) The purpose of this Code section is to facilitate the exercise of the power to provide public transportation services conferred by Article K, Section II, Paragraph III of the Constitution. This Code section does not repeal any other law conferring the power to

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provide public transportation services or prescribing the manner in which such power is to be exercised. This Code section does not restrict the power of the Department of Transportation, the Georgia Regional Transportation Authority, or the Georgia Rail Passenger Authority to contract with any local government to provide transit services or transit facilities, including but not limited to rail transit services and facilities, pur suant to Article EX, Section III, Paragraph I of the Constitution."
SECTION 2.
Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, is amended by striking Code Section 45-12203, relating to composition, appointment of members, and meetings of the Governor's Development Council, and inserting in lieu thereof the following:
"45-12-203.
\3i) IVlciiluCirSiilJ) GI'i Lllti ~~CGUlTCil slictli Lc us IGiiuWS. Llie vjruVci nui Ol Llic vjOVCTilul S u6S~
l^llee, C116 Cumnii isH.i.uiltrrOrcuilliTiu.nltj' ftllikii'S,tlTG COYtUlllSSiuller OTiiiuucitij', CT<ldj&,
111(1tOTii*iSlil , tlltiCOliimiSS1OIicI1 Oi iiciLtii a.1r^ SGUl~CtiS , tlit;COiiiHllSiSlOI161* OI tt <ui&pui11&~
tiuii, LlicuiicCtOT \jL Lllc xJlIAtt;OI Jr 1 ctliin 11^ ciiiil -Uuu^fit, tilt cXcCuLiVc tlncCLui Ol tllfc
Ijeui'^ift lii liV11 utilliciltS.1 1 eiC111 Llt;S AuLiiui iL^ } 3.11Cl Iillit; plT. v fl.tti scCtOf illd11 LJC! is 3.Ji~
pointed by the Govemoi. Private sectoi members ahall be buleuted in sudi a way that
Llic^ ic^jicociiL Lli^; gcvjgia^jllii;ul dill!! c^unuiiiiL/ UAvciSlL^ ul Lino HLeiLc Lv Llic iiieL&iiiiulli
CAtciit IcaBiulc. All pnvatc cttui iiicmucio sliall Escivc at tlic plcaBuic ul tlic Guvci-
nor The members of the board of directors of the Georgia Regional Transportation Au thority provided by Code Section 50-32-4, upon their initial appointment and thereaf ter, shall constitute the membership of the council. Membership on that authority or the council shall not constitute an appointment to an office of honor or trust for pur poses of subsection (a) of Code Section 50-32-4.
(b) The Guvemoi1 shall designate The chair of the Georgia Regional Transportation Authority shall serve as the chair of the council.
(c) The council shall hold meetings as often as the chair determines, but not more than 12 days each year. The chair may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the council. Nine members of the council shall constitute a quorum for conducting business. No member may act through a proxy, designee, or delegate except fur Llie Guvumui as piuvidud iii subsec tion (a) uf this Cade section. The council may establish, from time to time, such addi tional rules and procedures as the council deems appropriate for conducting the coun cil's business. These rules and procedures may be established in bylaws or in such other form as the council deems appropriate."
SECTION 3.
Said article is further amended by striking Code Section 45-12-205, relating to attach ment of the Governor's Development Council for administrative purposes and technical support, and inserting in lieu thereof the following:
"45-12-205.
The council shall be attached to the Office of Planning aud Budget Department of Community Affairs for administrative purposes. The Department of Community Af fairs and the Office of Planning and Budget shall provide technical support to the council as directed by the chair and approved by the Governor."
SECTION 4.

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177

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Chapter 32 to read as follows:

50-32-1.

"CHAPTER 32 ARTICLE 1

This chapter shall be known and may be cited as the 'Georgia Regional Transportation Authority Act.'
50-32-2.

As used in this chapter, the term:

(1) 'Authority" means the Georgia Regional Transportation Authority.

(2) 'Bond' includes revenue bond, bond, note, or other obligation.

(3) 'Cost of project' or 'cost of any project' means:

(A) All costs of acquisition, by purchase or otherwise, construction, assembly, in stallation, modification, renovation, extension, rehabilitation, operation, or mainte nance incurred in connection with any project, facility, or undertaking of the au thority or any part thereof;
(B) All costs of real property, fixtures, or personal property used in or in connec tion with or necessary for any project, facility, or undertaking of the authority or for any facilities related thereto, including but not limited to, the cost of all land, interests in land, estates for years, easements, rights, improvements, water rights, and connections for utility services; the cost of fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, ap provals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project, facility, or undertaking of the authority;

(C) All financing charges, bond insurance, and loan or loan guarantee fees and all interest on revenue bonds, notes, or other obligations of the authority which ac crue or are paid prior to and during the period of construction of a project, facility, or undertaking of the authority and during such additional period as the author ity may reasonably determine to be necessary to place such project, facility, or un dertaking of the authority in operation;

(D) All costs of engineering, surveying, planning, environmental assessments, fi nancial analyses, and architectural, legal, and accounting services and all ex penses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, accountants, and any other necessary technical personnel in connection with any project, facility, or undertaking of the authority;
(E) All expenses for inspection of any project, facility, or undertaking of the authority;

(F) All fees of fiscal agents, paying agents, and trustees for bondholders under any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, revenue bonds, notes, or other obligations for any project, facility, or under taking of the authority, including bond insurance;

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(G) All fees of any type charged by the authority in connection with any project, facility, or undertaking of the authority;
(H) All expenses of or incidental to determining the feasibility or practicability of any project, facility, or undertaking of the authority;
(I) All costs of plans and specifications for any project, facility, or undertaking of the authority;
(J) All costs of title insurance and examinations of title with respect to any pro ject, facility, or undertaking of the authority;
(K) Repayment of any loans for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans;
(L) Administrative expenses of the authority and such other expenses as may be necessary or incidental to any project, facility, or undertaking of the authority or the financing thereof or the placing of any project, facility, or undertaking of the authority in operation; and
(M) The establishment of a fund or funds for the creation of a debt service re serve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project, facility, or undertaking of the authority and as may be authorized by any bond resolution, trust agreement, indenture, or trust or similar instrument or agree ment pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized.
Any cost, obligation, or expense incurred for any of the purposes specified in this paragraph shall be a part of the cost of the project, facility, or undertaking of the authority and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes, or other obligations issued by the authority or as otherwise authorized by this chapter.
(4) 'County" means any county created under the Constitution or laws of this state.
(5) 'Facility* shall have the same meaning as 'project.'
(6) 'Local government' or 'local governing authority' means any municipal corpora tion or county or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state.
(7) 'May* means permission and not command.
(8) 'Municipal corporation' or 'municipality" means any city or town in this state.
(9) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of in debtedness, debt, or other obligation of the authority, the state, or local governments which are authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds.
(10) 'Project' means the acquisition, construction, installation, modification, renova tion, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, in stallation, modification, renovation, repair, extension, renewal, replacement, rehabil itation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential pub-

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lie purpose of providing facilities and services to meet public transportation needs and environmental standards and to aid in the accomplishment of the purposes of the authority.
(11) 'Revenue bond' includes bond, note, or other obligation.
(12) 'Undertaking* shall have the same meaning as 'project.'
50-32-3.
(a) There is created the Georgia Regional Transportation Authority as a body corpo rate and politic, which shall be deemed an instrumentality of the State of Georgia and a public corporation, for purposes of managing transportation and air quality within certain areas of this state; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state.
(b) The management of the business and affairs of the authority shall be vested in a board of directors, subject to the provisions of this chapter and to the provisions of by laws adopted by the board as authorized by this chapter. The board of directors shall make bylaws governing its own operation and shall have the power to make bylaws, rules, and regulations for the government of the authority and the operation, manage ment, and maintenance of such projects as the board may determine appropriate to undertake from time to time.
(c) Except as otherwise provided in this chapter, a majority of the members of the board then in office shall constitute a quorum for the transaction of business. The vote of a majority of the members of the board present at the time of the vote, if a quorum is present at such time, shall be the act of the board unless the vote of a greater number is required by law or by the bylaws of the board of directors. The board of directors, by resolution adopted by a majority of the full board of directors, shall designate from among its members an executive committee and one or more other committees, each consisting of two or more members of the board, which shall have and exercise such authority as the board may delegate to it under such proce dures as the board may direct by resolution establishing such committee or committees.
(d) No vacancy on the authority shall impair the right of a majority of the appointed members from exercising all rights and performing all duties of the authority. The au thority shall have perpetual existence. Any change in the name or composition of the authority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter. At the direction of the Governor, the Attorney General shall provide legal services for the authority and in connection therewith Code Sections 45-15-13 through 45-15-16 shall be fully appli cable. At the direction of the Governor, the authority may employ such other attor neys, engineers, consultants, and other experts as necessary from time to time to as sist in the business of the authority.
50-32-4.
(a) The initial board of directors of the authority shall consist of 15 members. Each member shall serve for a term of four years except as otherwise provided in this chap ter, with the beginning and ending dates of such terms to be specified by the Gover nor. All members of the board shall be appointed by the Governor of the State of Georgia subject to confirmation by the Senate and shall serve until the appointment and qualification of a successor. Said members shall be appointed from the general public subject to the provisions of subsection (d) of this Code section, and no person

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holding any other office of profit or trust under the state shall be appointed to mem bership. The chair of the board of directors shall be appointed and designated by the Governor.
(b) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. A person appointed to fill a vacancy shall serve until confirmed by the Senate and, upon confirmation, shall serve for the unexpired term. No vacancy on the board shall im pair the right of the quorum of the remaining members then in office to exercise all rights and perform all duties of the board.
(c) The members of the board of directors shall be entitled to and shall be reimbursed for their actual travel expenses necessarily incurred in the performance of their duties and, for each day actually spent in the performance of their duties, shall receive the same per diem as do members of the General Assembly.
(d) All members of the board of directors shall serve at the pleasure of the Governor, and may be removed by executive order of the Governor for misfeasance, malfeasance, failure to attend and vote at a meeting or meetings of the board, or for such other rea son or reasons as the Governor may deem sufficient, and the action of the Governor shall be final and nonreviewable. In the event that a vacancy or vacancies on the board renders the board able to obtain a quorum but unable to obtain the attendance of a number of members sufficient to constitute such super-majorities as may be re quired by this chapter, the board shall entertain no motion or measure requiring such a supermajority until a number of members sufficient to constitute such supermajority is present, and the Governor shall be immediately notified of the absence of members.
(e) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to an independent auditing firm selected by the authority on or about the close of the state's fiscal year for the purpose of obtaining a certified audit of the authority's finances.
(f) Meetings of the board of directors, regular or special, shall be held at the time and place fixed by or under the bylaws, with no less than five days public notice for regu lar meetings as prescribed in the bylaws, and such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings as prescribed in the bylaws. Meetings of the board may be called by the chairperson or by such other person or persons as the bylaws may authorize. Notice of any regular or special meeting shall be given to the Governor at least five days prior to such meet ing, unless the Governor waives such notice requirement, and no business may be transacted at any meeting of the board unless and until the Governor has acknowl edged receipt of or waived such notice.
(g) All meetings of the board of directors shall be subject to the provisions of Chapter 14 of this title. A written record of each vote taken by the board, specifying the yea or nay vote or absence of each member as to each measure, shall be transmitted promptly to the Governor upon the adjournment of each meeting. No member may abstain from a vote other than for reasons constituting disqualification to the satisfac tion of a majority of a quorum of the board on a record vote, and any abstention not so authorized shall be grounds for removal of the member by the Governor.
(h) The authority is assigned to the Department of Community Affairs for administra tive purposes only.

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ARTICLE 2
50-32-10.
(a)(l) This chapter shall operate uniformly throughout the state.
(2)(A) The initial jurisdiction of the authority for purposes of this chapter shall encompass the territory of every county which was designated by the United States Environmental Protection Agency (USEPA) in the Code of Federal Regula tions as of December 31, 1998, as a county included in whole or in part within a nonattainment area under the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., and which the board designates, through regulation, as a county having ex cess levels of ozone, carbon monoxide, or particulate matter.
(B) The jurisdiction of the authority for purposes of this chapter shall also encom pass the territory of every county designated by the USEPA in the Code of Fed eral Regulations after December 31, 1998, as a county included in whole or in part within a nonattainment area under the federal Clean Air Act, 42 U.S.C. Sec tion 7401, et seq., and which the board designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter, pro vided that the jurisdictional area encompassed under this subparagraph shall be contiguous with the jurisdictional area encompassed under subparagraph (A) of this paragraph.
(b)(l) Within three months of the effective date of this chapter, the director of the Environmental Protection Division shall report and certify to the authority and the Governor, pursuant to criteria established by that division, counties which are rea sonably expected to become nonattainment areas under the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., within seven years from the date of such report and certification, and shall update such report and certification every six months there after. Within the geographic territory of any county so designated, the board shall provide, by resolution or regulation, that the funding, planning, design, construction, contracting, leasing, and other related facilities of the authority shall be made avail able to county and local governments for the purpose of planning, designing, con structing, operating, and maintaining public transportation systems and other land transportation projects, air quality installations, and all facilities necessary and ben eficial thereto, and for the purpose of designing and implementing transportation plans and transportation improvement plans, on such terms and conditions as may be agreed to between the authority and such county or local governments.
(2) By resolution of the county governing authority, the special district created by this chapter encompassing the territory of any county reported and certified pursu ant to paragraph (1) of this subsection may be activated for the purposes of this chapter, or such county may be brought within the jurisdiction of the authority.
(3) The jurisdiction of the authority for purposes of this chapter shall be extended to the territory of any county the territory of which is not contiguous with the jurisdic tion established by subsection (a) of this Code section which is designated by the USEPA in the Code of Federal Regulations as a county included in whole or in part within a nonattainment area under the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., and which the board designates, through regulation, as a county hav ing excess levels of ozone, carbon monoxide, or particulate matter. Upon any such county coming within the jurisdiction of the authority, a single member shall be ad-

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ded to the board, together with an additional member for each 200,000 persons above the number of 200,000 persons forming the population of such county accord ing to the 1990 United States decennial census or any future such census.
(c) Upon acquiring jurisdiction over the territory of any county, the authority's juris diction over such territory shall continue until 20 years have elapsed since the county was redesignated by the USEPA as in attainment under the federal Clean Air Act, 42 U.S.C. Section 7401, et seq.
(d) Upon the lapse of the authority's jurisdiction over a geographic area pursuant to the provisions of this Code section, the authority shall have the power to enter into such contracts, lease agreements, and other instruments necessary or convenient to manage and dispose of real property and facilities owned or operated by the authority within such geographic area, and shall dispose of all such property not more than five years after the lapse of such jurisdiction, but shall retain jurisdiction for the purpose of operating and managing such property and facilities until their final disposition.
50-32-11.
(a) The authority shall have the following general powers:
(1) To sue and be sued in all courts of this state, the original jurisdiction and venue of such actions being the Superior Court of Fulton County;
(2) To have a seal and alter the same at its pleasure;
(3) To plan, design, construct, operate, and maintain public transportation systems and other land transportation projects, and all facilities and appurtenances neces sary or beneficial thereto, within the geographic area over which the authority has jurisdiction, or which cross county boundaries within or on the periphery of the geo graphic area over which the authority has jurisdiction for such purposes pursuant to this chapter, and to contract with any state, regional, or local authority or depart ment, or with any private person, firm, or corporation, for those purposes;
(4) To plan, design, construct, operate, and maintain air quality control installa tions, and all facilities and appurtenances necessary or beneficial thereto, within the geographic area over which the authority has jurisdiction for such purposes pursu ant to this chapter, and to contract with any state, regional, or local authority or de partment, or with any private person, firm, or corporation, for those purposes;
(5) To make and execute contracts, lease agreements, and all other instruments nec essary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, such contracts, leases, or instruments to include contracts for construction, operation, management, or maintenance of projects and facilities owned by local government, the authority, or by the state or any political subdivision, department, agency, or authority thereof, and to include contracts relating to the execution of the powers of the authority and the disposal of the property of the authority from time to time; and any and all local governments, departments, institutions, authorities, or agencies of the state are authorized to enter into contracts, leases, agreements, or other instruments with the authority upon such terms and to transfer real and personal property to the authority for such consideration and for such purposes as they deem advisable;
(6) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in fur therance of the public purpose of the authority;

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(7) To appoint an executive director who shall be executive officer and administra tive head of the authority. The executive director shall be appointed and serve at the pleasure of the authority. The executive director shall hire officers, agents, and em ployees, prescribe their duties and qualifications and fix their compensation, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director;
(8) To finance projects, facilities, and undertakings of the authority for the further ance of the purposes of the authority within the geographic area over which the au thority has jurisdiction by loan, loan guarantee, grant, lease, or otherwise, and to pay the cost of such from the proceeds of bonds, revenue bonds, notes, or other obli gations of the authority or any other funds of the authority or from any contribu tions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use;
(9) To extend credit or make loans or grants for all or part of the cost or expense of any project, facility, or undertaking of a political subdivision or other entity for the furtherance of the purposes of the authority within the geographic area over which the authority has jurisdiction upon such terms and conditions as the authority may deem necessary or desirable; and to adopt rules, regulations, and procedures for making such loans and grants;
(10) To borrow money to further or carry out its public purpose and to issue guaran teed revenue bonds, revenue bonds, notes, or other obligations to evidence such loans and to execute leases, trust indentures, trust agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to se cure debt, trust deeds, security agreements, assignments, and such other agree ments or instruments as may be necessary or desirable in the judgment of the au thority, and to evidence and to provide security for such loans;
(11) To issue guaranteed revenue bonds, revenue bonds, bonds, notes, or other obli gations of the authority, to receive payments from the Department of Community Affairs, and to use the proceeds thereof for the purpose of:
(A) Paying or loaning the proceeds thereof to pay, all or any part of, the cost of any project or the principal of and premium, if any, and interest on the revenue bonds, bonds, notes, or other obligations of any local government issued for the purpose of paying in whole or in part, the cost of any project and having a final maturity not exceeding three years from the date of original issuance thereof;
(B) Paying all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out the purposes of the authority; and
(C) Paying all costs of the authority incurred in connection with the issuance of the guaranteed revenue bonds, revenue bonds, bonds, notes, or other obligations;
(12) To collect fees and charges in connection with its loans, commitments, manage ment services, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be ap proved by the authority;
(13) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following:

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(A) Bonds or other obligations of the state or bonds or other obligations, the prin cipal and interest of which are guaranteed by the state;
(B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government;
(C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Bank for Cooperatives;
(D) Bonds or other obligations issued by any public housing agency or municipal ity in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both princi pal and interest by a requisition, loan, or payment agreement with the United States government;
(E) Certificates of deposit of national or state banks or federal savings and loan associations located within the state which have deposits insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation and certificates of deposit of state building and loan associations located within the state which have deposits insured by any Georgia deposit insurance corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of de posit in excess of the amount insured by the Federal Deposit Insurance Corpora tion or any Georgia deposit insurance corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess:
(i) Direct and general obligations of the state or of any county or municipality in the state;
(ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph;
(iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or
(iv) Bonds, obligations, or project notes of public housing agencies, urban re newal agencies, or municipalities included in subparagraph (D) of this paragraph;
(F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recog nized as a primary dealer by the Federal Reserve Bank of New York having capi tal aggregating at least $50 million or with any corporation which is subject to re gistration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase

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agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with re spect to the investment or reinvestment of such moneys; and
(G) State operated investment pools;
(14) To acquire or contract to acquire from any person, firm, corporation, local gov ernment, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, ex change, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same; and local government is authorized to grant, sell, or otherwise alienate lease holds, real and personal property, or any interest therein to the authority;
(15) To invest any moneys held in debt service funds or sinking funds not restricted as to investment by the Constitution or laws of this state or the federal government or by contract not required for immediate use or disbursement in obligations of the types specified in paragraph (13) of this subsection, provided that, for the purposes of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service, which debt service shall be the principal in stallments and interest payments, schedule for which such moneys are to be applied;
(16) To provide advisory, technical, consultative, training, educational, and project assistance services to the state and local government and to enter into contracts with the state and local government to provide such services. The state and local governments are authorized to enter into contracts with the authority for such ser vices and to pay for such services as may be provided them;
(17) To make loan commitments and loans to local governments and to enter into option arrangements with local governments for the purchase of said bonds, revenue bonds, notes, or other obligations;
(18) To sell or pledge any bonds, revenue bonds, notes, or other obligations acquired by it whenever it is determined by the authority that the sale thereof is desirable;
(19) To receive appropriations from the General Assembly and to apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or finan cial or other aid in any form from the federal government or any agency or instru mentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(20) To lease to local governments any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state;
(21) To contract with state agencies or any local government for the use by the au thority of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority and such state agencies and local governments are authorized to enter into such contracts;
(22) To extend credit or make loans, including the acquisition of bonds, revenue bonds, notes, or other obligations of the state, any local government, or other entity, including the federal government, for the cost or expense of any project or any part of the cost or expense of any project, which credit or loans may be evidenced or se-

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cured by trust indentures, loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, or assignments, on such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of re serve funds; and, in the exercise of powers granted by this chapter in connection with any project, the authority shall have the right and power to require the inclu sion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provi sions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and condi tions as the authority may deem necessary or desirable;
(23) As security for repayment of any bonds, revenue bonds, notes, or other obliga tions of the authority, to pledge, lease, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority including, but not limited to, real property, fixtures, personal property, and revenues or other funds and to execute any lease, trust indenture, trust agreement, agreement for the sale of the author ity's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or in strument as may be necessary or desirable, in the judgment of the authority, to se cure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the author ity upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition con tained in any such agreement or instrument;
(24) To receive and use the proceeds of any tax levied to pay all or any part of the cost of any project or for any other purpose for which the authority may use its own funds pursuant to this chapter;
(25) To use income earned on any investment for such corporate purposes of the au thority as the authority in its discretion shall determine, including, but not limited to, the use of repaid principal and earnings on funds, the ultimate source of which was an appropriation to a budget unit of the state to make loans for projects;
(26) To cooperate and act in conjunction with industrial, commercial, medical, scien tific, public interest, or educational organizations; with agencies of the federal gov ernment and this state and local government; with other states and their political subdivisions; and with joint agencies thereof and such state agencies, local govern ment, and joint agencies are authorized and empowered to cooperate and act in con junction, and to enter into contracts or agreements with the authority and local gov ernment to achieve or further the purposes of the authority;
(27) To coordinate and assist in planning for transportation and air quality purposes within the geographic area over which the authority has jurisdiction pursuant to this chapter, between and among all state, regional, and local authorities charged with planning responsibilities for such purposes by state or federal law, and to adopt a regional plan or plans based in whole or in part on such planning;
(28) To review and make recommendations to the Governor concerning all proposed regional transportation plans and transportation improvement plans prepared by metropolitan planning organizations wholly or partly within the geographic area over which the authority has jurisdiction pursuant to this chapter, and to negotiate

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with such metropolitan planning organizations concerning changes or amendments to such plans which may be recommended by the authority or the Governor, and to adopt such regional plans as all or a portion of its own regional plans;
(29) To review and make recommendations to the Governor concerning all transpor tation plans and transportation improvement plans prepared by the Department of Transportation involving design, construction, or operation of transportation facili ties wholly or partly within the geographic area over which the authority has juris diction pursuant to this chapter, and to negotiate with that department concerning changes or amendments to such plans which may be recommended by the authority or the Governor, and to adopt such plans as all or a portion of its own regional plans;
(30) To acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this chapter pursuant to the procedures set forth in this chapter, and to purchase, exchange, sell, lease, or other wise acquire or dispose of any property or any rights or interests therein for the purposes authorized by this chapter or for any facilities or activities incident thereto;
(31) To the extent permissible under federal law, to operate as the receiver of all federal grants, loans, and other moneys intended to be used within the geographic area over which the authority has jurisdiction pursuant to this chapter for inter-ur ban and intra-urban transit, public transportation development, air quality and air pollution control, and other purposes related to the alleviation of congestion and air pollution;
(32) In planning for the use of any road or toll road which lies within the geographi cal area over which the authority has jurisdiction, the authority shall have the power to control or limit access thereto, including the power to close off, regulate, or create access to or from any part of any public road on the state highway system, a county road system, or municipal street system to the extent necessary to achieve the purposes of the authority;
(33) To exercise any power granted by the laws of this state to public or private cor porations which is not in conflict with the public purpose of the authority;
(34) To do all things necessary or convenient to carry out the powers conferred by this chapter; and
(35) To procure insurance against any loss in connection with its property and other assets or obligations or to establish cash reserves to enable it to act as self-insurer against any and all such losses.
(b) In addition to the above-enumerated general powers, and such other powers as are set forth in this chapter, the authority shall have the following powers with respect to special districts created and activated pursuant to this chapter:
(1) By resolution, to authorize the provision of public transportation services and the institution of air quality control measures within the bounds of such special dis tricts by the county within which such special district lies utilizing the funding methods authorized by this chapter where the facilities for such purposes are lo cated wholly within such special districts or are the subject of contracts between or among such counties and where such services and measures are certified by the au thority to be consistent with the authority's regional plans;

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(2) By resolution, to authorize the utilization within such special districts of the funding mechanisms enumerated in Code Section 50-32-30 to provide funding to de fray the cost of public transportation and air quality control measures certified and provided pursuant to paragraph (1) of this subsection;
(3) By resolution, to authorize the utilization within such special districts of the above-enumerated funding mechanisms to assist in funding those portions of re gional public transportation systems which lie within and provide service to the ter ritory of such special districts; and
(4) By resolution, to contract with counties within which such special districts lie for funding, planning services, and such other services as the authority may deem nec essary and proper to assist such counties in providing public transportation services and instituting air quality control measures within the bounds of such special dis tricts where the facilities for such purposes are located wholly within such special districts or are the subject of contracts between or among such counties, and where such services and measures are certified by the authority to be consistent with the authority's regional plans.
50-32-12.
Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Con stitution of this state, there are created within this state 159 special districts. One such district shall exist within the geographic boundaries of each county, and the ter ritory of each district shall include all of the territory within its respective county. Any special district within a county within the geographic area over which the author ity has jurisdiction shall be deemed activated for purposes of this chapter.
50-32-13.
(a) In exercising the authority's power of review concerning proposed regional trans portation plans and transportation improvement plans prepared by metropolitan plan ning organizations wholly or partly within the geographic area over which the author ity has jurisdiction or by the Department of Transportation:
(1) No such regional transportation plan or transportation improvement plan shall be effective unless approved by the affirmative vote of two-thirds of the authorized membership of the board to a motion made for that purpose;
(2) The authority may modify such a plan and approve such plan as modified upon the affirmative vote of two-thirds of the authorized membership of the board to a motion made for that purpose;
(3) The board may set a date certain as a deadline for submission of any such plan to the authority for review; and
(4) If any such plan is not timely submitted for review in compliance with a dead line set by the board, the authority may adopt another plan as a substitute therefor upon the affirmative vote of two-thirds of the authorized membership of the board to a motion made for that purpose;
provided, however, that where one or more vacancies exist on the board and the board is not otherwise prohibited from entertaining a motion requiring such a supermajority, such motion shall carry on the affirmative vote of two-thirds of the members present. On any motion requiring a supermajority for passage, any abstention not authorized as provided in this chapter shall be deemed an affirmative vote for purposes of pas sage or failure of such motion.

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(b) The Governor may delegate to the authority, by executive order, his or her powers under applicable federal transportation planning and air quality laws and regulations, including without limitation the power to resolve revision disputes between metropoli tan planning organizations and the Department of Transportation under 40 C.F.R. Section 93.105, the power to approve transportation improvement plans under 23 U.S.C. Section 134 and 23 C.F.R. Sections 450.312(b), 450.324(b), and 450.328(a), and the power of approval and responsibilities for public involvement under 23 C.F.R. Sec tion 450.216(a).
(c) The authority shall formulate measurable targets for air quality improvements and standards within the geographic area over which the authority has jurisdiction pursu ant to this chapter, and annually shall report such targets to the Governor, together with an assessment of progress toward achieving such targets and projected measures and timetables for achieving such targets.
50-32-14.
In any case where a development of regional impact, as determined by Department of Community Affairs pursuant to Article 1 of Chapter 8 of this title, is planned within the geographic area over which the authority has jurisdiction which requires the ex penditure of state or federal funds by the state or any political subdivision, agency, authority, or instrumentality thereof to plan for or create transportation services or access to such development, any expenditure of such funds shall be prohibited unless and until the plan for such development and such expenditures is reviewed and ap proved by the authority. The decision of the authority to allow or disallow the expen diture of such funds shall be final and nonreviewable, except that such decision shall be reversed where a resolution for such purpose is passed by vote of three-fourths of the authorized membership of the county commission of the county in which the devel opment of regional impact is planned or, if such development is within a municipality, by vote of three-fourths of the authorized membership of the city council. Such a vote shall not constitute noncooperation with the authority for purposes of Code Section 5032-53.
50-32-15.
(a) In furtherance of the purposes of the authority, no project of the Georgia Rail Pas senger Authority created by Article 9 of Chapter 9 of Title 46 which is located wholly or partly within the geographic area over which the authority has jurisdiction shall be commenced after the effective date of this chapter unless such project is approved by the affirmative vote of two-thirds of the authorized membership of the board of direc tors of the authority to a motion made for that purpose.
(b) From time to time, by the affirmative vote of two-thirds of the authorized member ship of the board of directors of the authority, the authority may direct the Georgia Environmental Facilities Authority to issue revenue bonds, bonds, notes, or other obli gations to finance, in whole or in part, any project of the authority wholly or partly within the geographic area over which the authority has jurisdiction, by means of a loan or other extension of credit from the Georgia Environmental Facilities Authority to the authority, on such terms or conditions as shall be concluded between the two authorities.
50-32-16.
Notwithstanding any provision of law to the contrary, funds appropriated to or other wise obtained by the Department of Transportation pursuant to Article III, Section DC, Paragraph VI(b) of the Constitution of this state and paragraphs (2) and (7) of subsec-

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tion (a) of Code Section 32-2-2 shall not be utilized for planning, designation, improve ment, or construction of any public transportation system or any part of the state highway system lying within the boundaries of a county whose special district created pursuant to this chapter has been activated pursuant to the provisions of this chapter, unless such planning, designation, improvement, or construction has been conducted by or through, or approved by, the authority.
50-32-17.
(a) After the adoption by the authority of a resolution declaring that the acquisition of the real property described therein is necessary for the purposes of this chapter, the authority may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of such power; provided, however, that the provisions of Article 7 of Chapter 16 of this title shall not be applicable to the exercise of the power of eminent domain by the authority. Property already devoted to public use may be acquired, except that no real property belonging to the state other than property acquired by or for the purposes of the Department of Transportation may be acquired without the consent of the state.
(b) Real property acquired by the authority in any manner for the purposes of this chapter shall not be subject to the exercise of eminent domain by any state depart ment, division, board, bureau, commission, authority, or other agency or instrumental ity of the executive branch of state government, or by any political subdivision of the state or any agency, authority, or instrumentality thereof, without the consent of the authority.
50-32-18.
The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this chapter shall be construed to remove any such rights.
50-32-19.
Neither the members of the authority nor any officer or employee of the authority act ing on behalf thereof, while acting within the scope of his or her authority, shall be subject to any liability resulting from:
(1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority;
(2) The construction, ownership, maintenance, or operation of any project, facility, or undertaking authorized by the authority and owned by a local government; or
(3) Carrying out any of the powers expressly given in this chapter.
50-32-20.
(a) The Department of Transportation and the Department of Natural Resources shall provide to the authority and its authorized personnel and agents access to all books, records, and other information resources available to those departments which are not of a commercial proprietary nature, and shall assist the authority in identifying and locating such information resources. Payment for costs of identification, location, transfer, or reproduction of such information resources, including personnel costs in curred by the respective departments for such purposes, shall come from funds appro priated to those respective departments.

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(b) The authority may request from time to time, and the Department of Transporta tion and the Department of Natural Resources shall provide, the assistance of person nel and the use of facilities, vehicles, aircraft, and equipment of those departments, and payment for all costs and salaries thereby incurred shall come from funds appro priated to those respective departments.
ARTICLE 3
50-32-30.
In accomplishing its purposes pursuant to the provisions of this chapter, the authority may utilize, unless otherwise prohibited by law, any combination of the following funding resources:
(1) Revenue bonds as authorized by this chapter;
(2) Guaranteed revenue bonds as authorized by this chapter;
(3) Funds obtained in a special district created and activated pursuant to this chap ter, for the purposes of providing local services within such district or, by contract with, between, and among counties whose territory is coterminous with such a spe cial district, throughout such districts;
(4) Funds appropriated to the authority by the General Assembly;
(5) Moneys borrowed by the authority pursuant to the provisions of this chapter;
(6) Such federal funds as may from time to time be made available to the authority or for purposes coincident with the purposes of the authority within the territory over which the authority has jurisdiction; and
(7) Such grants or contributions from persons, firms, corporations, or other entities as the authority may receive from time to time.
50-32-31.
(a)(l) The authority shall have the power and is authorized at one time or from time to time to provide by one or more authorizing resolutions for the issuance of revenue bonds, but the authority shall not have the power to incur indebtedness under this chapter in excess of the cumulative principal sum of $1 billion but ex cluding from such limit bonds issued for the purpose of refunding bonds which have been previously issued. The authority shall have the power to issue such revenue bonds and the proceeds thereof for the purpose of paying all or part of the costs of any undertaking which is for the purpose of exercising the powers delegated to it by this chapter, and the construction and provision of such installations and facilities as the authority may from time to time deem advisable to construct or contract for those purposes, as such undertakings and facilities shall be designated in the reso lution of the board of directors authorizing the issuance of such bonds.
(2) The revenue bonds and the interest payable thereon shall be exempt from all taxation within the state imposed by the state or any county, municipal corporation, or other political subdivision of the state.
(b) In addition, the authority shall have the power and is authorized to issue bonds in such principal amounts as the authority deems appropriate, such bonds to be prima rily secured by a pool of obligations issued by local governments when the proceeds of the local government obligations are applied to projects of the authority.

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(c) The authority shall have the power from time to time to refund any bonds by the issuance of new bonds whether the bonds to be refunded have or have not matured and may issue bonds partly to refund bonds then outstanding and partly for any other corporate purpose.
(d) Bonds issued by the authority may be general or limited obligations payable solely out of particular revenues or other moneys of the authority as may be designated in the proceedings of the authority under which the bonds shall be authorized to be is sued, subject to any agreements entered into between the authority and state agen cies, local government, or private parties and subject to any agreements with the hold ers of outstanding bonds pledging any particular revenues or moneys.
(e)(l) The authority is authorized to obtain from any department, agency, or corpo ration of the United States of America or governmental insurer, including the state, any insurance or guaranty, to the extent now or hereafter available, as to or for the payment or repayment of interest or principal, or both, or any part thereof on any bonds or notes issued by the authority or on any obligations of federal, state, or lo cal governments purchased or held by the authority; and to enter into any agree ment or contract with respect to any such insurance or guaranty, except to the ex tent that the same would in any way impair or interfere with the ability of the authority to perform and fulfill the terms of any agreement made with the holders of the bonds or notes of the authority.
(2) Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times as the authority determines to be appropriate, except that bonds and any re newal thereof shall mature within 25 years of the date of their original issuance. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in such form, either coupon or registered, as to principal or interest or both principal and interest, carry such registration privi leges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide. Bonds may be sold at public or private sale for such price or prices as the authority shall determine.
(3) Any resolution or resolutions authorizing bonds or any issue of bonds may con tain provisions which may be a part of the contract with the holders of the bonds thereby authorized as to:
(A) Pledging all or part of its revenues, together with any other moneys, securi ties, contracts, or property, to secure the payment of the bonds, subject to such agreements with bondholders as may then exist;
(B) Setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof;
(C) Limiting the purpose to which the proceeds from the sale of bonds may be applied;
(D) Limiting the right of the authority to restrict and regulate the use of any pro ject or part thereof in connection with which bonds are issued;
(E) Limiting the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds;

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(F) Setting the procedure, if any, by which the terms of any contract with bond holders may be amended or abrogated, including the proportion of bondholders which must consent thereto and the manner in which such consent may be given;
(G) Creating special funds into which any revenues or other moneys may be deposited;
(H) Setting the terms and provisions of any trust, deed, or indenture or other agreement under which the bonds may be issued;
(I) Vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the authority may determine;
(J) Defining the acts or omissions to act which may constitute a default in the ob ligations and duties of the authority to the bondholders and providing for the rights and remedies of the bondholders in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of the state and other provisions of this chapter;
(K) Limiting the power of the authority to sell or otherwise dispose of any envi ronmental facility or any part thereof or other property, including municipal bonds held by it;
(L) Limiting the amount of revenues and other moneys to be expended for operat ing, administrative, or other expenses of the authority;
(M) Providing for the payment of the proceeds of bonds, obligations, revenues, and other moneys to a trustee or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine; and
(N) Establishing any other matters of like or different character which in any way affect the security for the bonds or the rights and remedies of bondholders.
(4) In addition to the powers conferred upon the authority to secure its bonds, the authority shall have power in connection with the issuance of bonds to enter into such agreements as the authority may deem necessary, consistent, or desirable con cerning the use or disposition of its revenues or other moneys or property, including the mortgaging of any property and the entrusting, pledging, or creation of any other security interest in any such revenues, moneys, or property and the doing of any act, including refraining from doing any act, which the authority would have the right to do in the absence of such agreements. The authority shall have power to enter into amendments of any such agreements within the powers granted to the authority by this chapter and to perform such agreements. The provisions of any such agreements may be made a part of the contract with the holders of bonds of the authority.
(5) Any pledge of or other security interest in revenues, moneys, accounts, contract rights, general intangibles, or other personal property made or created by the au thority shall be valid, binding, and perfected from the time when such pledge is made or other security interest attaches without any physical delivery of the collat eral or further act, and the lien of any such pledge or other security interest shall be valid, binding, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether or not such par ties have notice thereof. No instrument by which such a pledge or security interest is created nor any financing statement need be recorded or filed.

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(6) All bonds issued by the authority shall be executed in the name of the authority by the chairperson and secretary of the authority and shall be sealed with the offi cial seal or a facsimile thereof. Coupons, if any, shall be executed in the name of the authority by the chairperson of the authority, the facsimile signature of the chairperson and the secretary of the authority may be imprinted in lieu of the man ual signature if the authority so directs; and the facsimile of the chairperson's signa ture shall be used on coupons, if such are attached. Bonds and interest coupons ap purtenant thereto bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid, notwithstand ing the fact that before or after delivery thereof such person ceased to hold such office.
(7) Prior to the preparation of definitive bonds, the authority may issue interim re ceipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter; the authority may provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
(8) All bonds issued by the authority under this chapter may be executed, con firmed, and validated under and in accordance with Article 3 of Chapter 82 of Title 36, except as otherwise provided in this chapter.
(9) The venue for all bond validation proceedings pursuant to this chapter shall be Fulton County, and the Superior Court of Fulton County shall have exclusive final court jurisdiction over such proceedings.
(10) Bonds issued by the authority shall have a certificate of validation bearing the facsimile signature of the clerk of the Superior Court of Fulton County and shall state the date on which said bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court of this state.
(11) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation shall be as follows for each bond, regardless of the denomination of such bond:
(A) One dollar each for the first 100 bonds;
(B) Twenty-five cents each for the next 400 bonds; and
(C) Ten cents for each such bond over 500.
(12) Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the meaning of and for all the purposes of Georgia law subject only to the provisions of the bonds for registration.
(13) Neither the members of the authority nor any person executing bonds shall be liable personally thereon or be subject to any personal liability or accountability solely by reason of the issuance thereof.
(14) The authority, subject to such agreements with bondholders as then may exist, shall have power out of any moneys available therefor to purchase bonds of the au thority, which shall thereupon be canceled, at a price not in excess of the following:
(A) If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date; or

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(B) If the bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the bonds become subject to redemp tion, plus accrued interest to the next interest payment date.
(15) In lieu of specifying the rate or rates of interest which bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or other wise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the author ity to sell such bonds at a discount, even if in doing so the effective interest cost re sulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.
50-32-32.
(a) The authority shall have the power and is authorized to issue $1 billion in guaran teed revenue bonds in a single issue, under the terms and conditions set forth in this chapter, pursuant to the provisions of Article 2 of Chapter 17 of this title, which bonds shall constitute guaranteed revenue debt under Article VII, Section IV, Paragraph III of the Constitution of this state. The General Assembly hereby finds and determines that such issue will be self-liquidating over the life of the issue, and declares its intent to appropriate an amount equal to the highest annual debt service requirements for such issue. The proceeds of such issue may be utilized to finance land public trans portation facilities or systems.
(b) The guaranteed revenue bonds and the interest payable thereon shall be exempt from all taxation within the state imposed by the state or any county, municipal cor poration, or other political subdivision of the state.
50-32-33.
The bonds of the authority are made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, in vestment companies and other persons carrying on a banking business, and adminis trators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of this state and all municipalities for any purposes for which the deposit of bonds or other obligations of this state are now or hereafter may be authorized.
50-32-34.
The State of Georgia does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the ben efit of the holders of bonds or in any way impair the rights and remedies of bondhold-

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ers until the bonds, together with the interest thereon, with interest on any unpaid in stallments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.
50-32-35.
The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, known as the 'Georgia Securi ties Act of 1973.' No notice, proceeding, or publication except those required in this chapter shall be necessary to the performance of any act authorized in this chapter; nor shall any such act be subject to referendum.
50-32-36.
No bonds, notes, or other obligations of and no indebtedness incurred by the authority, other than guaranteed revenue bonds, shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebted ness of the state or its agencies or a cause of action against the state or its agencies; provided, however, the state, to the extent permitted by its Constitution, may guaran tee payment of such bonds, notes, or other obligations as guaranteed revenue debt.
50-32-37.
It is found, determined, and declared that the creation of this authority and the carry ing out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be per forming an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the opera tion or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or oth erwise, and that the bonds, notes, and other obligations of the authority, their trans fer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this chapter shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.
50-32-38.
The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor.
ARTICLE 4
50-32-50.
(a) Any county which is within the geographic area over which the authority has ju risdiction may provide, subject to the authorization of the authority as provided for in this chapter, within the territorial limits of the special district authorized by this

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chapter local government services consisting of public transportation and air quality control, consistent with the terms of any authorizing resolution of the authority and, further, consistent with the regional plan or plans adopted by the authority. In provid ing such local services in such special district pursuant to the provisions of this chap ter, the county shall utilize one or more of the funding mechanisms enumerated in Ar ticle DC, Section II, Paragraph VI of the Constitution of this state for the purpose of funding, in whole or in part, only the local government services authorized by this chapter, and such services may be provided, in whole or in part, pursuant to a con tract between one or more counties whose territory is coterminous with a special dis trict activated pursuant to this chapter.
(b) Projects and facilities for the provision of local services through special districts authorized by this chapter shall be planned by the authority and may be designed, in structed, managed, operated, and funded by the authority in whole or in part.
50-32-51.
(a) For the purposes of this Code section, the term 'lease agreement' shall mean and include a lease, operating lease rental agreement, usufruct, sale and lease back, or any other lease agreement having a term of not more than 50 years and concerning real, personal, or mixed property, any right, title, or interest therein by and between the state, the authority, a local government, or any combination thereof.
(b) A local government by resolution of its governing body may enter into a lease agreement for the provision of public transportation or air quality services utilizing fa cilities owned by the authority upon such terms and conditions as the authority shall determine to be reasonable including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom.
(c) No lease agreement shall be deemed to be a contract subject to any law requiring that a contract shall be let only after receipt of competitive bids.
(d) Any lease agreement may provide for the construction of such public transporta tion or air quality facility by the local government as agent for the authority. In such event, all contracts for such construction shall be let by such local government in ac cordance with the provisions of law otherwise applicable to the letting of such con tracts by such local government and with the provisions of state law pertaining to pre vailing wages, labor standards, and working hours. Any such lease agreement may contain provisions by which such local government shall indemnify the authority against any and all damages resulting from acts or omissions to act on the part of such local government or its officers, agents, or employees in constructing such facility or facilities, in letting any contracts in connection therewith, or in operating and maintaining the same.
(e) Any lease agreement executed by the authority directly with any local government may provide at the termination thereof that title to the public transportation or air quality facility project shall vest in the local government or its successor in interest, if any, free and clear of any liens or encumbrances created in connection with any con tract or bonds, revenue bonds, notes, or other obligations involving the authority.
(f) Any lease agreement directly between the state or authority and a local govern ment may contain provisions requiring the local government to perform any or all of the following:
(1) In the case of a public transportation facility, to establish and collect rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:

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(A) The costs of operation, maintenance, renewal, replacement, and repairs of the public transportation facility of such local government; and
(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such public transportation facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves;
(2) In the case of an air quality facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal, and repairs of the air quality facility of such local government; and
(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such air quality facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves;
(3) To create and maintain reasonable reserves or other special funds;
(4) To create and maintain a special fund or funds as additional security for the punctual payment of any rentals due under such lease agreement and for the de posit therein of such revenues as shall be sufficient to pay said lease rentals and any other amounts becoming due under such lease agreements as the same shall be come due and payable; or
(5) To perform such other acts and take such other action as may be deemed neces sary and desirable by the authority to secure the complete and punctual perform ance by such local government of such lease agreements and to provide for the rem edies of the authority in the event of a default by such local government in such payment.
50-32-52.
(a) The authority may make grants or loans to a local government to pay all or any part of the cost of a project. The authority may require the local government to issue bonds or revenue bonds as evidence of such loans. The authority and a local govern ment may enter into such loan commitments and option agreements as may be deter mined appropriate by the authority.
(b) The authority may require as a condition of any grant or loan to a local govern ment that such local government shall perform any or all of the following:
(1) In the case of grants or loans for a public transportation or air quality facility, establish and collect rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) Costs of operation, maintenance, replacement, renewal, and repairs; and
(B) Outstanding indebtedness incurred for the purposes of such facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obliga tions issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves;
(2) In the case of loans for an air quality facility, establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified por tion of:

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(A) Costs of operation, maintenance, renewal, replacement, and repairs of the air quality facility of such local government; and
(B) Outstanding indebtedness incurred for the purposes of such air quality facil ity, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves;
(3) Create and maintain a special fund or funds, as additional security for the pay ment of the principal of such revenue bonds and the interest thereon and any other amounts becoming due under any agreement, entered into in connection therewith and for the deposit therein of such revenues as shall be sufficient to make such pay ment as the same shall become due and payable;
(4) Create and maintain such other special funds as may be required by the author ity; and
(5) Perform such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, or take other ac tions as may be deemed necessary or desirable by the authority to secure the pay ment of the principal of and interest on such bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any de fault by such local government in such payment.
(c) All local governments issuing and selling bonds, revenue bonds, notes, or other ob ligations to the authority are authorized to perform such acts, take such action, adopt such proceedings, and to make and carry out such contracts with the authority as may be contemplated by this chapter.
(d) In connection with the making of any loan authorized by this chapter, the author ity may fix and collect such fees and charges including, but not limited to, reimburse ment of all costs of financing by the authority, as the authority shall determine to be reasonable. Neither the Public Service Commission nor any local government or state agency shall have jurisdiction over the authority's power over the regulation of such fees or charges.
50-32-53.
No county which, upon the activation of a special district created by this chapter, fails or refuses to cooperate with the authority for the purpose of planning, coordinating, and implementing local government services in such special district as provided for in this chapter and authorized pursuant to a resolution of the authority shall be eligible for any state grant of any kind whatsoever except such grants as may be related di rectly to the physical and mental health, education, and police protection of its re sidents, nor shall any funds appropriated to or otherwise obtained by the Department of Transportation pursuant to Article III, Section DC, Paragraph VT(b) of the Constitu tion of this state and paragraphs (2) and (7) of subsection (a) of Code Section 32-2-2 be utilized for planning, designation, improvement, funding, or construction of any public transportation system or any part of the state highway system lying within the bound aries of such county, or for the maintenance of any public transportation system, high way, road, or bridge operating or located within such county, nor shall such county be permitted to receive federal grants or funds for any such purpose.
50-32-54.

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(a) In the event of a failure of any local government to collect and remit in full all amounts due to the authority and all amounts due to others, which involve the credit or guarantee of the authority or of the state, on the date such amounts are due under the terms of any bond, revenue bond, note, or other obligation of the local government, it shall be the duty of the authority to notify the director of the Office of Treasury and Fiscal Services who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults on any such bond, revenue bond, note, or other obligation.
(b) Nothing contained in this Code section shall mandate the withholding of funds al located to a local government which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state.
ARTICLE 5
50-32-60.
This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter."
SECTION 5.
Said title is further amended by striking paragraph (12) of Code Section 50-23-4, relat ing to definitions relative to the Georgia Environmental Facilities Authority, and in serting in its place a new paragraph (12) to read as follows:
"(12) 'Project' means the acquisition, construction, installation, modification, renova tion, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, in stallation, modification, renovation, repair, extension, renewal, replacement, rehabil itation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential pub lic purpose of providing environmental facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, indus try, agriculture, and employment opportunities, or projects authorized by the Geor gia Regional Transportation Authority created by Chapter 32 of this title as defined in such chapter, where the authority has been directed to issue revenue bonds, bonds, notes, or other obligations to finance such project in whole or in part, pro vided that the authority's power with respect to such projects authorized by the Georgia Regional Transportation Authority shall be limited to providing such financ ing and related matters as authorized by the Georgia Regional Transportation Authority."
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
Senators Perdue of the 18th, Johnson of the 1st, Land of the 16th and others offered the following amendment:
Amend the committee substitute to SB 57 by striking lines 31 through 38 of page 9 and inserting in lieu thereof the following:

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"to be specified by the Governor. The board shall consist of one member from each congressional district in the state and four additional members from the state at large, each appointed by the Governor and confirmed by the Senate. Such members shall be appointed subject to the provisions of subsection (d) of this Code section, and no per son holding any other office of profit or trust under the state shall be appointed to membership on the board.".
By striking line 4 of page 13 and inserting in lieu thereof the following:
"jurisdiction of the authority, a single member who shall reside in such county shall be".

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

Y Balfour Y Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean N Egan N Fort N Gillis N Gingrey N Golden N Guhl

N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James
Johnson,D Y Johnson.E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak

Y Price,R Y Price.T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat N Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 19, nays 36, and the Perdue, Johnson of the 1st, Land et al. amendment was lost.

Senators Land of the 16th, Johnson of the 1st, Perdue of the 18th, and Stephens of the 51st offered the following amendment:
Amend the committee substitute to SB 57 by inserting between lines 7 and 8 of page 35 the following:
"(c) No guaranteed revenue debt shall be incurred under this Code section at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual pay ments for the then current year or any subsequent fiscal year of the state under all contracts then in force to which the provisions of the second paragraph of Article DC, Section VI, Paragraph I(a) of the Constitution of 1976 are applicable, exceed 10 per cent of the total revenue receipts, less refunds of the state treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred.".
On the adoption of the amendment, a roll call was taken and the vote was as follows:

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Y Balfour N Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle Y Cheeks Y Crotts N Dean N Egan N Fort N Gillis Y Gingrey N Golden Y Guhl

N Harbison Y Hecht N Hill N Hooks N Huggins N Jackson N James
Johnson.D Y Johnson, E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak

Y Price,R Y Price,T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat N Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 22, nays 33, and the Land, Johnson of the 1st, et al. amendment was lost.

Senators Land of the 16th, Egan of the 40th, Johnson of the 1st and others offered the following amendment: Amend the committee substitute to SB 57 by striking line 35 on page 1 through line 1 on page 2 and inserting in lieu thereof the following:
"provide for legislative intent; to provide for related". By striking "(a)" on line 25 of page 25. By striking line 34 on page 25 through line 2 on page 26. By striking line 39 on page 42 through line 28 on page 43. By redesignating Section 6 as Section 5. On the adoption of the amendment, a roll call was taken, and the vote was as follows:

Y Balfour N Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan

N Fort N Gillis Y Gingrey N Golden Y Guhl N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James
Johnson,D Y Johnson,E

N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak Y Price.R Y Price.T N Ragan Y Ray

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203

Y Roberts N Scott N Smith N Starr Y Stephens

N Stokes N Streat N Tanksley N Tate Y Thomas,D

N Thomas,N N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 21, nays 34, and the Land, Egan, et al. amendment was lost.
On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th N Brush Y Burton Y Butler N Cable N Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,D Y Johnson,E Y Kemp N Ladd N Lamutt N Land N Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 45, nays 10.
The bill, having received the requisite constitutional majority, was passed by substitute. Senator Thompson of the 33rd moved that SB 57 be immediately transmitted to the House. On the motion, the yeas were 42, nays 1, and SB 57 was immediately transmitted.
The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House:
HB 6. By Representatives Franklin of the 39th, Coan of the 82nd and Massey of the 86th:

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A bill to amend Code Section 18-4-22 of the Official Code of Georgia Anno tated, relating to the exemption of certain pension or retirement funds or ben efits from garnishment until certain payment or transfer thereof, so as to pro vide for such an exemption with respect to additional individual retirement account funds or benefits.
Senator Ragan of the llth introduced the doctor of the day, Dr. Ashley Register of Cairo, Georgia.
The Calendar was resumed.
SB 83. By Senators Hecht of the 34th, Harbison of the 15th, Polak of the 42nd and others:
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 provisions relating to when a former prisoner of war may claim an exemption from ad valorem taxation on a motor vehicle; to provide for related matters; to provide for an effective date and applicability.
Senator Hecht of the 34th asked unanimous consent that SB 83 be dropped to the foot of the Calendar. The consent was granted and SB 83 was dropped to the foot of the Calendar.
SR 22. By Senator Hooks of the 14th:
A resolution designating a bridge on State Route 90 in Macon County as the "William S. Robinson Bridge".
Senator Hooks of the 14th asked unanimous consent that SR 22 be dropped to the foot of the Calendar. The consent was granted and SR 22 was dropped to the foot of the Calendar.
SR 31. By Senator Madden of the 47th:
A resolution designating a portion of State Highway 72 as the "Robert L. Williford Memorial Highway".
Senator Madden of the 47th asked unanimous consent that SR 31 be dropped to the foot of the Calendar. The consent was granted and SR 31 was dropped to the foot of the Calendar.
HB 158. By Representatives Lucas of the 124th, Murphy of the 18th, Coleman of the 142nd and others:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Geor gia Annotated, known as the "State Properties Code," so as to change the pro visions relating to the membership and organization of the State Properties Commission.
Senator Johnson of the 1st asked unanimous consent that HB 158 be dropped to the foot of the Calendar. The consent was granted and HB 158 was dropped to the foot of the Calendar.
HB 189. By Representatives Jenkins of the 110th, Smith of the 109th, Twiggs of the 8th and others:

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205

A bill to amend Code Section 16-11-184 of the Official Code of Georgia Anno tated, relating to regulatory authority of local political subdivisions over fire arms and limitations thereon, so as to reserve to the state the right to bring certain civil actions against firearms manufacturers, trade associations, and dealers.
Senate Sponsor: Senator Streat of the 19th.
Senator Egan of the 40th asked unanimous consent that HB 189 be dropped to the foot of the Calendar. There was objection.
Senator Egan of the 40th moved that HB 189 be dropped to the foot of the Calendar.
On the motion, the yeas were 2, nays 33; the motion failed, and HB 189 was continued on its passage.
The Senate Public Safety Committee offered the following substitute to HB 189:
A BILL
To be entitled an Act to amend Code Section 16-11-184 of the Official Code of Georgia Annotated, relating to regulatory authority of local political subdivisions over firearms and limitations thereon, so as to reserve to the state the right to bring certain civil ac tions against firearms or ammunition manufacturers, trade associations, and dealers; to provide legislative declarations; to provide for legislative intent; to provide for applicabil ity; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 16-11-184 of the Official Code of Georgia Annotated, relating to regulatory authority of local political subdivisions over firearms and limitations thereon, is amended by striking subsections (a) and (b) and inserting in lieu thereof the following:
"(a)(l) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern.
(2) The General Assembly further declares that the lawful design, marketing, manu facture, or sale of firearms or ammunition to the public is not unreasonably danger ous activity and does not constitute a nuisance per se.
(b)(l) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, owner ship, transport, carrying, transfer, sale, purchase, licensing, or registration of fire arms, components of firearms, firearms dealers, or dealers in firearms components.
(2) The authority to bring suit and right to recover against any firearms or ammu nition manufacturer, trade association, or dealer by or on behalf of any governmen tal unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, mar keting, or sale of firearms or ammunition to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local gov ernment authority from bringing an action against a firearms or ammunition manu facturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision or local government authority."
SECTION 2.

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The General Assembly intends that paragraph (2) of subsection (a) of Code Section 1611-184 as enacted by this Act shall embrace the rule of law in Division 1 of Rhodes v. R. G. Industries, Inc., 173 Ga. App. 51 (1984).
SECTION 3. This Act shall apply to any action pending on or brought on or after the date this Act becomes effective.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Johnson of the 1st moved that HB 189 be placed on the Table. On the motion, the President ordered a roll call, and the vote was as follows:

Y Balfour N Blitch N Bowen N Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan Y Fort N Gillis Y Gingrey N Golden Y Guhl

Y Harbison Hecht
N Hill N Hooks N Huggins N Jackson Y James Y Johnson,D Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land Y Lee N Madden N Marable N Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T N Ragan Y Ray Y Roberts Y Scott N Smith N Starr Y Stephens Y Stokes N Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N N Thompson
Walker Y Williams

On the motion, the yeas were 34, nays 20; the motion prevailed, and HB 189 was placed on the Table.
The following communication was filed with the Secretary: On House Bill 189, I was requested to present the Special Drug Prosecutors Act. I was alerted to the vote on HB 189 regarding tabling. The bill was voted on before I could get back. I would have voted against tabling HB 189.
/s/ Greg Hecht Senator-34th
Senator Dean of the 31st moved that HB 189 be taken from the Table. The President ruled the motion out of order. Senator Johnson of the 1st moved that the Senate adjourn. On the motion, the President ordered a roll call, and the vote was as follows:

FRIDAY, FEBRUARY 5, 1999

207

Y Balfour N Blitch N Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan Y Fort N Gillis Y Gingrey N Golden Y Guhl

Y Harbison N Hecht N Hill N Hooks N Huggins N Jackson Y James Y Johnson.D Y Johnson.E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T N Ragan Y Ray Y Roberts Y Scott N Smith N Starr Y Stephens N Stokes N Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N N Thompson N Walker Y Williams

On the motion, the yeas were 33, nays 23; the motion prevailed, and at 11:59 a.m., the President announced the Senate adjourned until 10:00 a.m., Monday, February 8, 1999.

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Senate Chamber, Atlanta, Georgia Monday, February 8, 1999 Sixteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of Friday, February 5, 1999 pro ceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 334. By Representative Epps of the 131st:
A bill to amend an Act incorporating the City of Manchester, so as to provide for municipal elections in November, 1999, and in succeeding years.
HB 427. By Representatives Ehrhart of the 36th, Sauder of the 29th, Kaye of the 37th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit.
HB 433. By Representatives Wiles of the 34th, Parsons of the 40th, Manning of the 32nd and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the solicitor-general.
HB 436. By Representative Greene of the 158th:
A bill to provide a new charter for the City of Cuthbert.
HB 437. By Representative Royal of the 164th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to change certain provisions regarding the election districts of members of the city council and members of the Board of Education of the City of Pelham Public School System.
HB 448. By Representatives Henson of the 65th, Teper of the 61st, Ragas of the 64th and others:
A bill to provide a homestead exemption from certain City of Stone Mountain ad valorem taxes for city purposes in the amount of $14,000.00 of the assessed value of the homestead for certain residents of that city who are 62 years of age or older and whose net income together with the net income of the spouse who resides at the homestead of such resident does not exceed $10,000.00 per annum.
HB 206. By Representative Childers of the 13th:

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209

A bill to amend Code Section 43-26-33 of the Official Code of Georgia Anno tated, relating to titles of licensed practical nurses, so as to require name tags or other identification under certain conditions.
HB 213. By Representatives Twiggs of the 8th, Walker of the 141st, Jenkins of the 110th and others:
A bill to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, so as to define the crime of computer pornography.
HB 88. By Representatives Powell of the 23rd and Hudson of the 156th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Anno tated, relating to the nonapplicability of Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, to certain materials, equip ment, devices, and bona fide coin operated amusement machines, so as to clar ify the applicability of certain criminal statutes to coin operated games or devices.
HB 312. By Representatives Powell of the 23rd, Hudson of the 156th, Walker of the 141st and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to authorize the Georgia Real Estate Appraisers Board to adopt regulations establishing procedures to reduce the use and retention of paper forms and documents, for the submission of forms and documents by facsimile or electronic means, and for satisfying signature requirements by electronic or voice signature or other means.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 238. By Representatives Stephens of the 150th, Purcell of the 147th, Jackson of the 148th and others:
A resolution honoring the life and work of Joseph P. "Joey" Crawford and ex pressing regret at his passing.
The following bills were introduced, read the first time and referred to committees:
SB 120. By Senators Perdue of the 18th and Gillis of the 20th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Geor gia Annotated, relating to procedure for sentencing and imposition of punish ment, so as to provide that any person sentenced for a crime involving the knowing injury or death of a law enforcement officer, firefighter, or emergency medical technician acting in the line of official duty committed on or after the effective date of this Act shall not be eligible for any form of parole or early re lease administered by the State Board of Pardons and Paroles.
Senator Gillis of the 20th gave notice that at the proper time he would move that SB 120 be engrossed.
SB 130. By Senators Meyer von Bremen of the 12th, Walker of the 22nd, Kemp of the 3rd and others:

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A bill to amend Chapter 12 of Title 51 of the Official Code of Georgia Anno tated, relating to damages in tort actions, so as to regulate the transfer of structured settlement payment rights; to define terms; to provide that no such transfer shall be effective unless certain disclosures are made; to provide for a right of rescission with respect to such transactions.
Referred to Committee on Judiciary.
SB 131. By Senators Polak of the 42nd, Land of the 16th, Fort of the 39th and others:
A bill to define and provide for a new category of facilities to be designated as "assisted living facilities" and to include "assisted living facilities -Level I" and "assisted living facilities - Level IF within such category; to amend Code Sec tion 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices, so as to change certain provisions relating to providing personal care services.
Referred to Committee on Health and Human Services.
SB 132. By Senators Fort of the 39th, Scott of the 36th and Walker of the 22nd:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline, so as to require lo cal boards of education to file annual reports with the State Board of Educa tion regarding student discipline actions; to provide for the contents of such reports; to provide for a penalty for failure to file such reports.
Referred to Committee on Education.
SB 133. By Senators Thomas of the 10th, Walker of the 22nd, Balfour of the 9th and others:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Anno tated, relating to speech-language pathologists and audiologists, so as to change the provisions relating to definitions; to change the provision relating to meeting times of the board; to provide for an additional exemption from licensure; to change the standards for licensure; to provide for temporary licenses.
Referred to Committee on Consumer Affairs.
The following bills were read the first time and referred to committees:
HB 6. By Representatives Franklin of the 39th, Coan of the 82nd and Massey of the 86th:
A bill to amend Code Section 18-4-22 of the Official Code of Georgia Anno tated, relating to the exemption of certain pension or retirement funds or ben efits from garnishment until certain payment or transfer thereof, so as to pro vide for such an exemption with respect to additional individual retirement account funds or benefits.
Referred to Committee on Banking and Financial Institutions.
HB 88. By Representatives Powell of the 23rd and Hudson of the 156th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Anno tated, relating to the nonapplicability of Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, to certain materials, equip-

MONDAY, FEBRUARY 8, 1999

211

ment, devices, and bona fide coin operated amusement machines, so as to clar ify the applicability of certain criminal statutes to coin operated games or devices. Referred to Committee on Consumer Affairs.
HB 206. By Representative Childers of the 13th: A bill to amend Code Section 43-26-33 of the Official Code of Georgia Anno tated, relating to titles of licensed practical nurses, so as to require name tags or other identification under certain conditions.
Referred to Committee on Health and Human Services.
HB 213. By Representatives Twiggs of the 8th, Walker of the 141st, Jenkins of the 110th and others:
A bill to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, so as to define the crime of computer pornography.
Referred to Committee on Judiciary.
HB 312. By Representatives Powell of the 23rd, Hudson of the 156th, Walker of the 141st and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to authorize the Georgia Real Estate Appraisers Board to adopt regulations establishing procedures to reduce the use and retention of paper forms and documents, for the submission of forms and documents by facsimile or electronic means, and for satisfying signature requirements by electronic or voice signature or other means.
Referred to Committee on Defense, Science and Technology.
HB 334. By Representative Epps of the 131st:
A bill to amend an Act incorporating the City of Manchester, so as to provide for municipal elections in November, 1999, and in succeeding years.
Referred to Committee on State and Local Governmental Operations.
HB 427. By Representatives Ehrhart of the 36th, Sauder of the 29th, Kaye of the 37th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit. Referred to Committee on State and Local Governmental Operations.
HB 433. By Representatives Wiles of the 34th, Parsons of the 40th, Manning of the 32nd and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the solicitor-general.
Referred to Committee on State and Local Governmental Operations.
HB 436. By Representative Greene of the 158th: A bill to provide a new charter for the City of Cuthbert.

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Referred to Committee on State and Local Governmental Operations.

HB 437. By Representative Royal of the 164th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to change certain provisions regarding the election districts of members of the city council and members of the Board of Education of the City of Pelham Public School System.
Referred to Committee on State and Local Governmental Operations.

HB 448. By Representatives Henson of the 65th, Teper of the 61st, Ragas of the 64th and others:
A bill to provide a homestead exemption from certain City of Stone Mountain ad valorem taxes for city purposes in the amount of $14,000.00 of the assessed value of the homestead for certain residents of that city who are 62 years of age or older and whose net income together with the net income of the spouse who resides at the homestead of such resident does not exceed $10,000.00 per annum.
Referred to Committee on State and Local Governmental Operations.

The following bills were read the second time:

SB 13

SB 52

SB 95

Senator Smith of the 25th moved that Senator Jackson of the 50th be excused. On the motion, the yeas were 50, nays 0; the motion prevailed, and Senator Jackson was excused.

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

Balfour Blitch Bowen Broun, 46th Brown, 26th Brush Burton
5, ,er C_ able C*hgelelks Crotts Dean
Egan Fort Gillis Gingrey Golden Guhl

Harbison Hecht Hill Hooks Huggins James Johnson,D
Johnson,E ,,Kemp Ladd
Lamutt Land
Lee Madden Marable Meyer von Bremen Perdue Polak

Price,R Price.T Ragan Ray Roberts Scott Smith
Starr 0St, ep,hens Stokes
Streat Tanksley
Tate Thomas ,D Thomas,N Thompson Walker Williams

Not answering was Senator: Jackson (excused)

MONDAY, FEBRUARY 8, 1999

213

Senator Dean of the 31st introduced the chaplain of the day, John Cox, of Dallas, Geor gia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 118. By Senator Streat of the 19th:
A resolution honoring the worldwide victims of genocide and recognizing April 24, 1999, as "Georgia Day of Remembrance of the Armenian Genocide of 19151923".
SR 119. By Senators Polak of the 42nd and Egan of the 40th:
SR 120. By Senators Gingrey of the 37th, Price of the 56th and Stephens of the 51st:
A resolution commending the Woodstock Middle School Academic Bowl Team.
HR 238. By Representatives Stephens of the 150th, Purcell of the 147th, Jackson of the 148th and others:
A resolution honoring the life and work of Joseph "Joey" Crawford and expres sing regrets at his passing; and for other purposes.
Time having arrived to entertain the motion, Senator Gillis of the 20th moved that the following bill be engrossed:
SB 120. By Senators Perdue of the 18th and Gillis of the 20th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Geor gia Annotated, relating to procedure for sentencing and imposition of punish ment, so as to provide that any person sentenced for a crime involving the knowing injury or death of a law enforcement officer, firefighter, or emergency medical technician acting in the line of official duty committed on or after the effective date of this Act shall not be eligible for any form of parole or early re lease administered by the State Board of Pardons and Paroles.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 120 was engrossed.
The President referred SB 120 to the Senate Judiciary Committee.
SENATE RULES CALENDAR
Monday, February 8, 1999

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SIXTEENTH LEGISLATIVE DAY

SB 9

Claims Advisory Board-exclude certain small claims from payment (Corr-31st)

SB 28

County Officers', Employees' Health Plan-election of plans (Substitute)(Amendment)(I&L-20th)

SB 37

Farmers' Mutual Fire Insurance Policy for Fire Only-risk amount (Substitute)(I&L-47th)

SB 47 SB 83

Loads of Unprocessed Forest Products-strobe lights, flags at rear (Trans-20th)
Motor Vehicle Ad Valorem Tax-when former prisoner of war may claim exemption (Amendment)(F&PU-34th)

SR 22 William S. Robinson Bridge-designate (Trans-14th)

SR 31 Robert L. Williford Memorial Highway-designate (Trans-47th)
Respectfully submitted, /s/ Scott of the 36th, Chairman
Senate Rules Committee
The following general bills were read the third time and put upon their passage:

SB 9. By Senators Dean of the 31st, Hill of the 4th, Johnson of the 2nd and Marable of the 52nd:

A bill to amend Article 4 of Chapter 5 of Title 28 of the Official Code of Geor gia Annotated, relating to the Claims Advisory Board, so as to exclude certain small claims from payment by the Claims Advisory Board and the state de partment or agency affected.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis

Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins EX Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land

Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price.R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes

MONDAY, FEBRUARY 8, 1999

215

Y Streat Y Tanksley Y Tate

Y Thomas,D Y Thomas,N Y Thompson

Y Walker Y Williams

On the passage of the bill, the yeas were 55, nays 0.
The bill, having received the requisite constitutional majority, was passed. Senator Hooks of the 14th moved that the following bill, having been read the third time on February 5, 1999 and placed on the Table, be taken from the Table:

HB 189. By Representatives Jenkins of the 110th, Smith of the 109th, Twiggs of the 8th and others:
A bill to amend Code Section 16-11-184 of the Official Code of Georgia Anno tated, relating to regulatory authority of local political subdivisions over fire arms and limitations thereon, so as to reserve to the state the right to bring certain civil actions against firearms manufacturers, trade associations, and dealers.
On the motion, the President ordered a roll call and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th N Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan N Fort Y Gillis N Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins EX Jackson N James Y Johnson,D N Johnson,E Y Kemp N Ladd N Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen N Perdue Y Polak

N Price,R N Price,T Y Ragan N Ray N Roberts N Scott Y Smith Y Starr N Stephens Y Stokes
Streat N Tanksley N Tate N Thomas,D Y Thomas,N Y Thompson Y Walker N Williams

On the motion, the yeas were 28, nays 26; the motion prevailed, and HB 189 was taken from the Table and placed at the foot of the Rules Calendar for today.
The Calendar was resumed.

SB 28. By Senators Gillis of the 20th, Dean of the 31st, Bowen of the 13th and others:
A bill to amend Code Section 45-18-5 of the Official Code of Georgia Anno tated, relating to the county officers' and employees' health plans, so as to amend certain provisions relating to election of plans; to provide for related matters; to provide an effective date.
The Senate Insurance and Labor Committee offered the following substitute to SB 28:

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JOURNAL OF THE SENATE

A BILL
To be entitled an Act to amend Code Section 20-2-55 of the Official Code of Georgia An notated, relating to per diem, expenses, and health insurance coverage of local board of education members, so as to provide for health insurance coverage of such members by inclusion in the state employees' health insurance plan; to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for health insurance coverage of local board of education members by inclusion in such plan; to change certain provisions relating to in clusion of county officers and employees within health insurance plans; to provide for re lated matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem, ex penses, and health insurance coverage of local board of education members, is amended by striking paragraph (1) of subsection (b) and inserting in lieu thereof the following:
"(b)(l) A local board of education is authorized to provide group medical and dental insurance for its members who elect to participate. Such insurance may be provided through a group policy secured by the local school district, a group policy secured by several local school districts, ui by a policy secured by an organization of local school boards, or by contract with the Georgia School Boards Association, Inc., under Code Section 45-18-5 for the inclusion of members of the local board of education and their spouses and dependents within any health insurance plan or plans established under Article 1 of Chapter 18 of Title 45. A board providing such insurance shall pay no greater percentage of the cost of that insurance than the percentage of the cost paid as an employer contribution by the state for the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45. The remainder of such insurance costs, and all the costs of any coverage for family members, shall be paid as an employee contribution by the board member."
SECTION 2.
Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by striking Code Section 45-18-5, relating to inclusion of county officers and employees within the plan, and inserting in lieu thereof the following:
"45-18-5.
(a) The board is authorized to contract with the various counties of this state for the inclusion of the employees of any county within any health insurance plan or plans es tablished under this article. The various counties of this state are authorized to con tract with the board as provided in this Code section. In the event that any such con tract is entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its employees such payment as may be required under any health insurance plan and to remit the same to the board for inclusion in the health insurance fund. In addition, it shall be the duty of such county or counties to make the employer contributions required for the operation of such plan or plans.
\,DJ 11 cl COUHty ilOtiS 110 L ullci. ui1 piGVluc il lifecill/li iiioui cin
Iictill/li ut^iidlLS J^liili lui' iLS CuuiiL^y ulliutil'fcij Llicii SilCll CGUllty Ol~
ficuis, by majuiily vute, County officials may elect to be included in a health insurance

MONDAY, FEBRUARY 8, 1999

217

plan, health maintenance organization, or other health benefits plan offered or pro vided by a county for its county officials or any health plan or plans established under this article. The comity commissioner governing authority of a county may elect by majority vote to provide for payment in a uniform manner of any portion, all, or none of the employer contributions for or required premiums or payments due from the county officers officials or former county officeis officials who under this Code section are eligible for inclusion in the health plan or plans established under this article. The board is authorized to contract with the County Officers Association of Georgia on behalf of the various counties of this state for the inclusion in any health insurance plan or plans established under this article employees of officials, spouses, and depen dents of employees officials serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor; or solicitor-general, chief magistrate, or fafr Unit! chaii pel sun of the boaid uf aimmissioiieis, members of the county governing au thority and employees officials, spouses, and dependents of employees officials leaving employment, office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor; or solicitor-general, chief magistrate, or full-time tliaiipei'hon uf the boaid of commis sioners members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the board as provided in this Code section. In the event that such a contract is entered into, it shall be the duty of the County Of ficers Association of Georgia to collect from the various counties of this state with which it has contracted under this subsection and remit same to the board such pay ment as may be required under any health insurance plan for inclusion in the health insurance fund. The County Officers Association of Georgia may add a reasonable fee to the premiums required under the plan to cover necessary administrative costs. In addition, it shall be the duty of the County Officers Association of Georgia to maintain and remit to the board accurate records of employee official, dependent, and other in formation required by the board to administer this Code section.
(c) The various counties of this state are authorized to contract with the County Of ficers Association of Georgia for the inclusion in any health insurance plan or plans established under this article employ net. of officials, spouses, and dependents of em= ployees officials serving in one or more of the following capacities: probate judge, sher iff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor; or solicitor-general, chief magistrate, or full-time chaiipeihuu uf Lhe buaij of commisbioiieis, members of the county governing authority and employees officials, spouses, and dependents of employees officials leaving employment office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor; or solici tor-general, chief magistrate, or full-Lime chaiipeisoii of the boaid uf commissioners members of the county governing authority. The County Officers Association of Geor gia is authorized to contract with the various counties of the state as provided in this Code section. In the event that any such contracts are entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its employees officials and otherwise collect from former employees officials such pay ment as may be required under any health insurance plan and to remit the same to the County Officers Association of Georgia for payment to the board. Iii addition To the extent employer contributions are not fully made by a county, it shall be the duty

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of such cuualy ui cumitiuM the covered officials and former officials to make the such employer contributions required on their behalf of Kiuyluyees ami funutii employ net! for the operation of such plan or plans.
(c.l)(l) Any local board of education may elect for members thereof and their spouses and dependents to be included in any health plan or plans established under this article. The board is authorized to contract with the Georgia School Boards Association, Inc., on behalf of the various local boards of education of this state for the inclusion in any health insurance plan or plans established under this article persons serving as members of local boards of education and their spouses and dependents. The Georgia School Boards Association, Inc., is authorized to con tract with the board as provided in this Code section. In the event that such a con tract is entered into, it shall be the duty of the Georgia School Boards Association, Inc., to collect from the various local boards of education of this state with which it has contracted under this subsection such payment as may be required under any health insurance plan for inclusion in the health insurance fund and to remit the same to the board. In addition, it shall be the duty of the Georgia School Boards Association, Inc., to maintain and remit to the board accurate records of member, spouse, dependent, and other information required by the board to administer this Code section.
(2) The various local boards of education of this state are authorized to contract with the Georgia School Boards Association, Inc., for the inclusion in any health in surance plan or plans established under this article persons serving as members of local boards of education and their spouses and dependents. The Georgia School Boards Association, Inc., is authorized to contract with the various local boards of education of the state as provided in this Code section. In the event that any such contracts are entered into, it shall be the duty of any local boards of education so contracting to deduct from the salary or other compensation of its members such payment as may be required under paragraph (1) of subsection (b) of Code Section 20-2-55 and to remit the same to the Georgia School Boards Association, Inc., for payment to the board.
(d) In administering this Code section, it shall be the responsibility of the board to de velop rates for coverage based on the actual claims experience of the individuals cov ered by this Code section.
(e) Nothing in this Code section shall preclude the exercise of any options or rights otherwise available to such county officers or members of local boards of education under other state or federal laws which relate to extension or continuation of health benefits."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senator Kemp of the 3rd offered the following amendment:
Amend the committee substitute to SB 28 by inserting on line 10 page 3 after the word solicitor "state court clerk"
By inserting on line 19 page 3 after the word solicitor "state court clerk"
By inserting on line 10 page 4 after the word solicitor "state court clerk"

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219

On the adoption of the amendment, the yeas were 33, nays 0, and the Kemp amendment to the committee substitute was adopted.

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

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks
Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins EX Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts
Scott Y Smith Y Starr
Stephens Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Price of the 28th introduced the doctor of the day, Dr. Kay Crosby of Newnan, Georgia. The Calendar was resumed.

SB 37. By Senator Madden of the 47th:
A bill to amend Code Section 33-16-14 of the Official Code of Georgia Anno tated, relating to limitations on amounts of risk applicable to farmers' mutual fire insurance companies, so as to provide an exception applicable to certain companies issuing policies insuring against loss or damage by fire only.
The Senate Insurance and Labor Committee offered the following substitute to SB 37:
A BILL To be entitled an Act to amend Code Section 33-16-14 of the Official Code of Georgia An notated, relating to limitations on amounts of risk applicable to farmers' mutual fire in surance companies, so as to change certain limitation amounts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

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Code Section 33-16-14 of the Official Code of Georgia Annotated, relating to limitations on amounts of risk applicable to farmers' mutual fire insurance companies, is amended by striking subsection (a) and inserting in lieu thereof the following:

"(a) The maximum amount of insurance that a farmers' mutual fire insurance com pany may retain on any subject or subjects of insurance reasonably exposed to loss from the same fire shall not exceed the amount prescribed in the following schedule:

Amount of Insurance in Force

Maximum Risk

100,000 but less than 250,000 but less than 400,000 but less than 600,000 but less than 900,000 but less than 1,200,000 but less than 1,500,000 but less than 2,000,000 but less than 2,500,000 but less than 3,000,000 but less than 3,500,000 but less than
7,000,000 and over.

i 250,000.................$ %eee5,000 400,000.................... a^ee 5,000 eoo.ooo.................... 8#ee 5,000
900,000.................... 4^566 5,000 1,200,000............................6,000 1,500,000............................7,500 2,000,000.......................... 10,000 2,500,000.......................... 12,500 3,000,000.......................... 15,000 3,500,000.......................... 17,500 7,000,000.......................... 35,000 ...................................... 50,000"

SECTION 2.

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

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

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

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

Y Balfour Y Blitch
Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins EX Jackson
James Y Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr
Stephens Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 0.

MONDAY, FEBRUARY 8, 1999

221

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

SB 47. By Senators Gillis of the 20th, Hill of the 4th, Dean of the 31st and others:

A bill to amend Code Section 32-6-24 of the Official Code of Georgia Anno tated, relating to regulation of length and loads of vehicles, so as to provide that the rear extremity of loads of unprocessed forest products shall be marked with an amber strobe warning light and warning flags which meet certain requirements of law; to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, so as to change the provisions relating to light or flag on projecting load.

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins EX Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed.
Senator Broun of the 46th introduced Beth Shapiro, recipient of the Rhodes Scholarship, commended by SR 5, adopted previously. The Calendar was resumed.

SB 83. By Senators Hecht of the 34th, Harbison of the 15th, Polak of the 42nd and others:
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 provisions relating to when a former prisoner of war may claim an exemption from ad valorem taxation on a motor vehicle; to provide for related matters; to provide for an effective date and applicability.

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The Senate Finance and Public Utilities Committee offered the following amendment:

Amend SB 83 by inserting after the word "owned" on line 15 of page 1 the following:

"or leased",

and by inserting after the word "owns" on line 26 of page 1 the following:

"or leases".

On the adoption of the amendment, the yeas were 0, nays 34, and the committee amend ment was lost.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins EX Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 2. The bill, having received the requisite constitutional majority, was passed.

SR 22. By Senator Hooks of the 14th:
A resolution designating a bridge on State Route 90 in Macon County as the "William S. Robinson Bridge".

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Y Balfour Blitch
Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton

Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan

Y Fort Y Gillis Y Gingrey Y Golden
Guhl Y Harbison Y Hecht

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223

Y Hill Y Hooks Y Huggins EX Jackson Y James Y Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee

Y Madden Y Marable Y Meyer von Bremen Y Perdue
Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith

Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 31. By Senator Madden of the 47th:

A resolution designating a portion of State Highway 72 as the "Robert L. Williford Memorial Highway".

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins EX Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price.R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
Senator Smith of the 25th recognized the Georgia Association of Educators, commended by SR 112, adopted previously. The Calendar was resumed.

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HB 189. By Representatives Jenkins of the 110th, Smith of the 109th, Twiggs of the 8th and others:
A bill to amend Code Section 16-11-184 of the Official Code of Georgia Anno tated, relating to regulatory authority of local political subdivisions over fire arms and limitations thereon, so as to reserve to the state the right to bring certain civil actions against firearms manufacturers, trade associations, and dealers.
Senate Sponsor: Senator Streat of the 19th.
The Senate Public Safety Committee offered the following substitute to HB 189:
A BILL
To be entitled an Act to amend Code Section 16-11-184 of the Official Code of Georgia Annotated, relating to regulatory authority of local political subdivisions over firearms and limitations thereon, so as to reserve to the state the right to bring certain civil ac tions against firearms or ammunition manufacturers, trade associations, and dealers; to provide legislative declarations; to provide for legislative intent; to provide for applicabil ity; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 16-11-184 of the Official Code of Georgia Annotated, relating to regulatory authority of local political subdivisions over firearms and limitations thereon, is amended by striking subsections (a) and (b) and inserting in lieu thereof the following:
"(a)(l) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern.
(2) The General Assembly further declares that the lawful design, marketing, manu facture, or sale of firearms or ammunition to the public is not unreasonably danger ous activity and does not constitute a nuisance per se.
(b)(l) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, owner ship, transport, carrying, transfer, sale, purchase, licensing, or registration of fire arms, components of firearms, firearms dealers, or dealers in firearms components.
(2) The authority to bring suit and right to recover against any firearms or ammu nition manufacturer, trade association, or dealer by or on behalf of any governmen tal unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, mar keting, or sale of firearms or ammunition to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local gov ernment authority from bringing an action against a firearms or ammunition manu facturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision or local government authority."
SECTION 2.
The General Assembly intends that paragraph (2) of subsection (a) of Code Section 1611-184 as enacted by this Act shall embrace the rule of law in Division 1 of Rhodes v. R. G. Industries, Inc., 173 Ga. App. 51 (1984).
SECTION 3.

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225

This Act shall apply to any action pending on or brought on or after the date this Act becomes effective.
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.

Senators Ladd of the 41st and Johnson of the 1st offered the following amendment:
Amend the committee substitute to HB 189 by adding after "intent;" on line 7 of page 1 the following:
"to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding political subdivisions and other governmental entities, so as to reserve to the state the right to bring certain civil actions against product manu facturers and dealers except under certain conditions;".
By adding between lines 14 and 15 of page 2 the following:
"SECTION 1.1.
Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general pro visions regarding political subdivisions and other governmental entities, is amended by adding at the end a new Code section to read as follows:
'36-80-18.

The authority to bring suit and right to recover against any product manufacturer or dealer by or on behalf of any political subdivision or local government authority for damages, abatement, or injunctive relief resulting from or relating to the lawful de sign, marketing, or sale of such product to the public shall be reserved to the state. This Code section shall not prohibit a political subdivision or local government author ity from bringing an action against such a manufacturer or dealer for breach of con tract or warranty as to products purchased by the political subdivision or local govern ment authority.'"
On the adoption of the amendment, Senator Balfour of the 9th called for the yeas and nays. The call was sustained, and the vote was as follows:

Y Balfour N Blitch N Bowen N Broun, 46th Y Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle Y Cheeks Y Crotts N Dean N Egan N Fort

N Gillis Y Gingrey N Golden Y Guhl N Harbison N Hecht N Hill N Hooks N Huggins EX Jackson N James N Johnson,D Y Johnson,E N Kemp Y Ladd

Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak Y Price.R Y Price.T N Ragan N Ray Y Roberts N Scott N Smith

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N Starr Y Stephens N Stokes N Streat

Y Tanksley N Tate Y Thomas,D N Thomas,N

N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 22, nays 33, and the Ladd and John son of the 1st amendment to the committee substitute was lost.

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean N Egan N Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins EX Jackson N James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue N Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts N Scott Y Smith Y Starr Y Stephens N Stokes Y Streat Y Tanksley N Tate Y Thomas,D N Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the substitute, the yeas were 45, nays 10, and the committee substi tute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean N Egan N Fort

Y Gillis Y Gingrey Y Golden Y Guhl N Harbison Y Hecht Y Hill Y Hooks Y Huggins EX Jackson N James Y Johnson.D Y Johnson,E Y Kemp Y Ladd

Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue N Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts N Scott Y Smith

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227

Y Starr Y Stephens N Stokes Y Streat

Y Tanksley N Tate Y Thomas,D N Thomas,N

Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 44, nays 11. The bill, having received the requisite constitutional majority, was passsed by substitute. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow; the motion prevailed, and at 12:03 p.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Tuesday, February 9, 1999 Seventeenth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
SB 34. By Senators Ragan of the llth, Marable of the 52nd, Hill of the 4th 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.
HB 147. By Representatives Buck of the 135th, Jamieson of the 22nd, Connell of the 115th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Geor gia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to federal qualified transportation fringe benefits.
HB 371. By Representatives Martin of the 47th, Tolbert of the 25th, Alien of the 117th and others:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Geor gia Annotated, relating to general provisions relative to the superior courts, so as to change provisions relating to the employment of law clerks and court ad ministrators; to change law clerks to law assistants.
HB 211. By Representatives Walker of the 141st and Buck of the 135th:
A bill to amend Article 6 of Chapter 3 of Title 20 of the Official Code of Geor gia Annotated, the "Private Colleges and Universities Authority Act," so as to change the definition of the term "institution of higher education" for purposes of said article; to thereby change the scope and operation of said article.
The following bills were introduced, read the first time and referred to committees:
SB 134. By Senator Thompson of the 33rd:

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229

A bill to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas Counties, as amended, so as to change the provisions relating to the time of election, taking of office, and terms of of fice of the mayor and councilmembers; to provide for the authority of this Act.
Referred to Committee on State and Local Governmental Operations.
SB 135. By Senators Thompson of the 33rd and Tanksley of the 32nd:
A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to change certain provisions relating to pur poses of community improvement districts.
Referred to Committee on State and Local Governmental Operations.
SB 136. By Senators Thompson of the 33rd and Tanksley of the 32nd:
A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to clarify the purpose of the Act.
Referred to Committee on State and Local Governmental Operations.
SB 137. By Senator Madden of the 47th:
A bill to amend Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to persons in whom parental power lies, how such power lost, and re lated matters, so as to provide that a great-grandparent may participate in an action for child custody.
Referred to Committee on Judiciary.
SB 138. By Senators James of the 35th, Butler of the 55th, Thomas of the 10th and others:
A bill to amend Code Section 46-5-134 of the Official Code of Georgia Anno tated, relating to the billing of telephone subscribers for an emergency tele phone number "911" system, so as to authorize the payment from an Emer gency Telephone System Fund maintained by a local government of certain personnel and supply costs, the costs of leasing, purchasing, or maintaining certain equipment, and certain other costs associated with the operation of an emergency "911" system.
Referred to Committee on Finance and Public Utilities.
SR 123. By Senators Harbison of the 15th and Walker of the 22nd:
A resolution creating the Senate Scope of Health Care Practice Study Committee.
Referred to Committee on Rules.
The following bills were read the first time and referred to committees:
HB 147. By Representatives Buck of the 135th, Jamieson of the 22nd, Connell of the 115th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Geor gia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to federal qualified transportation fringe benefits.
Referred to Committee on Finance and Public Utilities.

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HB 211. By Representatives Walker of the 141st and Buck of the 135th:
A bill to amend Article 6 of Chapter 3 of Title 20 of the Official Code of Geor gia Annotated, the "Private Colleges and Universities Authority Act," so as to change the definition of the term "institution of higher education" for purposes of said article; to thereby change the scope and operation of said article.
Referred to Committee on Higher Education.

HB 371. By Representatives Martin of the 47th, Tolbert of the 25th, Alien of the 117th and others:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Geor gia Annotated, relating to general provisions relative to the superior courts, so as to change provisions relating to the employment of law clerks and court ad ministrators; to change law clerks to law assistants.
Referred to Committee on Special Judiciary.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 93. Do pass. SB 105. Do pass by substitute.

SB 113. Do pass as amended.

Respectfully submitted,

Senator Kemp of the 3rd District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 73. Do pass by substitute. SB 104. Do pass.

SB 108. Do pass. SB 111. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:
The Committee on Reapportionment has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 109. Do pass.
Respectfully submitted, Senator Blitch of the 7th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consid eration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

TUESDAY, FEBRUARY 9, 1999

231

HB 360. Do pass.

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

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

Balfour Blitch Bowen Broun, 46th Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden

Guhl Harbison Hecht Hill Hooks Jackson James Johnson,D Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer von Bremen

Perdue Price,R Price.T Ragan Ray Roberts Scott Smith Starr Stephens Stokes Streat Tanksley Tate Thomas,D Thompson Williams

Those not answering were:

Brown, 26th Huggins

Polak Thomas,N

Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Golden of the 8th introduced the chaplain of the day, Reverend V. L. Daughtery, minister of Park Avenue United Methodist Church, Valdosta, Georgia, who offered scrip ture reading and prayer.
The following communication was received by the Secretary:
To the Secretary of the Senate, On February 9th, I am present.
/s/ Mike Polak District 42
The following resolutions were read and adopted:
SR 121. By Senators Brown of the 26th, Cable of the 27th and Perdue of the 18th: A resolution commending the mayor and council of the City of Macon, the members of the Board of Commissioners of Bibb County, the Keep Macon-Bibb Beautiful Commission, and the Cherry Blossom Festival Board with respect to the annual Cherry Blossom Festival.

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SR 122. By Senator Blitch of the 7th: A resolution in memory of James Edward Giddens.

SR 124. By Senator Harbison of the 15th:
A resolution commending Fourth Street Missionary Baptist Church of Colum bus, Georgia.

SR 125. By Senator Harbison of the 15th:
A resolution commending Diane Tucker and welcoming her to Columbus, Georgia.

Senator Land of the 16th moved that the following bill be withdrawn from the Senate Corrections, Correctional Institutions and Property Committee and committed to the Senate Special Judiciary Committee:

SB 11. By Senators Land of the 16th, Johnson of the 1st, Perdue of the 18th and others:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Geor gia Annotated, relating to procedure for sentencing and imposition of punish ment, so as to provide that any person sentenced to imprisonment other than a sentence of life imprisonment for the first conviction or any subsequent con viction of any serious felony committed on or after the effective date of the 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.
Senator Land of the 16th called for the yeas and nays. The call was sustained, and the vote was as follows:

Y Balfour N Blitch N Bowen N Broun, 46th
Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle
Cheeks Y Crotts N Dean Y Egan N Fort N Gillis
Gingrey N Golden Y Guhl

N Harbison N Hecht
Hill N Hooks N Huggins N Jackson N James N Johnson,D Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak

Y Price,R Y Price.T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat Y Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams

On the motion, the yeas were 21, nays 31, and the motion to withdraw and commit was lost.

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233

The following local, uncontested bill of the House, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, February 9, 1999 SEVENTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the leg islation.)

HB 360

Cheeks, 23rd Walker, 22nd RICHMOND COUNTY

A bill to amend an Act creating the Civil Court of Richmond County, so as to provide for the personnel of said court; to provide for the sal ary of the marshal of such court; to change from appointment to elec tion of the marshal.
The report of the committee, which was favorable to the passage of the bill as reported, was agreed to.
On the passage of the bill on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue
Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

On the passage of the local bill, the yeas were 51, nays 0.
The bill on the Local Consent Calendar, having received the requisite constitutional ma jority, was passed.

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SENATE RULES CALENDAR
Tuesday, February 9, 1999 SEVENTEENTH LEGISLATIVE DAY

SB 17

Stone Mountain Memorial Association-purposes, association fund (Substitute)(EDT&CA-5th)

SB 30 Public Swimming Pools-regulation (SubstituteXNat R-35th)

SB 56

Cities Over 300,000-venue of state court regarding traffic offense (Judy-lOth)

SB 66 SB 76

Health Insurance-coverage for dental anesthesia, hospital charges (Substitute)(H&HS-43rd)
Sports Hall of Fame Authority-change membership (EDT&CA-26th)

SB 95 Cosmetology-education, training (SLGO-G-lOth)

SR 88

Joint Study Committee on Partnership, Georgia Medical College and Richmond County University Hospital-create (H&HS-22nd)

HB 158 State Properties Commission; membership; include Secretary of State (Amendment)(F&PU-lst) Lucas-124th

Respectfully submitted, 1st Scott of the 36th, Chairman
Senate Rules Committee
The following general bills were read the third time and put upon their passage:

SB 17. By Senators Burton of the 5th and Ladd of the 41st:
A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the "Stone Mountain Memorial Association Act," so as to provide for the purposes of the association; to change certain provisions regarding the association fund; to create the association improve ment fund and provide for expenditure of revenue of such fund.
The Senate Economic Development, Tourism and Cultural Affairs Committee offered the following substitute to SB 17:
A BILL
To be entitled an Act to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the "Stone Mountain Memorial Association Act," so as to provide for the purposes of the association; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, re lating to the "Stone Mountain Memorial Association Act," is amended by adding follow ing Code Section 12-3-192 a new Code section to read as follows:
"12-3-192.1.
The purposes of the Stone Mountain Memorial Association shall include:

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235

(1) To preserve the natural areas situated within the Stone Mountain Park area;

(2) To provide access to Stone Mountain for Georgia's citizens; and

(3) To maintain an appropriate and suitable memorial for the Confederacy."

SECTION 2.

This Act shall become effective on July 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 35, nays 0, and the substitute was adopted.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan N Fort Y Gillis Y Gingrey Y Golden Y Guhl

Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 30. By Senators James of the 35th and Butler of the 55th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.
The Senate Natural Resources Committee offered the following substitute to SB 30:
A BILL

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To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relat ing to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools; to pro vide for suction hazard reduction; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as "Michelle's Law."
SECTION 2.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by ad ding at the end thereof a new Chapter 43 to read as follows:
"CHAPTER 43 31-43-1.
The purpose of this chapter is to protect the public health and safety through the proper design, operation, and maintenance of public swimming pools. 31-43-2.
As used in this chapter, the term 'public swimming pool,' 'swimming pool,' or 'pool' means any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with build ings, appurtenances, and equipment used in connection with the body of water, re gardless of whether a fee is charged for its use. The term includes municipal, school, hotel, motel, apartment, boarding house, athletic club, or other membership facility pools and spas. This chapter shall not apply to a private pool serving a single family dwelling and used only by the residents of the dwelling and their guests. This chapter also shall not apply to therapeutic pools used in physical therapy programs operated by medical facilities licensed by the department or operated by a licensed physical therapist, nor to therapeutic chambers drained, cleaned, and refilled after each indi vidual use. 31-43-3.
(a) On or after July 1, 1999, a permit shall be obtained from the county board of health in the county in which a public swimming pool is located prior to construction or continued operation of a public swimming pool. When the ownership of a public swimming pool changes or if the pool is leased by the owner, it shall be the responsi bility of the new owner or lessee to secure a permit issued in his or her name.
(b) Unless suspended or revoked, a swimming pool operation permit shall be valid for the period of operation specified in the application, but in no event shall it be valid for more than 12 months. 31-43-4.
A separate application for an operation permit must be submitted for each public swimming pool. The owner or operator shall apply annually to the county board of health for an operator's permit. A form must be obtained from the county board of health to provide:
(1) The owner's name, address, and telephone number;

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(2) The operator's name, address, and telephone number;
(3) The street address of the public swimming pool;
(4) The physical location of the public swimming pool;
(5) The type of public swimming pool;
(6) The construction date, if applicable;
(7) The proposed operating dates;
(8) The type of disinfection; and
(9) The signature of the owner or a designated representative of the owner. 31-43-5.
Construction of public swimming pools and additions and alterations to such pools may start only upon issuance and receipt of a permit pursuant to Code Section 31-433 and shall be in compliance with plans and data submitted in accordance with Code Section 31-43-4 and other data approved by the county board of health of the county in which each pool is located. 31-43-6.
A permittee shall notify the county board of health at the time of completion of the construction of a public swimming pool to permit inspection before the pool is placed in operation. 31-43-7.
Each public swimming pool shall be inspected by the county board of health to deter mine compliance with this chapter and with the rules and regulations adopted by the Department of Human Resources. Pools which open on or after April 1 and which close on or before October 31 shall be inspected at least once during the period of op eration. All other pools shall be inspected at least twice a year. 31-43-8.
A permit for a public swimming pool may be suspended or revoked by the county board of health for failure to comply with the provisions of this chapter and the rules and regulations adopted by the Department of Human Resources. 31-43-9.
(a) The Department of Human Resources shall adopt and promulgate rules and regu lations concerning the construction and operation of public swimming pools. The De partment of Human Resources shall classify public swimming pools on the basis of size, usage, type, or any other appropriate factor and shall adopt requirements for each classification. The rules shall include requirements for:
(1) Submission and review of plans prior to construction;
(2) Application, review, expiration, renewal, and revocation or suspension of an op erating permit;
(3) Inspection;
(4) Design and construction including materials, depth and other dimensions, and standards for the abatement of suction hazards; and
(5) Operation and safety including water source, water quality and testing, fencing, water treatment, chemical storage, toilet and bath facilities, measures to ensure the personal cleanliness of bathers, safety equipment and other safety measures, and sewage and other waste-water disposal.

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Public swimming pools constructed or remodeled prior to July 1, 1999, that do not meet specific design and construction requirements of the rules for public swimming pools adopted by the Department of Human Resources shall not be required to comply with design and construction requirements other than requirements related to the abatement of suction hazards. Public swimming pools constructed or remodeled prior to July 1, 1999, shall comply with all other rules for public swimming pools adopted by the Department of Human Resources by July 1, 2000.
(b) No single drain, single-suction outlet public swimming pool shall be allowed to op erate unless an antivortex cover is properly installed.
31-43-10.
Each county board of health and its duly authorized agents are authorized and em powered to enforce compliance with the provisions of this chapter and the rules and regulations relating to public swimming pools adopted and promulgated by the De partment of Human Resources and, in connection therewith, to enter upon and inspect the premises of a public swimming pool at any reasonable time and in a reasonable manner."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

Senators Ray of the 48th, Blitch of the 7th and Lee of the 29th offered the following amendment:
Amend the Senate Natural Resources Committee substitute to SB 30 by striking lines 3 and 4 on page 2 and inserting in lieu thereof the following:
"a private pool serving a single family dwelling or a group of single family dwellings pursuant to an agreement among the owners of such dwellings relative to the owner ship, maintenance, and use of such pool and used only by the residents and their guests. This chapter also shall not apply to a private pool owned and maintained by a nonprofit corporation created as a homeowners' association if use of the pool is re stricted to the members of the association and their guests."
On the adoption of the amendment, Senator Walker of the 22nd called for the yeas and nays. The call was sustained, and the vote was as follows:

Y Balfour Y Blitch N Bowen N Broun, 46th
Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle
Cheeks Y Crotts N Dean N Egan N Fort N Gillis

N Gingrey Y Golden Y Guhl N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James N Johnson,D Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land

Y Lee N Madden N Marable Y Meyer von Bremen Y Perdue N Polak Y Price,R Y Price.T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes

TUESDAY, FEBRUARY 9, 1999

239

N Streat Y Tanksley N Tate

Y Thomas,D N Thomas,N N Thompson

N Walker Y Williams

On the adoption of the amendment, the yeas were 24, nays 30, and the Ray, et al. amendment to the committee substitute was lost.

Senator Egan of the 40th offered the following amendment:

Amend the committee substitute to SB 30 by adding a new Section 31-43-11 as follows:

"This chapter shall not apply in any county which by ordinance regulates swimming pools"

On the adoption of the amendment, the yeas were 40, nays 1, and the Egan amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended.

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

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

N Balfour N Blitch Y Bowen Y Broun, 46th
Brown, 26th N Brush Y Burton Y Butler N Cable N Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D N Johnson.E Y Kemp N Ladd N Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

N Price,R N Price.T Y Ragan N Ray N Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas ,N Y Thompson Y Walker N Williams

On the passage of the bill, the yeas were 40, nays 15. The bill, having received the requisite constitutional majority, was passed by substitute.
The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute to the following bill of the House:
HB 189. By Representatives Jenkins of the 110th, Smith of the 109th, Twiggs of the 8th and others:

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A bill to amend Code Section 16-11-184 of the Official Code of Georgia Anno tated, relating to regulatory authority of local political subdivisions over fire arms and limitations thereon, so as to reserve to the state the right to bring certain civil actions against firearms manufacturers, trade associations, and dealers.

The Calendar was resumed.

SB 56. By Senators Thomas of the 10th, James of the 35th, Tate of the 38th and others:
A bill to amend an Act re-creating a system of state courts of limited jurisdic tion for each city of this state having a population of 300,000 or more so as to give to such courts jurisdiction to try offenses against traffic laws, so as to grant each such court venue coextensive with the territorial limits of the city in which it is located relating to certain traffic offenses.
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 Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan
Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y TJ.ocltl*A*} Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.
Senator Harbison of the 15th moved that Senator Fort of the 39th be excused. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Fort was excused. The Calendar was resumed.
SB 66. By Senators Walker of the 22nd, Stokes of the 43rd, Dean of the 31st and others:

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241

A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to the regulation of insurance generally, so as to pro vide for definitions; to provide that certain insurers, nonprofit health care plans, health maintenance organizations, and other related benefit providers shall be required to provide coverage for general anesthesia and associated hospital or ambulatory surgical facility charges in conjunction with dental care under certain circumstances.
The Senate Health and Human Services Committee offered the following substitute to SB 66:
A BILL
To be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance generally, so as to provide for definitions; to provide that certain insurers, nonprofit health care plans, health mainte nance organizations, and other related benefit providers shall be required to provide cov erage for general anesthesia and associated hospital or ambulatory surgical facility charges in conjunction with dental care under certain circumstances; to authorize cer tain insurers, nonprofit health care plans, health maintenance organizations, and other related benefit providers to require prior authorization for coverage for general anesthe sia and associated hospital or ambulatory surgical facility charges for dental care under certain circumstances; to authorize certain insurers, nonprofit health care plans, health maintenance organizations, and other related benefit providers to restrict coverage for general anesthesia and associated hospital and ambulatory surgical facility charges to dental care that is provided by certain dentists under certain circumstances; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance generally, is amended by adding a new Code Section 33-2428.4 to read as follows:
"33-24-28.4.
(a) As used in this Code section, the term 'general anesthesia' means the use of an an esthetic that is complete and affects the entire body, causing loss of consciousness when the anesthetic acts upon the brain. Such anesthetics are usually administered intravenously or through inhalation.
(b)(l) Any individual or group plan, policy, or contract for health care services is sued, delivered, issued for delivery, or renewed in this state by a health care in surer, health maintenance organization, accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service cor poration, health care plan, or any other person, firm, corporation, joint venture, or other similar business entity that pays for, purchases, or furnishes health care ser vices to patients, insureds, or beneficiaries in this state shall be subject to the provi sions of this Code section.
(2) Any entity listed in paragraph (1) of this subsection and located or domiciled outside of this state shall be subject to the provisions of this Code section if it re ceives, processes, adjudicates, pays, or denies any claim for health care services sub mitted by or on behalf of any patient, insured, or other beneficiary who resides or receives health care services in this state.

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(c) Any entity subject to this Code section shall provide coverage for general anesthe sia and associated hospital or ambulatory surgical facility charges in conjunction with dental care provided to a person insured or otherwise covered under a health care plan if such person is:
(1) Seven years of age or younger or is developmentally disabled and is an individ ual for which a successful result cannot be expected from dental care provided under local anesthesia because of a physical, intellectual, or other medically compromising condition of the insured;
(2) An extremely uncooperative, fearful, or uncommunicative child of 17 years of age or younger with dental needs of such magnitude that treatment should not be delayed or deferred and for whom lack of treatment can be expected to result in oral pain, infection, loss of teeth, or other increased oral or dental morbidity;
(3) An individual who has sustained extensive facial or dental trauma; or
(4) An individual with dental needs for whom local anesthesia is ineffective because of acute infection, anatomic variations, or allergy.
(d) Any entity subject to this Code section may require prior authorization for general anesthesia and associated hospital or ambulatory surgical facility charges for dental care in the same manner that prior authorization is required for such benefits in con nection with other covered medical care.
(e) Any entity subject to this Code section may restrict coverage to include only proce dures performed by:
(1) A fully accredited specialist in pediatric dentistry or other dentist fully accred ited in a recognized dental specialty for which hospital or ambulatory surgical facil ity privileges are granted;
(2) A dentist who is certified by virtue of completion of an accredited program of post-graduate training to be granted hospital or ambulatory surgical facility privi leges; or
(3) A dentist who has not yet satisfied certification requirements but has been granted hospital or ambulatory surgical facility privileges.
(f) This Code section shall not apply to limited benefit insurance policies as defined in paragraph (4) of subsection (f) of Code Section 33-30-12."
SECTION 2.
This Act shall apply to all plans, policies, or contracts issued, delivered, issued for deliv ery, or renewed in this state on or after July 1, 1999.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senators Price of the 56th, Stokes of the 43rd and Thomas of the 54th offered the follow ing amendment:
Amend the LC 25 1259S substitute to SB 66 by striking lines 27 through 41 on page 2 and lines 1 through 3 on page 3 and inserting in lieu thereof the following:
"covered under a health care plan if it is determined by the attending dentist or physi cian that, based upon the unique clinical characteristics of the patient, such patient would be most appropriately cared for by having such dental care rendered while the patient is under general anesthesia.".

TUESDAY, FEBRUARY 9, 1999

243

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

N Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th N Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan EX Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue N Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas ,N Y Thompson Y Walker Y Williams

On the adoption of the amendment, the yeas were 50, nays 3, and the Price of the 56th, et al. amendment to the committee substitute was adopted.

Senators Stokes of the 43rd and Walker of the 22nd offered the following amendment:
Amend the LC 25 1259S substitute to SB 66 by striking "(f)" and inserting in lieu thereof "(e)" on line 25 of page 3.
On the adoption of the amendment, the yeas were 40, nays 0, and the Stokes, Walker amendment to the committee substitute was adopted.
Senator Ladd of the 41st offered the following amendment:
Amend SB 66 committee substitute by changing the word "provide" to "offer" on page 1, line 6
and by changing the word "provide" to "offer" on page 2, line 23.

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

N Balfour Y Blitch N Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle

Y Cheeks Y Crotts N Dean Y Egan EX Fort N Gillis Y Gingrey N Golden Y Guhl N Harbison

N Hecht N Hill N Hooks N Huggins N Jackson N James N Johnson,D Y Johnson.E N Kemp Y Ladd

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Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen N Perdue N Polak Y Price,R

N Price.T N Ragan N Ray Y Roberts
Scott N Smith N Starr Y Stephens N Stokes

N Streat N Tanksley N Tate N Thomas,D N Thomas,N N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 19, nays 34, and the Ladd amend ment to the committee substitute was lost.
On the adoption of the substitute, the President ordered a roll call and the vote was as follows:

Y Balfour Y Blitch Y Bowen N Broun, 46th
Brown, 26th Y Brush N Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan EX Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray N Roberts
Scott Y Smith Y Starr Y Stephens Y OCHtO-rKlrcSe Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker N Williams

On the adoption of the committee substitute, the yeas were 47, nays 6, and the substi tute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Brush N Burton Y Butler Y Cable

Y Cagle Y Cheeks Y Crotts Y Dean N Egan EX Fort Y Gillis Y Gingrey Y Golden

N Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D

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245

Y Johnson,E Y Kemp N Ladd Y Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue

Y Polak Y Price,R Y Price,T Y Ragan Y Ray N Roberts
Scott Y Smith Y Starr Y Stephens

Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker N Williams

On the passage of the bill, the yeas were 45, nays 7. The bill, having received the requisite constitutional majority, was passed by substitute. Serving as doctor of the day was Dr. Kathy Easterling of Clayton, Georgia. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow; the motion prevailed, and at 12:02 p.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Wednesday, February 10, 1999 Eighteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 241. By Representative Campbell of the 42nd:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Anno tated, relating to the levy and collection of certain excise taxes, so as to change a provision relating to the use of such tax for the purpose of providing a system of trails or walkways.
HB 55. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd:
A bill 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 change certain provisions regarding the exemption of certain fees and charges of urban transit systems; to provide for an additional exemption with respect to certain fares and charges.
HB 37. By Representative Parham of the 122nd:
A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Geor gia Annotated, relating to conditions of detention generally, so as to provide that any inmate with a current or prior conviction for any offense involving a victim under the age of 16 years shall not be allowed visitation with any per son under the age of 18 years unless special visitation is approved by the war den or superintendent of the correctional institution where the inmate is housed.
HB 76. By Representatives Walker of the 141st, Bohannon of the 139th, Floyd of the 138th and others:
A bill to amend Subpart 1 of Part 3 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Hall of Fame, so as to change provisions relating to the function and authority of the hall of fame; to provide that the hall of fame shall be the official state re pository for aviation history.
The House has adopted by the requisite constitutional majority the following resolution of the House:

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HR 82. By Representatives Smith of the 103rd, Benefield of the 96th, Snow of the 2nd and others:
A resolution creating the Joint Highway Safety Study Committee.
The following bills were introduced, read the first time and referred to committees:
SB 139. By Senator Madden of the 47th:
A bill to amend Code Section 37-2-6 of the Official Code of Georgia Annotated, relating to community mental health, mental retardation, and substance abuse boards, so as to provide that no officer of a community service board shall take any action against an employee who makes a complaint to the board or to a member of the General Assembly concerning any fraud, waste, or abuse relat ing to the board's operation.
Referred to Committee on Health and Human Services.
SB 140. By Senator Ray of the 48th:
A bill to amend Chapter 12 of Title 44 of the Official Code of Georgia Anno tated, relating to rights in personalty, so as to define certain terms; to provide for ownership rights to dies, molds, forms, and patterns; to provide for liens on such properties; to provide for sales of such properties; to provide for related matters; to amend Code Section 44-14-320 of the Official Code of Georgia An notated, relating to establishment of certain liens and removal of nonconforming liens, so as to provide for molders' liens.
Referred to Committee on Special Judiciary.
SB 141. By Senators Marable of the 52nd, Dean of the 31st and Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide for a short title; to pro vide for legislative findings; to provide definitions; to require health insurers to provide coverage for a minimum of inpatient care following a mastectomy or lymph node dissection; to provide for coverage by insurers of postmastectomy and postlyniph node dissectomy care.
Referred to Committee on Health and Human Services.
SB 142. By Senators Marable of the 52nd, Dean of the 31st and Walker of the 22nd:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for the establishment of professional criteria for the receipt and processing of complaints against law enforcement officers; to define certain terms; to provide certain rights of law enforcement officers who may be subject to adverse actions.
Referred to Committee on Public Safety.
SB 143. By Senators Huggins of the 53rd, Burton of the 5th, Streat of the 19th and others:
A bill to amend Code Section 47-3-127 of the Official Code of Georgia Anno tated, relating to the effect of the restoration to service on retirement al lowances under the Teachers Retirement System of Georgia, so as to provide for the reimbursement to the retirement system of benefits wrongfully paid.
Referred to Committee on Retirement.

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SB 128. By Senator Ragan of the llth: A resolution urging Congress to implement wisely the Food Quality Protection Act of 1996.
Referred to Committee on Agriculture.
SR 129. By Senator Harbison of the 15th: A resolution creating the Senate School Enrollment Eligibility Date Study Committee.
Referred to Committee on Education.
SR 134. By Senators Price of the 56th, Stephens of the 51st and Gingrey of the 37th:
A resolution creating the Georgia DUI Study Commission.
Referred to Committee on Rules.
SR 135. By Senators Ragan of the llth, Meyer von Bremen of the 12th, Blitch of the 7th and Williams of the 6th:
A resolution urging the secretary of the United States Department of Agricul ture to provide greater opportunities to the farmers of the United States by taking greater advantage of the export enhancement program.
Referred to Committee on Agriculture.
SR 136. By Senators Ragan of the llth, Meyer von Bremen of the 12th, Blitch of the 7th and Williams of the 6th: A resolution urging Congress to remove or restrict the use of trade sanctions as they apply to agricultural products and to work for the reduction or elimi nation of trade barriers and sanctions imposed by other countries against agri cultural products.
Referred to Committee on Agriculture.
The following bills were read the first time and referred to committees:
HB 37. By Representative Parham of the 122nd:
A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Geor gia Annotated, relating to conditions of detention generally, so as to provide that any inmate with a current or prior conviction for any offense involving a victim under the age of 16 years shall not be allowed visitation with any per son under the age of 18 years unless special visitation is approved by the war den or superintendent of the correctional institution where the inmate is housed.
Referred to Committee on Corrections, Correctional Institutions and Property.
HB 55. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd: A bill 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 change certain provisions regarding the exemption of certain fees and charges of urban transit systems; to provide for an additional exemption with respect to certain fares and charges.
Referred to Committee on Finance and Public Utilities.

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HB 76. By Representatives Walker of the 141st, Bohannon of the 139th and Floyd of the 138th:
A bill to amend Subpart 1 of Part 3 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Hall of Fame, so as to change provisions relating to the function and authority of the hall of fame; to provide that the hall of fame shall be the official state re pository for aviation history.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 241. By Representative Campbell of the 42nd:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Anno tated, relating to the levy and collection of certain excise taxes, so as to change a provision relating to the use of such tax for the purpose of providing a system of trails or walkways.
Referred to Committee on Finance and Public Utilities.
HR 82. By Representatives Smith of the 103rd, Benefield of the 96th, Snow of the 2nd and others:
A resolution creating the Joint Highway Safety Study Committee.
Referred to Committee on Transportation.

The following bills were read the second time:

SB 73 SB 111

SB 93 SB 113

SB 104

SB 105

SB 108

The following committee reports were read by the Secretary:

SB 109

Mr. President:
The Committee on Corrections, Correctional Institutions and Property has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 126. Do pass.
Respectfully submitted, Senator Johnson of the 2nd District, Chairman

Mr. President: The Committee on Defense, Science and Technology has had under consideration the following bill of the Senate and has instructed me to report the same back to the Sen ate with the following recommendation:
SB 62. Do pass by substitute. Respectfully submitted,
Senator Polak of the 42nd District, Chairman

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the fol lowing bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 127. Do pass.

SR 101. Do pass.

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Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 24. Do pass as amended.

SR 14. Do pass.

Respectfully submitted,

Senator Madden of the 47th District, Chairman

Mr. President:

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

SB 87. Do pass. SR 17. Do pass by substitute. SR 41. Do pass.

SR 42. Do pass. SR 77. Do pass.

Respectfully submitted,

Senator Streat of the 19th District, Chairman

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

Blitch Bowen Broun, 46th Brown, 26th Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Gillis Gingrey Golden Guhl Harbison

Hecht Hill Hooks Huggins Jackson James Johnson,D Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer von Bremen Perdue

Polak Price,R Price,T Ragan Ray Roberts Scott Smith Starr Stephens Stokes Streat Tanksley Tate Thomas.D Thompson Walker

Those not answering were:

Balfour Fort

Thomas,N

Williams

The following communication was received by the Secretary:

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251

Dear Mr. Secretary, I was at my desk and present at 10:00 a.m. on February 10th, but failed to push my button. Please count me present.
Sincerely, /s/ Tommie Williams
Sixth District 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, Dr. Gill Watson, pastor of Northside United Methodist Church, Atlanta, Georgia, who offered scripture reading and prayer. Senator Guhl of the 45th introduced the doctor of the day, Dr. Monica Parker of Social Circle, Georgia.
The following resolutions were read and adopted:
SR 126. By Senator Madden of the 47th: A resolution commending Scott Shamp.
SR 127. By Senators Dean of the 31st and Marable of the 52nd: A resolution recognizing "Health Care for Rural and Underserved Georgians Day".
SR 130. By Senator Crotts of the 17th: A resolution commending Brandi Jean Simpson.
SR 131. By Senator Crotts of the 17th: A resolution commending Allison Olmstead Taylor.
SR 132. By Senator Lee of the 29th: A resolution commending Charles and Ida Callaway Hudson.
SR 133. By Senators Hill of the 4th, Williams of the 6th, Gillis of the 20th and others: A resolution commending Coach Paul Johnson.
Senator Balfour of the 9th recognized Amanda Jo Weir, commended by SR 117, adopted previously.

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SENATE RULES CALENDAR
Wednesday, February 10, 1999 EIGHTEENTH LEGISLATIVE DAY

SB 76 Sports Hall of Fame Authority-change membership (EDT&CA-26th)

SB 95 Cosmetology-education, training (SLGO-G-lOth)

SR 88

Joint Study Committee on Partnership, Georgia Medical College and Richmond County University Hospital-create (H&HS-22nd)

HB 158

State Properties Commission; membership; include Secretary of State (Amendment)(F&PU-lst) Lucas-124th

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

SB 76. By Senators Brown of the 26th, Broun of the 46th, Starr of the 44th and others:

A bill to amend Part 12 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame Au thority, so as to change the membership of the authority; to provide for related matters; to provide an effective date.

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

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

Y Balfour Y Blitch
Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden

Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue

Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes
Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thompson Y Walker Y Williams

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

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253

SB 95. By Senators Thomas of the 10th, Brush of the 24th and James of the 35th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to edu cation and training of persons regulated by the State Board of Cosmetology; to require certain continuing education; to require licensing of instructors in pri vate cosmetology schools.
Senator Lamutt of the 21st offered the following amendment:
Amend SB 95 by deleting lines 36 thru 42 on page 7.
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Balfour N Blitch N Bowen N Broun, 46th N Brown, 26th N Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts Y Dean Y Egan N Fort N Gillis Y Gingrey N Golden Y Guhl

N Harbison Y Hecht N Hill N Hooks N Huggins N Jackson N James N Johnson.D Y Johnson,E N Kemp Y Ladd Y Lamutt
Land N Lee N Madden Y Marable N Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes
Streat Y Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 24, nays 30, and the Lamutt amend ment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush N Burton Y Butler N Cable N Cagle Y Cheeks Y Crotts

N Dean N Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl Y Harbison N Hecht Y Hill Y Hooks Y Huggins

Y Jackson Y James Y Johnson,D N Johnson,E Y Kemp N Ladd N Lamutt N Land Y Lee N Madden N Marable Y Meyer von Bremen

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N Perdue N Polak N Price,R N Price.T Y Ragan N Ray Y Roberts

Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley

Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker N Williams

On the passage of the bill, the yeas were 36, nays 20. The bill, having received the requisite constitutional majority, was passed.

Senator Stokes of the 43rd recognized the President of Morehouse College, Dr. Walter E. Massey, and Malcolm Turnquest, commended by SR 113, adopted previously.

The Calendar was resumed.

SR 88. By Senators Walker of the 22nd and Cheeks of the 23rd:

A resolution creating the Joint Study Committee on Partnership Between the Hospital and Clinics of the Medical College of Georgia and the University Hos pital of Richmond County.

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:

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts
Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y TiaVlAifZo Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

HB 158. By Representatives Lucas of the 124th, Murphy of the 18th, Coleman of the 142nd and others:

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255

A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Geor gia Annotated, known as the "State Properties Code," so as to change the pro visions relating to the membership and organization of the State Properties Commission.
Senate Sponsor: Senator Johnson of the 1st.

The Senate Finance and Public Utilities Committee offered the following amendment: Amend HB 158 by striking line 34 of page 1 and inserting in lieu thereof the following:
"its secretary. Five Six members of the commission shall". By striking line 5 of page 2 and inserting in lieu thereof the following:
"acquisitions shall require five six affirmative votes of the". On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y TXVUiftrct Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Dean of the 31st moved that the Senate adjourn until 10:00 a.m. tomorrow; the motion prevailed, and at 11:17 a.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Thursday, February 11, 1999 Nineteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 210. By Representatives Walker of the 141st, Parrish of the 144th, Floyd of the 138th and others:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Geor gia Annotated, relating to motor vehicle sales financing, so as to provide that certain amounts will be included within the definition of "cash sale price" and may be financed; to provide that Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, and Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, shall not apply to retail installment transactions.
HB 36. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Code Section 48-4-79 of the Official Code of Georgia Anno tated, relating to judicial hearings on certain in rem tax foreclosures, so as to change certain provisions regarding the contents of the order of a superior court in connection with such a foreclosure.
HB 331. By Representatives Powell of the 23rd, McCall of the 90th, Parham of the 122nd and others:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Geor gia Annotated, relating to ticket scalping, so as to change the provisions relat ing to the sale of tickets to athletic contests and entertainment events; to de fine certain terms; to restrict the sale of tickets to athletic contests and entertainment events at a price in excess of the price printed on the ticket.
HB 337. By Representative Randall of the 127th:
A bill to amend Code Section 17-6-30 of the Official Code of Georgia Anno tated, relating to fees of sureties, so as to change the amount which sureties on criminal bonds may charge as compensation from defendants or from any one acting for defendants.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 121. By Representative Parrish of the 144th:

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257

A resolution ratifying the alteration of regional development center boundaries established by the Board of Community Affairs.
HR 162. By Representatives Walker of the 87th and Unterman of the 84th:
A resolution designating the Major General Thomas Wayne Robison Memorial Highway.
The following bills were introduced, read the first time and referred to committees:
SB 144. By Senator Polak of the 42nd:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to health care facilities, so as to provide for a short title; to pro vide for legislative purpose, intent, and findings; to provide for definitions; to provide for the development and functioning of a consumer centered system for access to long-term care services to help Georgians of all ages better access home and community based services, home health care, hospice care, private home care, licensed residential care facilities, and other long-term care services.
Referred to Committee on Health and Human Services.
SB 145. By Senators Marable of the 52nd, Dean of the 31st and Walker of the 22nd:
A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Geor gia Annotated, relating to general provisions regarding pardons and paroles, so as to separate the State Board of Pardons and Paroles from the Department of Corrections for administrative purposes; to relieve the members of the board of their ex officio advisory roles to the Board of Corrections.
Senator Dean of the 31st gave notice that at the proper time a motion would be made to engross SB 145.
SB 146. By Senators Ray of the 48th, Hecht of the 34th, Kemp of the 3rd and others:
A bill to amend Article 2 of Chapter 14 of Title 15 of the Official Code of Geor gia Annotated, relating to training and certification of court reporters, so as to change the composition of the Board of Court Reporting of the Judicial Council by expanding the membership thereof.
Referred to Committee on Judiciary.
SB 147. By Senators Walker of the 22nd, Tate of the 38th, Starr of the 44th and others:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to pro vide that members of such retirement system employed prior to July 1, 1982, shall be entitled to receive creditable service for certain military service; to provide that all members of such system shall be entitled to receive creditable service for prior teaching service with school systems operated by the United States Department of Defense.
Referred to Committee on Retirement.
SB 148. By Senators Fort of the 39th, Scott of the 36th, Brown of the 26th and others:

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A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to provide that certain motor vehicles shall be contraband and shall be forfeited; to provide for seizure and condem nation of such motor vehicles; to provide for practices, procedures, and require ments relative to the seizure, forfeiture, and disposal of such motor vehicles; to provide for exceptions; to provide for notices; to provide for disposition of proceeds; to provide for security interests and other interests in such motor vehicles and the proceeds derived therefrom.
Referred to Committee on Judiciary.
SR 137. By Senators Gillis of the 20th, Hecht of the 34th, Williams of the 6th and others:
A resolution designating the P. V. Stripling Memorial Highway.
Referred to Committee on Transportation.
The following bills were read the first time and referred to committees:
HB 36. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Code Section 48-4-79 of the Official Code of Georgia Anno tated, relating to judicial hearings on certain in rem tax foreclosures, so as to change certain provisions regarding the contents of the order of a superior court in connection with such a foreclosure.
Referred to Committee on Finance and Public Utilities.
HB 210. By Representatives Walker of the 141st, Parrish of the 144th, Floyd of the 138th and others:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Geor gia Annotated, relating to motor vehicle sales financing, so as to provide that certain amounts will be included within the definition of "cash sale price" and may be financed; to provide that Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, and Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, shall not apply to retail installment transactions.
Referred to Committee on Banking and Financial Institutions.
HB 331. By Representatives Powell of the 23rd, McCall of the 90th, Parham of the 122nd and others:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Geor gia Annotated, relating to ticket scalping, so as to change the provisions relat ing to the sale of tickets to athletic contests and entertainment events; to de fine certain terms; to restrict the sale of tickets to athletic contests and entertainment events at a price in excess of the price printed on the ticket.
Referred to Committee on Consumer Affairs.
HB 337. By Representative Randall of the 127th:
A bill to amend Code Section 17-6-30 of the Official Code of Georgia Anno tated, relating to fees of sureties, so as to change the amount which sureties on criminal bonds may charge as compensation from defendants or from any one acting for defendants.

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Referred to Committee on Judiciary.

HR 121. By Representative Parrish of the 144th:
A resolution ratifying the alteration of regional development center boundaries established by the Board of Community Affairs.
Referred to Committee on State and Local Governmental Operations (General).

HR 162. By Representatives Walker of the 87th and Unterman of the 84th:
A resolution designating the Major General Thomas Wayne Robison Memorial Highway. Referred to Committee on Transportation.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 133. Do pass as amended. HB 88. Do pass.

HB 256. Do pass.

Respectfully submitted,

Senator Harbison of the 15th District, Chairman

Mr. President:

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

SB 14. Do pass by substitute. SB 32. Do pass by substitute.

SB 49. Do pass as amended. SB 50. Do pass as amended.

Respectfully submitted,

Senator Marable of the 52nd District, Chairman

Mr. President:

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

SB 38. Do pass as amended. SB 102. Do pass.

SB 110. Do pass by substitute.

Respectfully submitted,

Senator Stokes of the 43rd District, Chairman

Mr. President:

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

SB 12. Do pass. SB 27. Do pass by substitute.

SB 103. Do pass.

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Respectfully submitted, Senator Kemp of the 3rd District, Chairman

Mr. President:
The Committee on Natural Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 185. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:
The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 124. Do pass.
Respectfully submitted,
Senator Egan of the 40th District, Chairman

Mr. President:

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

SB 135. Do pass. SB 136. Do pass.

HB 197. Do pass by substitute. HB 277. Do pass.

Respectfully submitted,

Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

SB 24 SR 17

SB 62 SR 41

SB 87 SR 42

SB 126 SR 77

SB 127 SR 101

SR 14

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

Bowen Broun, 46th Brown, 26th Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort

Gillis Gingrey Golden Guhl Harbison Hecht Hill Hooks Huggins Jackson James Johnson.D Johnson.E

Kemp Ladd Lamutt Land Lee Madden Marable Meyer von Bremen Perdue Polak Price,R Price,T Ragan

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261

Ray Smith Starr Stephens Stokes

Streat Tanksley Tate Thomas.D

Those not answering were:

Balfour Blitch

Roberts

Thomas,N Thompson Walker Williams
Scott

Senator Hill of the 4th led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
The following communication was received by the Secretary:
February 11, 1999 Frank, I missed roll call today. I was in the Capitol with constituents.
/s/ Sam Roberts 30th District
Senator Hill of the 4th introduced the chaplain of the day, Reverend Raymond Brown, of Cleveland, Tennessee, who offered scripture reading and prayer. Senator Marable of the 52nd introduced the Darlington High School Football Team, com mended by SR 73, adopted previously. Senator Polak of the 42nd recognized members of the Georgia National Guard, com mended by SR 119, adopted previously. Senator Meyer von Bremen of the 12th introduced the Dougherty Comprehensive High School Football Team, commended by SR 81, adopted previously.
The following resolutions were read and adopted:
SR 138. By Senators Gillis of the 20th, Hecht of the 34th, Williams of the 6th and others: A resolution commending Roy Malone.
SR 139. By Senators Johnson of the 1st and Johnson of the 2nd: A resolution congratulating Ms. Deborah N. Hargroves.
SR 140. By Senator Price of the 56th: A resolution commending Tyler Mann.
SR 141. By Senator Price of the 56th: A resolution commending James Mozley.
SR 142. By Senator Price of the 56th: A resolution commending Michael Dorsher for his achievement in scouting.
SR 143. By Senator Polak of the 42nd:

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A resolution commending the Georgia Historical Records Advisory Board and certain state and regional associations and organizations for their efforts and shared interests to improve the condition of Georgia's historical records.
Senator James of the 35th introduced members of the South Fulton County Legislative Delegation, commended by SR 84, adopted previously.
Senator Hooks of the 14th introduced representatives of the Georgia Peach Festival, commended by SR 111, adopted previously.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, February 11, 1999 NINETEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the leg islation.)

SB 135

Lamutt, 21st Tanksley, 32nd Thompson, 33rd Gingrey, 37th Tate, 38th COBB COUNTY

A bill to amend an Act entitled the "Cobb County Community Improve ment Districts Act," as amended, so as to change certain provisions re lating to purposes of community improvement districts.

SB 136

Lamutt, 21st Tanksley, 32nd Thompson, 33rd Gingrey, 37th Tate, 38th COBB COUNTY

A bill to amend an Act entitled the "Cobb County Community Improve ment Districts Act," as amended, so as to clarify the purpose of the Act.

HB 277 Price, 56th CITY OF BERKELEY LAKE

A bill to provide a new charter for the City of Berkeley Lake.

HB 197

Perdue, 18th CITY OF HAWKINSVILLE & PULASKI COUNTY

A bill to provide for the consolidation of the existing governments of the City of Hawkinsville and Pulaski County.(SUBSTITUTE)
The substitute to the following bill was put upon its adoption: *HB 197

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The Senate State and Local Governmental Operations Committee offered the following substitute to HB 197:
A BILL
To be entitled an Act to provide for the consolidation of the existing governments of the City of Hawkinsville and Pulaski County; to provide for the creation of the consolidated government of Hawkinsville-Pulaski County, Georgia; to provide for the status, bounda ries, and powers of the consolidated government; to provide for the form of, administra tion of, and affairs of the consolidated government; to provide for officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for referendum elections with respect to the effectiveness of the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I CONSOLIDATION, CREATION, BOUNDARIES, STATUS, AND POWERS OF
HAWKINSVILLE-PULASKI COUNTY, GEORGIA
SECTION 1-1-1. Consolidation of county and city; name.
(a) The governmental and corporate powers, duties, and functions now vested in the governing authority of the City of Hawkinsville, a municipal corporation incorporated by an Act of the General Assembly of Georgia, approved April 4, 1991 (Ga. Laws 1991, p. 4711), as amended, are hereby consolidated with the governmental and corporate pow ers, duties, and functions of Pulaski County. This consolidation shall result in the crea tion and establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Pulaski County. Such county-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the state to be known as Hawkinsville-Pulaski County, Georgia, having all the governmental and corporate powers, duties, and functions previously held by and vested in the City of Hawkinsville and in Pulaski County, and also the powers, duties, and functions provided in this charter.
(b) Hawkinsville-Pulaski County, Georgia, shall be a public corporation; shall have per petual existence; shall adopt a common seal; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all the properties of whatsoever kind or nature, assets, contracts, franchises, things, rights, privileges, immunities, and real and personal property theretofore owned, possessed, en joyed, or held by the City of Hawkinsville or Pulaski County; and by the name of Hawkinsville-Pulaski County, Georgia, shall be capable of suing and being sued when authorized by this charter and by the Constitution and laws of the State of Georgia.
(c) On the effective date of this charter, the political subdivision known as Pulaski County, Georgia, and the municipal corporation known as the City of Hawkinsville, Georgia, shall be consolidated and merged into the new political entity created by this charter.
(d) The consolidation of the governments of the City of Hawkinsville and Pulaski County is authorized pursuant to the provisions of Article LK, Section III, Paragraph II(a) of the Constitution of the State of Georgia of 1983, as amended.
SECTION 1-1-2. Boundaries.

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Hawkinsville-Pulaski County, Georgia, shall embrace the total area included within the existing territorial limits of Pulaski County as such limits are established on the effec tive date of this charter, provided that such limits may be altered and changed from time to time as provided by the Constitution and laws of the State of Georgia pertaining to counties.
SECTION 1-1-3. Status as municipal corporation and county.
Hawkinsville-Pulaski County, Georgia, shall be deemed to be both a municipal corpora tion and a county throughout the total territorial limits of such government.
SECTION 1-1-4. Powers.
(a) Hawkinsville-Pulaski County, Georgia, shall have all rights, powers, duties, privi leges, and authority, whether express or implied, that may now be vested in or hereafter granted to counties, municipal corporations, or both by the Constitution and laws of Georgia.
(b) In addition to the rights, duties, powers, privileges, and authority expressly con ferred by this charter, the consolidated government of Hawkinsville-Pulaski County, Georgia, shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of the government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such pow ers were fully enumerated in this charter and to do and perform all of the acts pertain ing to its property, affairs, and local government which are necessary or proper in the le gitimate exercise of its corporate powers and governmental duties and functions.
(c) In addition to and supplementary to all other powers which it may possess, and by way of illustration and not of limitation, the consolidated government shall have the powers specifically enumerated in Section 8-1-4 of this charter. No enumeration of any right, power, privilege, or authority shall be construed as limiting or abolishing any right, power, privilege, or authority set forth in this charter.
SECTION 1-1-5. Establishment of services districts.
Hawkinsville-Pulaski County, Georgia, will initially be divided into two services dis tricts. The purpose of establishing services districts is to ensure that the citizens of Hawkinsville-Pulaski County, Georgia, will pay for the services that they receive but will not pay for a service that they are not receiving. The boundaries of the urban and general services districts, taxation and services within those districts, and the methods for changing district boundaries or services and for creating new districts are set forth in Section 7-1-2 of this charter.
ARTICLE II GOVERNING AUTHORITY CHAPTER 1 - The Board of Commissioners
SECTION 2-1-1. Name.
The governing authority of Hawkinsville-Pulaski County, Georgia, shall be and is hereby designated as the "Board of Commissioners of Hawkinsville-Pulaski County, Georgia."
SECTION 2-1-2. Composition and election.
The Board of Commissioners of Hawkinsville-Pulaski County, Georgia, shall consist of five members, who shall be elected from single-member districts as provided in Section 6-2-1 of this charter. Each member of the board of commissioners shall be elected by the

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voters of the district he or she represents. Each commissioner shall be elected in nonpartisan primaries and elections as provided for in Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code."
SECTION 2-1-3. Terms and qualifications.
(a) Terms of office shall be concurrent as provided in Section 9-1-2 of this charter. There shall be no limit on the number of terms an individual may serve as a commissioner.
(b) A candidate for the board of commissioners shall specify the single-member district for which such person is offering for election. Each candidate shall be nominated and elected by a majority of the qualified electors voting in such single-member district. No person shall be eligible for election or appointment to the board of commissioners unless such person shall, on or before the date of election or appointment to such office, have attained the age of 21, except as otherwise provided under paragraph (1) of Code Section 45-2-1 of the Official Code of Georgia Annotated; be a qualified elector of HawkinsvillePulaski County, Georgia; have been a resident of Hawkinsville-Pulaski County, Georgia, for at least one year prior to the election; and have been a resident of the district from which such person offers as a candidate for at least one year prior to the election. A person elected or appointed as a member of the board of commissioners from a commis sioner district must continue to reside in that district during that person's term of office or that office shall become vacant.
SECTION 2-1-4. Powers.
All powers of Hawkinsville-Pulaski County, Georgia, including any such powers which may hereafter be conferred by amendment of this charter or by the Constitution or laws of Georgia, shall be vested in the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, except as otherwise provided by law or by this charter. The board of commissioners shall provide by ordinance for the exercise of such powers and for the performance of all duties and obligations imposed on Hawkinsville-Pulaski County, Georgia, by law.
SECTION 2-1-5. Chairman; vice chairman; powers; duties; term limits; vacancies.
(a) At its first meeting in January following an election, the members of the board of commissioners shall elect from their number a chairman to serve for a term of four years. At their first meeting in January each year, the board of commissioners shall also elect a vice chairman to serve for a term of one year. No person shall be eligible or entitled to hold the position of chairman for more than three full four-year terms. The chairman shall be the executive head of the consolidated government and shall have such other powers and duties as may be provided by ordinance or resolution that are not in conflict with this charter. Specifically, the chairman shall:
(1) Preside over all meetings of the board of commissioners;
(2) Serve as the ceremonial head of Hawkinsville-Pulaski County, Georgia, and as its official representative to federal, state, and local governmental bodies and officials;
(3) Set the agenda for meetings of the board of commissioners after receiving input from members of the board of commissioners;
(4) Call special meetings of the board of commissioners as provided by this charter;

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(5) Appoint and remove with a majority vote of the board of commissioners the at torney for the consolidated government, members of all boards and authorities of the consolidated government, and members of committees of the board of commissioners;
(6) Sign all orders, checks, and warrants for payment of money;
(7) Execute all contracts, deeds, and other obligations of the consolidated govern ment; and
(8) Perform any other duties and exercise any other powers required by state or fed eral law or authorized by a duly adopted ordinance that is not in conflict with this charter.
(b) The chairman shall be authorized to vote on any matter before the board of commis sioners in the same manner as any other member of such board. The chairman shall not have the power to veto any ordinance or resolution duly enacted or adopted by the board of commissioners.
(c) In the absence of the chairman for any cause, the vice chairman shall preside over meetings and discharge the duties of the chairman. In the event of a permanent va cancy in the office of chairman, the vice chairman shall become and thereafter serve as the chairman for the remainder of the chairman's term. The board of commissioners shall elect a new vice chairman to fulfill the remainder of the chairman's term.
SECTION 2-1-6. Compensation.
(a) The members of the board of commissioners shall be compensated at the rate of $300.00 per month from the funds of Hawkinsville-Pulaski County, Georgia.
(b) The chairman of Hawkinsville-Pulaski County, Georgia, shall be compensated at the rate of $500.00 per month from the funds of Hawkinsville-Pulaski County, Georgia.
(c) In addition to the salary provided, any commissioner, including the chairman, shall be reimbursed for actual expenses incurred by such member in carrying out the respon sibilities of the consolidated government of Hawkinsville-Pulaski County, Georgia. Such expenses must be approved by a vote of the entire board of commissioners.
(d) The salary and expenses of members of the board of commissioners may be changed by ordinance, subject to the conditions and requirements set forth in Code Section 36-354 of the Official Code of Georgia Annotated.
SECTION 2-1-7. Vacancies.
(a) The office of commissioner shall become vacant if a member ceases to reside in the district from which elected or upon a member's death, resignation, or removal from office or forfeiture of office upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or any other ap plicable law, now existing or hereafter enacted.
(b)(l) In the event that the office of commissioner becomes vacant for any reason, a successor shall be selected as provided in paragraphs (2) and (3) of this subsection.
(2) If there are more than six months remaining in the unexpired term, the position shall be filled by special election at the next permissible date for a special election. The special election shall be called by the judge of the probate court as provided by general law. Any person so elected must meet the same qualifications for election as set forth in Section 2-1-3 (b) of this charter.

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(3) If fewer than six months remain in the unexpired term, the judge of the probate court shall appoint a successor to fill the unexpired term. Any person so appointed must meet the same qualifications for election as set forth in Section 2-1-3 (b) of this charter.
CHAPTER 2 - Organization and Procedure
SECTION 2-2-1. Oath; rules; records; meetings; quorum; emergency ordinances.
(a) The board of commissioners shall hold its organizational meetings on the first work ing day in January following the general election. At such meetings, the newly elected or reelected commissioners shall each take the following oath of office, to be adminis tered by the judge of the probate court:
"I do solemnly swear or affirm that I will well and truly perform the duties of the of fice of commissioner of Hawkinsville-Pulaski County, Georgia, and that I will support and defend the charter thereof and the Constitution and laws of the State of Georgia and of the United States."
(b) The board of commissioners shall determine its own rules and order of business as it deems appropriate to govern the conduct and procedures of its meetings, provided that the board of commissioners shall comply with the open and public meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. The board of com missioners shall provide for the keeping of the minutes of its proceedings which shall be a public record.
(c) The board of commissioners shall hold at least one regular meeting each month. The board of commissioners shall adopt by ordinance the time, date, and place for such meet ing. No additional notice shall be required to be given for any regular meeting.
(d) The board of commissioners may hold such special meetings as it deems necessary or proper. Special meetings may be held on the call of the chairman or any two or more commissioners upon not fewer than 24 hours written notice to each member at the usual place of business or residence of such member. Notice of a special meeting may be waived in writing by any member either before or after such meeting, and the require ment of notice of such meeting shall be deemed waived as to those commissioners at tending such meeting. Special meetings must be preceded by a minimum of 24 hours notice to the public of the time, place, and subject matter of such special meeting.
(e) The board of commissioners shall establish by ordinance procedures for the conven ing of emergency meetings.
(f) Three members of the board of commissioners shall constitute a quorum for the transaction of business. No official act which is to have the force and effect of law shall be valid or binding unless adopted by the affirmative vote of at least three members of the board of commissioners.
(g) To meet a public emergency threatening life, health, property, or public safety the board of commissioners may adopt emergency ordinances; provided, however, that such ordinances may not be enacted to levy taxes; to grant, renew, or extend a franchise; to regulate the rate charged for any public utility or service; or to authorize the borrowing of money unless it shall be repaid in 30 days or fewer. An emergency ordinance shall be plainly designated as an emergency ordinance and shall contain a declaration stating what emergency exists. An emergency ordinance may be adopted with or without amendment, but the affirmative vote of four of the five members of the board of commis sioners shall be required for adoption. An emergency ordinance shall stand repealed on the sixteenth day following the date of its adoption; provided that, if the emergency still

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exists, it may be reenacted as provided in this subsection. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specified for the adoption of an emergency ordinance.
CHAPTER 3 - Ethics and Prohibited Practices
SECTION 2-3-1. Conflicts of interest; holding other offices.
(a) Conflict of interest. No elected official, appointed officer, or employee of the consoli dated government or of any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal in terest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties;
(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of the commissioner's judgment or action in the performance of his or her official duties;
(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal au thorization; or use such information to advance the financial or other private inter ests of himself or herself or others;
(4) Accept any valuable gift, whether in the form of a service, loan, thing, or prom ise from any person, firm, or corporation which to his or her knowledge is inter ested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contribu tions and services in connection with any such campaign;
(5) Represent other private interests in any action or proceeding against the consoli dated government or any portion thereof; or
(6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest.
(b) Disclosure. Any elected official, appointed officer, or employee of the consolidated government who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the consolidated govern ment shall disclose such private interest to the board of commissioners. Any commis sioner who has a private interest in any matter pending before the board of commission ers shall disclose such private interest and such disclosure shall be entered on the records of the board of commissioners, and the commissioner shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter ap plies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the consolidated government shall disclose such private interest to the governing body of the agency or entity.
(c) Use of public property. No elected official, appointed officer, or employee of the consol idated government or of any agency or entity to which this charter applies shall use property owned by such governmental body for personal benefit, convenience, or profit except in accordance with policies promulgated by the board of commissioners or the governing body of such agency or entity.

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(d) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such con tract or sale voidable at the option of the board of commissioners.
(e) Ineligibility of elected official. Except where authorized by law, no commissioner shall hold any other elected or compensated appointed office in the consolidated government or otherwise be employed by the consolidated government or any agency thereof during the term for which he or she is elected. No former commissioner shall hold any compen sated appointed office in the consolidated government for two years after the expiration of the term for which he or she was elected.
(f) Political activities of certain officers and employees. No appointed officer and no em ployee of the consolidated government shall continue in such capacity upon qualifying as a candidate for nomination or election to any public office in Hawkinsville-Pulaski County, Georgia.
(g) Penalties for violations.
(1) Any officer or employee of the consolidated government who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office and shall be deemed to have forfeited his or her office or position.
(2) Any officer or employee of the consolidated government who shall forfeit his or her office or position as described in paragraph (1) of this subsection shall be ineligi ble for appointment or election to or employment in the consolidated government.
SECTION 2-3-2. Prohibitions.
No member of the board of commissioners shall hold any other federal, state, or local elected or appointed office during that person's term of office as a commissioner. Noth ing in this section shall be construed to prohibit any member of the board of commis sioners from representing Hawkinsville-Pulaski County on any special commission, re gional entity, or other intergovernmental agency.
SECTION 2-3-3 Removal of chairman.
(a) The chairman of the Board of Commissioners of Hawkinsville-Pulaski County, Geor gia, shall be removed from the office of chairman, but not from membership on such board, for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a felony;
(3) Knowingly violating any other express prohibition of this charter;
(4) Abandonment of office or neglect to perform duties of the office; or
(5) Failure for any other cause to perform the duties of office as required by this charter or by state law.
(b) Removal of the chairman pursuant to this section shall be accomplished by the vote of four commissioners after an investigative hearing. The chairman shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice.
ARTICLE III ADMINISTRATOR
SECTION 3-1-1. Appointment; qualifications; compensation.

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(a) The board of commissioners by a majority vote of its total membership shall appoint an administrator for an indefinite term. The administrator shall serve at the pleasure of the board of commissioners.
(b) Except as specifically provided in this charter, the board of commissioners shall by ordinance establish the administrator's qualifications, powers, duties, and compensation.
(c) No person holding an elected office in Hawkinsville-Pulaski County, Georgia, shall be eligible for appointment to the office of administrator for two years after leaving elected office.
ARTICLE IV ADMINISTRATION CHAPTER 1 - Officers
SECTION 4-1-1. Sheriff; law enforcement.
(a) The sheriff of Pulaski County in office on the effective date of this charter shall be the sheriff of Hawkinsville-Pulaski County, Georgia. The sheriff shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the sheriff shall be on the same basis as provided by law for the election of sheriffs generally. The sheriff shall be the chief law enforcement officer of Hawkinsville-Pulaski County, Georgia. In addition, the sheriff shall be responsible for the operation of the jail, the transport of prisoners, the service of process, and such other duties as are required of sheriffs by the Constitution and laws of Georgia.
(b) The police department of the City of Hawkinsville shall be abolished on the effective date of the consolidation of the City of Hawkinsville and Pulaski County.
SECTION 4-1-2. Judge of the probate court; clerk of superior court; tax commissioner; coroner; magistrate; surveyor.
The judge of the probate court, the clerk of the superior court, the tax commissioner, the coroner, the magistrate, and the surveyor of Pulaski County shall after consolidation be the judge of the probate court, the clerk of the superior court, the tax commissioner, the coroner, the magistrate, and the surveyor of Hawkinsville-Pulaski County, Georgia. These officers shall serve for the same terms as provided by law, and their compensation shall be fixed as provided by law. Subsequent elections for these officers shall be on the same basis as provided by law for the election of such officers generally. The judge of the probate court, the clerk of the superior court, the tax commissioner, the coroner, the magistrate, and the surveyor shall perform the same duties and exercise the same pow ers as conferred on such officers generally by the Constitution and laws of Georgia.
SECTION 4-1-3. Attorney.
The attorney for Hawkinsville-Pulaski County, Georgia, shall be appointed and removed by the chairman upon a vote of a majority of the members of the board of commission ers. The attorney shall act as the chief legal adviser to the board of commissioners, the administrator, and all departments and agencies of Hawkinsville-Pulaski County, Geor gia, and shall represent such government in all legal proceedings and perform such other duties prescribed by general law, by this charter, or by ordinance or resolution of the board of commissioners. The board of commissioners shall set the qualifications and compensation of the attorney and any other matters relative to the selection of the attorney.
CHAPTER 2 - Personnel
SECTION 4-2-1. Existing pension rights protected.

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Persons who, at the time this charter takes effect, are employed by any office, depart ment, board, commission, or agency of the former City of Hawkinsville or of the former Pulaski County shall retain all pension rights which have accrued to them under any ex isting pension system. Hawkinsville-Pulaski County, Georgia, shall continue in force and effect any existing pension system for city employees and any existing pension system for county employees covered thereby who are employed by Hawkinsville-Pulaski County, Georgia, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter.
SECTION 4-2-2. Establishment of new pension systems.
The board of commissioners is authorized and empowered to establish and maintain a new pension system or pension systems affecting new employees and such other employ ees as desire to be covered thereby and to revise, combine, and consolidate any pension system in effect on the effective date of this charter; provided, however, that in no event shall any revision, combination, or unification of any existing pension system in effect when this charter is adopted result in the curtailment or diminishment of any right ac crued under any existing pension system to any person heretofore employed by the City of Hawkinsville, Pulaski County, or of any agency of such former governments.
SECTION 4-2-3. Establishment of personnel system.
The board of commissioners shall establish a personnel system for all employees under the control of the consolidated government. The system shall be consistent with all state and federal laws.
CHAPTER 3 -- Boards, Commissions, and Authorities
SECTION 4-3-1. Certain boards, commissions, and authorities continued.
All existing boards, commissions, and authorities of either the City of Hawkinsville, Pu laski County, or both are continued without interruption on the effective date of this charter.
SECTION 4-3-2. Boards, commissions, and authorities; appointments thereto.
Whenever general or local law provides for appointments to boards, commissions, or au thorities from both the city and the county, all appointments shall be made by the Hawkinsville-Pulaski County, Georgia, board of commissioners and all appointees shall come from Hawkinsville-Pulaski County, Georgia.
ARTICLE V JUDICIARY
SECTION 5-1-1. Superior court and district attorney; probate court; magistrate court; unaffected by charter; redesignation.
(a) The Superior Court of Pulaski County, including the office of the district attorney; the Probate Court of Pulaski County; and the Magistrate Court of Pulaski County shall continue their operations without interruption resulting from the adoption of this char ter, and nothing herein shall be construed as affecting the status of such courts. The courts shall be known as the Superior Court of Hawkinsville-Pulaski County, the Pro bate Court of Hawkinsville-Pulaski County, and the Magistrate Court of HawkinsvillePulaski County.

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(b) On the effective date of this charter, the Municipal Court of Hawkinsville shall stand abolished. Any pending cases shall be transferred to the Probate Court of HawkinsvillePulaski County, the Magistrate Court of Hawkinsville-Pulaski County, or the Superior Court of Hawkinsville-Pulaski County, whichever has appropriate jurisdiction of the case.
ARTICLE VI ELECTIONS CHAPTER 1 - Conduct of Elections
SECTION 6-1-1. Applicability of general laws.
Except as otherwise provided by this charter, primaries and regular and special elec tions shall be conducted in accordance with provisions of Chapter 2 of Title 21 of the Of ficial Code of Georgia Annotated, the "Georgia Election Code." As used in such Code, the terms "election" or "general election" shall be construed to include the term "regular election" as provided in Section 6-1-2 of this charter; the term "governing authority" shall include the chairman and the Board of Commissioners of Hawkinsville-Pulaski County, Georgia; the terms "municipal," "municipality," or "county" shall include Hawkinsville-Pulaski County, Georgia; and the term "public office" shall include the elected offices of Hawkinsville-Pulaski County, Georgia.
SECTION 6-1-2. Regular elections; voting.
The first members of the Board of Commissioners of Hawkinsville-Pulaski County, Geor gia, shall be elected at a special election which shall be conducted at the time of the gen eral election on the Tuesday next following the first Monday in November, 2000. The members of the board of commissioners elected thereto in Districts 1 through 5 shall take office the first day of January immediately following such election and shall serve for initial terms of office which shall expire on December 31, 2004, and upon the election and qualification of their respective successors. Those and all future successors to mem bers of the board of commissioners whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following such election, and shall serve for terms of office of four years each. Members of the board of commissioners shall serve for the terms of office as specified in this subsection and until their respective suc cessors are elected and qualified.
CHAPTER 2 - Election Districts
SECTION 6-2-1. Number of districts; boundaries.
(a) For purposes of electing members of the board of commissioners, the territory of Hawkinsville-Pulaski County, Georgia, is divided into five commissioner districts. One member of the board of commissioners shall be elected from each such district. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as Operator: local Client: pulaski Plan: pulaskip4.
(b) When used in such attachment, the terms "Tract," "Block," and "Block Group" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia. Any part of the territory of Hawkinsville-Pulaski County, Georgia, which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Any part of the terri-

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tory of Hawkinsville-Pulaski County, Georgia, which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical bound aries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia.
ARTICLE VII REVENUE AND FINANCE CHAPTER 1 - Taxation and Other Revenues
SECTION 7-1-1. Levy and collection of taxes, fees, charges, and assessments; appropriations.
(a) For the purpose of raising revenue for the support and maintenance of the consoli dated government of Hawkinsville-Pulaski County, Georgia, the board of commissioners shall have full power and authority to levy and collect taxes and fees, to appropriate funds, and to expend money.
(b) The board of commissioners shall have full power and authority to levy and collect all taxes, charges, and assessments which counties and municipalities are authorized to levy and collect, to the full extent permitted by the Constitution and laws of Georgia, whether local or general, including any tax hereafter authorized by state law.
SECTION 7-1-2. Services districts; taxation therein.
(a) Hawkinsville-Pulaski County, Georgia, shall initially be comprised of two services districts, wherein taxes and fees shall be assessed, levied, and collected in accordance with the kind, character, type, degree, and level of services provided by such government within such services districts, and the rate and manner of taxation may vary in any one district from that in another or other districts. One of such districts shall be known as the general services district, and one of such districts shall be known as the urban ser vices district. Except as otherwise provided by this charter, urban and special services districts shall be created, expanded, merged, consolidated, or reduced only by an ordi nance duly adopted by the board of commissioners under such general rules, procedures, regulations, requirements, and specifications as established by the board of commission ers; provided, however, that no new urban or special services district shall be created or existing such districts expanded, abolished, merged, consolidated, or reduced without providing an opportunity for interested persons to be heard at a public hearing. Notice of the proposed expansion, abolition, merger, consolidation, or reduction of a services dis trict and of the required public hearing shall be published once a week for two consecu tive weeks in the official newspaper of Hawkinsville-Pulaski County, Georgia.
(b)(l) The general services district shall consist of the total area of Pulaski County. The consolidated government of Hawkinsville-Pulaski County, Georgia, shall per form within the general services district those governmental duties, functions, and services that are generally available and accessible to all residents throughout the total area of such district.
(2) The general services district shall constitute a general services tax district within which the board of commissioners shall levy and collect taxes and fees and shall appropriate funds and expend money from such taxes and fees to perform and discharge those powers, functions, and services provided in such district.

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(c)(l) In addition to the general services district, the board of commissioners shall establish at least one urban services district that shall consist of the area of the for mer City of Hawkinsville, together with any enlargement or modification thereof pursuant to the provisions of this charter. The consolidated government of Hawkinsville-Pulaski County, Georgia, shall perform within the urban services district those additional, more comprehensive and intensive, and higher levels of govern mental duties, functions, and services that benefit primarily the residents of such district.
(2) The urban services district shall constitute an urban services tax district within which the board of commissioners may levy and collect additional taxes and fees and may appropriate funds and expend money from such taxes and fees to perform and discharge those additional powers, functions, and services provided in such district.
(d)(l) The board of commissioners may also establish special services districts within which additional or higher levels of services are provided just as cities and counties are so authorized by Article DC, Section II, Paragraph VI of the Constitu tion. The consolidated government of Hawkinsville-Pulaski County, Georgia, shall perform within its special services districts such additional, more comprehensive and intensive, and higher levels of governmental duties, functions, and services that benefit primarily the residents of such district.
(2) Any special services district created by the board of commissioners shall consti tute a special services tax district within which the board of commissioners may levy and collect additional taxes and fees and may appropriate funds and expend money from such taxes and fees to perform and discharge those additional powers, functions, and services provided in such district.
(e) The assessment of real and personal property for ad valorem tax purposes shall be upon a uniform basis throughout the entire area of Hawkinsville-Pulaski County, Geor gia; provided, however, that the rate and manner of additional taxation in services dis tricts may vary in any services district from that in another or other services districts in such a way as to reflect reasonably the kind, character, type, degree, and level of ser vices afforded to such services district or districts.
CHAPTER 2 - Borrowing and Indebtedness
SECTION 7-2-1. Allocation of indebtedness.
(a) All general indebtedness of Pulaski County, whether represented by general obliga tion bonds or otherwise, which may be outstanding upon the effective date of this char ter shall be allocated to the general services district as defined in this charter and is hereby recognized as the obligation of the general services district of Hawkinsville-Pu laski County, Georgia.
(b) All general indebtedness of the City of Hawkinsville, whether represented by general obligation bonds or otherwise, which may be outstanding upon the effective date of this charter shall be allocated to the urban services district as defined in this charter and is hereby recognized as the obligation of the urban services district of Hawkinsville-Pulaski County, Georgia.
(c) The annual tax levy ordinances for the general services district and the urban ser vices district shall provide, in addition to all other taxes assessed, a tax levy sufficient to pay the principal and interest charges on all outstanding general obligation bonds due or to be paid in the ensuing fiscal year.
CHAPTER 3 ~ Financial Administration

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SECTION 7-3-1. Fiscal year; budget; audit.
(a) The fiscal year of Hawkinsville-Pulaski County, Georgia, shall run from July 1 to June 30.
(b) The board of commissioners shall adopt an annual budget and provide for an annual audit as set forth in Chapter 81 of Title 36 of the Official Code of Georgia Annotated.
(c) The administrator, with input from all department heads, constitutional officers, and other appointed officials of the consolidated government, shall prepare and present the annual budget of Hawkinsville-Pulaski County, Georgia, to the board of commissioners. The commissioners shall have full power and authority to adopt, reject, or amend the proposed budget.
SECTION 7-3-2. Lapse of appropriations.
All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made.
ARTICLE VIII GENERAL PROVISIONS
SECTION 8-1-1. Application of laws; laws in force.
(a) The general laws of the State of Georgia and those general laws of local application through classification by population shall be applicable to and within the limits of Hawkinsville-Pulaski County, Georgia.
(b) Local Acts of the State of Georgia which apply specifically to either Pulaski County, the City of Hawkinsville, or both shall be applicable to Hawkinsville-Pulaski County, Georgia.
(c) In construing the applicability of the provisions of the Constitution and the general laws of Georgia that apply in general terms to counties, municipalities, or both and local Acts of the General Assembly of Georgia that apply specifically to Pulaski County, the City of Hawkinsville, or both, the following shall apply:
(1) "County" shall be construed to include Hawkinsville-Pulaski County, Georgia;
(2) "City," "town," "municipal corporation," or "municipality" shall be construed to include Hawkinsville-Pulaski County, Georgia;
(3) "Commissioners of Roads and Revenues," "Board of County Commissioners," "County Commissioner," and "Commissioner" shall be construed to include the Board of Commissioners of Hawkinsville-Pulaski County, Georgia;
(4) "Council," "Mayor and Council," "Aldermen," "Board of Aldermen," and "City Commission" shall be construed to include the Board of Commissioners of Hawkin sville-Pulaski County, Georgia;
(5) "Chairman of the Commissioners of Roads and Revenues," "Chairman of the Board of County Commissioners," and "Commissioner" shall be construed to include the chairman of the Board of Commissioners of Hawkinsville-Pulaski County, Georgia;
(6) "Mayor" shall be construed to include the chairman of the Board of Commission ers of Hawkinsville-Pulaski County, Georgia; and

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(7) Any other terms and provisions as used in such Acts to refer specifically to Pulaski County, the City of Hawkinsville, or both and the officers, employees, depart ments, and agencies thereof shall be construed to mean Hawkinsville-Pulaski County, Georgia, and its officers, employees, departments, and agencies.
(d) In construing the applicability of laws in force to Hawkinsville-Pulaski County, Geor gia, the following order shall prevail:
(1) The Constitution of the State of Georgia;
(2) The general laws of uniform application now in force or hereafter enacted by the General Assembly of Georgia (as distinguished from general laws of local application through classification by population) applicable to municipal corporations, counties, or both;
(3) The general laws of local application through classification by population;
(4) Special laws applicable to Pulaski County that are not in conflict with this charter;
(5) Special laws applicable to the City of Hawkinsville that are not in conflict with this charter;
(6) This charter and all ordinances and resolutions passed pursuant thereto; and
(7) Existing ordinances and resolutions of the former City of Hawkinsville and ex isting ordinances and resolutions of the former County of Pulaski that are not in conflict with this charter.
SECTION 8-1-2. Federal and state aid.
For the purpose of determining its right to receive and for the purpose of receiving state aid or grant-in-aid from the State of Georgia, from the United States or from any agency or instrumentality thereof, or from any other source, public or private, Hawkinsville-Pu laski County, Georgia, shall be deemed a county but shall also be deemed an incorpo rated municipality. When state aid or other grant-in-aid is distributed to any county or municipality on the basis of population, area, or both, then the entire population and the total area of Hawkinsville-Pulaski County, Georgia, and the population or the total area of the urban services district or districts, respectively, shall be considered in calculating and determining the basis for such distribution. When state aid or other grant-in-aid is distributed to any county on the basis of rural area, rural road mileage, rural popula tion, or any combination thereof, then that area of the general services district outside of the urban services district shall be deemed to constitute a rural area, its road mileage to constitute rural road mileage, and its population to constitute rural population.
SECTION 8-1-3. Amending charter.
This charter may be modified, rescinded, changed, or amended by the following methods:
(1) An Act of the General Assembly of Georgia; or
(2) An ordinance adopted by the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, as provided for in Article IX, Section II, Paragraph I of the Consti tution of the State of Georgia.
SECTION 8-1-4. Examples of powers.
The powers of Hawkinsville-Pulaski County, Georgia, shall include, but shall not be lim ited to, the following:
(1) Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all taxable property;

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(2) Other taxes: to levy, assess, and collect other taxes allowed by general law and in accordance therewith;
(3) Business regulation and taxation: to levy, assess, and collect occupational taxes and to license and regulate occupations and businesses. Such taxes may be based on any criteria or combination of criteria permitted by general law;
(4) Appropriations: to make appropriations and expend funds for support of the consolidated government and any other lawful purpose;
(5) Debts: to borrow money and issue bonds as authorized by general law;
(6) Property: to own property and interests in property;
(7) Guts: to accept gifts and grants for any purpose related to the powers and du ties of the consolidated government on such terms as the donor may impose;
(8) Condemnation: to condemn property inside the area of the consolidated govern ment for present or future use;
(9) Public utilities: to acquire, lease, operate, and dispose of public utilities;
(10) Franchises: to grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts;
(11) Roadways: to open, maintain, improve, and close streets and roads and to grant franchises and rights of way thereon;
(12) Public facilities: to acquire, operate, and dispose of public buildings, projects, parks, cemeteries, recreational facilities, and other public improvements inside the area of the consolidated government;
(13) Building regulation: to regulate the building trades and the construction of buildings and to adopt and enforce building, housing, plumbing, electrical, gas, heat ing, and air-conditioning codes;
(14) Planning and zoning: to adopt land use plans and exercise the power of zon ing, subdivision regulation, and the like;
(15) Police power: to exercise the police power for the safety and well-being of the citizens of the consolidated government;
(16) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads;
(17) Health: to prescribe and enforce health and sanitation standards;
(18) Pollution: to regulate emissions that pollute the air and water;
(19) Fire safety: to fix fire limits and prescribe and enforce fire safety regulations;
(20) Public hazards: to provide for the destruction or removal of public hazards;
(21) Waste disposal: to provide for and regulate the collection, disposal, and re cycling of garbage and wastes;
(22) Water and sewer fees: to fix and collect water and sewer fees;
(23) Garbage fees: to fix and collect garbage fees;
(24) Nuisances: to define and provide for the abatement of nuisances;
(25) Property protection: to preserve and protect the property of the consolidated government;
(26) Prisoners: to provide for public work by prisoners and for their confinement;
(27) Animal control: to regulate or prohibit the keeping of animals;

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(28) Motor vehicles: to regulate the operation and parking of motor vehicles;
(29) Pensions: to provide and maintain a system of pensions and retirement for em ployees and officers of the consolidated government;
(30) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements;
(31) Contracts: to enter into lawful contracts and agreements;
(32) Agencies: to create, alter, or abolish departments, boards, offices, commissions, authorities, and agencies of the consolidated government and to confer appropriate authority upon them;
(33) Penalties: to provide penalties for violations of ordinances of the consolidated government;
(34) Police and fire protection: to exercise the power of arrest through appointed police officers and to operate a fire department;
(35) Emergencies: to provide for the determination, proclamation, and combating of emergencies;
(36) Urban redevelopment: to organize and operate an urban redevelopment pro gram; and
(37) General health, safety, and welfare: to define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, safety, and welfare of the citizens of the consolidated government.
SECTION 8-1-5. Effect of repeals.
No law heretofore repealed, expressly or impliedly, shall be revived by the repeal herein of the repealing Act or by any provision of this charter that disclaims an intention to re peal or affect enumerated laws.
ARTICLE IX TRANSITION PROVISIONS
SECTION 9-1-1. Election of first officials.
(a) The first Board of Commissioners of Hawkinsville-Pulaski County, Georgia, shall be elected at the general election held in November, 2000.
(b) The election shall be held in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code." After final ap proval of this charter, the superintendent of elections shall prepare a list of qualified voters for each of the five commissioner districts described in Section 6-2-1 of this charter.
(c) The qualifications for office for such initial election shall be as prescribed by Section 2-l-3(b) of this charter.
(d) Any elected official of Pulaski County or of the City of Hawkinsville who is otherwise qualified under this charter shall be entitled to qualify and run for an office of Hawkin sville-Pulaski County, Georgia.
SECTION 9-1-2. Initial terms of office.
All commissioners shall be elected for four-year terms at the general election in Novem ber, 2000, and every four years thereafter.
SECTION 9-1-3. Provision of services during transition.

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In order to consolidate the two governments and to assure the common and continued administration of services currently provided by both the City of Hawkinsville and Pulaski County, on the effective date of consolidation all services currently provided by Pulaski County shall be provided through the general services district to all residents of the county, and all services provided by the City of Hawkinsville shall be provided through the urban services district to all residents of the city. Assuming the continued availability of state and federal funds, these services arrangements shall apply until modified by the board of commissioners.
SECTION 9-1-4. Existing employees.
No person employed by either the City of Hawkinsville or Pulaski County shall be termi nated solely as a result of the consolidation of the city and county.
SECTION 9-1-5. Effective date of charter.
This charter shall become effective January 1, 2001, or upon the election of the board of commissioners and their taking office as the governing authority of the consolidated gov ernment, whichever occurs last.
SECTION 9-1-6. Initial budget.
(a) In order for the consolidated government to have sufficient funds to operate until it adopts its fiscal year 2002 budget (July 1, 2001, to June 30, 2002), the board of commis sioners shall at its organizational meeting in January, 2001, adopt a six-month budget that is equal to the amount of money contained in Pulaski County's calendar year 2000 budget (January 1, 2000, to December 31, 2000) for the months of January through June, 2000. This six-month budget shall be combined with the funds remaining in the fiscal year 2001 budget (July 1, 2000, to June 30, 2001) of the City of Hawkinsville to fund the operations of Hawkinsville-Pulaski County, Georgia, until June 30, 2001.
(b)(l) The first 12 month budget of Hawkinsville-Pulaski County, Georgia, which will run from July 1, 2001, to June 30, 2002, shall be limited to a combined amount equal to the final 12 month budgets of the City of Hawkinsville (July 1, 2000, to June 30, 2001) and Pulaski County (January 1, 2000, to December 31, 2000).
(2) This initial budget limitation shall not apply to any increases needed to satisfy any new unfunded state or federal mandates, expenses caused by the occurrence of a natural disaster, increases needed to fund any step raises due to employees of the consolidated government, or increases needed to keep up with inflation as specified by the United States Consumer Price Index.
SECTION 9-1-7. Number of employees.
For the first 12 month period after the effective date of this charter, the total number of employees of the consolidated government shall not exceed the combined number of em ployees authorized for the City of Hawkinsville and Pulaski County immediately prior to the effective date of this charter, except as otherwise specifically mandated by law.
SECTION 9-1-8. Cooperation of former governments.
(a) All officers, officials, and employees of the former City of Hawkinsville and Pulaski County shall cooperate with and assist the board of commissioners, the administrator, and other officers of Hawkinsville-Pulaski County, Georgia:
(1) In planning the consolidation of departments, boards, commissions, and agencies of such former governments and in transferring the functions, duties, and responsi bilities of such departments, boards, commissions, authorities, and agencies to the appropriate agencies of Hawkinsville-Pulaski County, Georgia; and

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(2) In all other respects in order that the transfer of the governments be accom plished in the most orderly manner possible. The officers of Hawkinsville-Pulaski County, Georgia, shall be entitled to examine all records, files, and other data in the possession of the former governments and of all officers, officials, employees, and de partments thereof.
(b) A schedule for activity during the transition period is contained in the schedule at tached to and made a part of this charter.
SECTION 9-1-9. Existing ordinances and resolutions continued in effect.
(a) Existing ordinances and resolutions of Pulaski County and existing rules and regula tions of county departments or agencies, which are consistent with the provisions of this charter, shall continue in effect as ordinances, resolutions, rules, or regulations of Hawkinsville-Pulaski County, Georgia, or the appropriate department or agency thereof until they have been repealed, modified, or amended. However, if there is a conflict be tween existing ordinances and resolutions of Pulaski County and rules and regulations of county departments or agencies and existing ordinances and resolutions of the City of Hawkinsville and rules and regulations of city departments or agencies, those of Pulaski County shall only apply to the area of Hawkinsville-Pulaski County, Georgia, which lies outside the urban services district.
(b) Existing ordinances and resolutions of the City of Hawkinsville and existing rules and regulations of city departments or agencies, which are consistent with the provisions of this charter, shall continue in effect as ordinances and resolutions of Hawkinsville-Pu laski County, Georgia, until they have been repealed, modified, or amended and shall apply only to the area included within the urban services district.
(c) In the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to that territory of Hawkinsville-Pu laski County, Georgia, to which such ordinance or resolution applied prior to the effec tive date of this charter and until such ordinance or resolution is repealed, modified, or amended to eliminate such conflict.
(d) Within 24 months of the effective date of the charter, the board of commissioners shall have reviewed all ordinances and resolutions and shall take whatever action is necessary to remove any conflicts between any of the ordinances or resolutions continued by this section in order to produce a uniform body of ordinances and resolutions that is free of any conflicts and contradictions between such provisions.
SECTION 9-1-10. Contracts and obligations.
(a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Pulaski County or the City of Hawkin sville or for the benefit of either the county or the city prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of Hawkinsville-Pulaski County, Georgia; provided, however, any obligation created by Pulaski County or the City of Hawkinsville that becomes effective after the date of ap proval of this charter and prior to the effective date of this charter shall be subject to ratification and approval by the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, within six months following the effective date of this charter.

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(b) No pending action or proceeding of any nature (whether civil, criminal, judicial, ad ministrative, or other) by or against the City of Hawkinsville or Pulaski County or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and Hawkinsville-Pulaski County, Georgia, shall stand substituted as a party in lieu of the city or county or any agency or department thereof.
SECTION 9-1-11. Dissolution of existing governments.
On January 1, 2001, the Office of Sole Commissioner of Pulaski County and the Board of Commissioners of the City of Hawkinsville and all the officers thereof and the offices thereof not continued under this charter are abolished, and all emoluments appertaining thereto shall cease. Thereupon, the governments of Pulaski County and the City of Hawkinsville shall terminate as separate political entities and all powers, functions, du ties, and obligations thereof shall be transferred to and vested in the consolidated gov ernment of Hawkinsville-Pulaski County, Georgia.
SECTION 9-1-12. Transfer of records and equipment.
When an agency of the City of Hawkinsville or of Pulaski County is abolished or consoli dated by this charter, all books, papers, maps, charts, plans, records, other equipment, and personal property in possession of such agency shall be delivered to the agency to which its rights, powers, duties, and obligations are transferred.
SECTION 9-1-13. Officers serve until successors qualify.
Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Hawkinsville or Pulaski County shall continue to perform the duties thereof until a successor, whether under the same title or office of another, shall be elected or appointed and qualified to perform the duties, it being the intention hereof that no duty or service shall lapse or be abandoned because of lack of an officer to perform such duty or service.
SECTION 9-1-14. Transition plan and schedule.
The following transition plan shall govern the implementation of this Act:
Stage 1: Referenda on charter to initial election.
Upon approval of the consolidation, a transition team shall be formed. The transition team will be appointed and charged with anticipating implementation responsibilities, issues, and opportunities related to the consolidation of the two governments. The team's effort will involve collecting data, assembling facts, and presenting options to the officials of Hawkinsville-Pulaski County, Georgia, when such officials take office. The transition team shall not have any decision-making power and shall serve in an advisory function to the new government only until such time as the newly elected of ficials assume the responsibilities described below.
The transition team shall consist of: the city manager; one appointee of the Board of Commissioners of the City of Hawkinsville who shall not be an elected official or em ployee of the City of Hawkinsville; two appointees of the commissioner of Pulaski County who shall not be elected officials or employees of Pulaski County; and three members of the Hawkinsville-Pulaski consolidation commission selected by such com mission, one of whom shall serve as chairman of the transition team.
Stage 2: Initial election to January 1, 2001.
The newly elected government assumes limited powers to plan for the new govern ment. During this period, the board of commissioners may exercise the following powers:

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(a) Begin preparation for the appointment of the administrator and attorney;

(b) Hold meetings, establish committees, plan the establishment of boundaries of the general and urban services districts, and plan for and schedule the initial organ ization of Hawkinsville-Pulaski County, Georgia, in accordance with the applicable provisions of this charter. The board of commissioners shall be authorized to receive and expend appropriations from the Board of Commissioners of the City of Hawkinsville and the commissioner of Pulaski County for the purposes of performing its re sponsibilities as provided in this charter;

(c) Begin preparation of the initial budget; and

(d) Begin preparation of plans and schedules for the consolidation of the various de partments and agencies of the City of Hawkinsville and Pulaski County.

Stage 3: January 1, 2001, to June 30, 2001.

The Board of Commissioners of Hawkinsville-Pulaski County, Georgia, takes office op erating under the initial budget which is provided for in Section 9-1-6 of this charter. The budget for fiscal year 2002 is prepared. During this period, the government would begin combining operations.

Stage 4: July 1, 2001, to June 30, 2002.

The consolidated government begins operations under the first consolidated govern ment budget.

ARTICLE X REFERENDA ON THE CHARTER

SECTION 10-1-1. Referenda on the charter.

(a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Hawkinsville shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Hawkinsville for approval or rejection, and the election superintendent of Pulaski County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Pulaski County for approval or rejection. The elec tion superintendents shall conduct those elections on the third Tuesday in September, 1999, and shall issue the calls and conduct those elections as provided by general law. The superintendents shall cause the date and purpose of the elections to be published once a. week for two weeks immediately preceding the date thereof in the official organ of Pulaski County. The ballot in each election shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the charter reorganizing and consolidating the governments of the City of Hawkinsville and Pulaski County and creating a single county-wide government to supersede and replace those govern ments be approved?"

(b) All persons desiring to vote for approval of the charter shall vote "Yes," and those persons desiring to vote for rejection of the charter shall vote "No." If more than onehalf of the votes cast on such question by the qualified voters of the City of Hawkinsville are for approval of the charter and if more than one-half of the total number of votes cast on such question by the qualified voters of Pulaski County are for approval of the charter, then the charter shall become effective in the manner provided for in Section 10-1-3 of this Act. Otherwise, it shall not become effective, and this Act shall be auto matically repealed on the first day of January immediately following that election date.

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The expense of such election in Pulaski County shall be borne by Pulaski County, and the expense of such election in the City of Hawkinsville shall be borne by the City of Hawkinsville.
(c) The special elections shall be conducted pursuant to Chapter 2 of Title 21 of the Offi cial Code of Georgia Annotated, the "Georgia Election Code."
(d) A qualified voter, as used in this Act, shall mean a voter of Pulaski County qualified to vote for members of the General Assembly of Georgia. The superintendent of elec tions shall certify the returns to the Secretary of State. The superintendent of elections shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue a proclamation showing and declaring the result of the elections on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclama tion shall be delivered to the clerk of the governing authority of the City of Hawkinsville who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of Pulaski County who shall attach the same to the copy of the charter previously certified to him or her.
(e) Whenever a charter for the consolidation of the governments of the City of Hawkin sville and Pulaski County has been accepted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed du plicate original copies of the charter for all purposes. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Hawkinsville and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Pulaski County shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter, and any copy so certified shall be deemed a duplicate original copy of the charter of Hawkinsville-Pulaski County, Georgia, for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file, and any copy so certi fied shall be deemed a duplicate original copy of the charter of Hawkinsville-Pulaski County, Georgia, for all purposes.
SECTION 10-1-2. Effective dates.
(a) Section 10-1-1 and this section shall become effective upon their approval by the Governor or upon their becoming law without such approval.
(b) Those provisions of this Act necessary for the election of members of the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, shall become effective January 1, 2000.
(c) The remaining provisions of this Act shall become effective on January 1, 2001, only under the conditions specified in Section 10-1-1.
SECTION 10-1-3. Repealer.
All laws and parts of laws in conflict with this Act are repealed.

Operator: local
District No. 1 PULASKI Tract: 9502. Block: 118A

Client: pulaski

Plan: pulaskip4

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Block: That part of 118B which lies south of a creek branch which runs gener ally parallel to and lies south of Camden Way Street Block: 118C, 119, 120, 122, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 163A, 163B, 163C, 163D, 164, 165, 166, 167A, 167B, 167C, 168, 169, 170, 171, 172A, 172B, 201, 202, 203, 204, 205, 206, 207, 211, 212, 213, 214, 215, 301, 302, 303, 304, 307, 308, 314A, 314B, 315, 503, 508, 509A, 509B, 509C, 513, 531
District No. 2 PULASKI Tract: 9502. Block: 124, 125, 135, 136, 137, 138, 139, 140, 155, 156, 157, 158, 159, 160, 161, 504, 505, 506A, 506B, 507B, 510A, 510B, 511, 512, 514, 515, 516, 517, 518, 519, 523, 524, 525, 526, 527, 528, 529, 530A, 530B, 532, 533, 534, 535, 536, 537, 538, 539A, 539B, 539C, 539D, 539E, 539F, 539G, 539H, 540, 549A, 549B, 550A, 550B, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 618, 619, 620A, 620B, 621, 622, 623, 624A, 624B, 625, 628A, 628B
District No. 3 PULASKI Tract: 9502. Block: 208, 209, 210, 305, 306, 309, 310, 311, 312, 313, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 401, 402, 403, 404, 405, 406, 407, 408, 410, 411, 412, 413, 414, 415, 416, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 441, 442, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 652, 653, 654, 655, 656, 657 Tract: 9503. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 154, 155, 156, 157, 176, 177, 178, 194, 195, 196, 197, 201, 202, 240, 241, 242, 244, 265, 266
District No. 4 PULASKI Tract: 9501. Tract: 9502. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117 Block: That part of 118B which lies north of a creek branch which runs gener ally parallel to and lies south of Camden Way Street Block: 121, 123, 126, 127, 128, 129, 130, 131, 132, 133, 162
District No. 5 PULASKI Tract: 9502. Block: 134, 409, 417, 418, 419, 432, 433, 434, 435, 436, 437, 438, 439, 440, 501, 502, 520, 521, 522, 541, 542, 543, 544, 545, 546, 547, 548, 617, 626A, 626B, 627A, 627B, 627C, 629A, 629B, 630, 631A, 631B, 632, 633, 634A, 634B, 635, 636, 637, 638A, 638B, 649, 650, 651 Tract: 9503.

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Block: 151, 152, 153, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 243, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294

On the adoption of the substitute, the yeas were 51, 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 Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Hecht
Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thompson Y Walker Y Williams

On the passage of the local bills, the yeas were 51, nays 0. The bills on the Local Consent Calendar, except HB 197, having received the requisite constitutional majority, were passed. HB 197, having received the requisite constitutional majority, was passed by substitute. The time having arrived to entertain the motion, Senator Marable of the 52nd moved that the following bill be engrossed:
SB 145. By Senators Marable of the 52nd, Dean of the 31st and Walker of the 22nd:

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A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Geor gia Annotated, relating to general provisions regarding pardons and paroles, so as to separate the State Board of Pardons and Paroles from the Department of Corrections for administrative purposes; to relieve the members of the board of their ex officio advisory roles to the Board of Corrections.
On the motion, a roll call was taken and the vote was as follows:

N Balfour Y Blitch Y Bowen
Broun, 46th Y Brown, 26th
Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp N Ladd N Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

N Price,R N Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thompson Y Walker N Williams

On the motion, the yeas were 38, nays 16; the motion prevailed, and SB 145 was engrossed.
The President referred SB 145 to the Senate Corrections, Correctional Institutions and Properties Committee.

SENATE RULES CALENDAR
Thursday, February 11, 1999 NINETEENTH LEGISLATIVE DAY

SB 113

Crimes Against Family Members Act of 1999-provide (Amendment) (Judy-3rd)

SB 105

Sexual Offender Registry-resident convicted in another state (Substitute)(Judy-3rd)

SB 111

Criminal Justice Coordinating Council-committees transact business (Pub Saf-34th)

SB 73

Fire, Other Hazards-enforcement of laws, citations for noncompliance (SubstituteXPub Saf-24th)

SB 108

Public Safety Uniform Division-use department vehicle in approved offduty job (Pub Saf-19th)

Respectfully submitted,

THURSDAY, FEBRUARY 11, 1999

287

/s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SB 113. By Senators Starr of the 44th, Walker of the 22nd, Kemp of the 3rd and others:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Geor gia Annotated, relating to the crimes of assault and battery, so as to provide for the "Crimes Against Family Members Act of 1999"; to provide enhanced penalties for the commission of offenses of simple assault, aggravated assault, simple battery, and aggravated battery against persons in a domestic context.
The Senate Judiciary Committee offered the following amendment:
Amend SB 113 by striking from line 11 of page 1 the words "crime of" and inserting in lieu thereof the words "crimes of simple assault or".
By adding between the period and quotation marks on line 21 of page 2 the following:
"In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis."
By striking from line 11 of page 7 the following:
"Such such",
and inserting in lieu thereof the following:
"Absent force, duress, or threat of violence such".
By adding a comma immediately following the word "person" on line 15 of page 7.
On the adoption of the amendment, the yeas were 45, nays 1, and the committee amend ment was adopted.
Senators Land of the 16th, Price of the 56th, Perdue of the 18th, and others offered the following amendment:
Amend SB 113 by adding in the title on line 14 of page 1 between the first semicolon and the word "to" 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 aggravated as sault or aggravated battery 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 for exceptions and for the applicability of other provisions of law; to provide that the term of impris onment to which a person is sentenced for aggravated assault or aggravated battery 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;"
By striking the quotation marks at the end of line 11 on page 4 and adding between lines 11 and 12 on page 4 the following:

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"(j) Notwithstanding any other provisions of this Code section or other law to the con trary, except as otherwise provided in subsection (c) of Code Section 17-10-7, any per son sentenced to imprisonment for the first conviction or any subsequent conviction of aggravated assault 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 im posed by the sentencing court. The term of imprisonment to which a person is sen tenced for aggravated assault 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.'"
By striking the quotation marks at the end of line 34 on page 6 and inserting between lines 34 and 35 on page 6 the following:
"(i) Notwithstanding any other provisions of this Code section or other law to the con trary, except as otherwise provided in subsection (c) of Code Section 17-10-7, any per son sentenced to imprisonment for the first conviction or any subsequent conviction of aggravated battery 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 im posed by the sentencing court. The term of imprisonment to which a person is sen tenced for aggravated battery 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 Crotts of the 17th called for the yeas and nays. The call was sustained, and the vote was as follows:

Y Balfour N Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle Y Cheeks Y Crotts N Dean N Egan N Fort N Gillis Y Gingrey N Golden Y Guhl

N Harbison Y Hecht N Hill N Hooks N Huggins N Jackson
James N Johnson.D Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land Y Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak

Y Price,R Y Price.T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat Y Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 24, nays 31, and the Land, Price of the 56th, et al. amendment was lost.

THURSDAY, FEBRUARY 11, 1999

289

Senator Land of the 16th offered the following amendment:
Amend SB 113 by inserting on p.7 on line 11 between person and intentionally and on p. 7 on line 15 between person and having the following:
", who is the primary aggressor,"
On the adoption of the amendment, the yeas were 49, nays 0, and the Land amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.
Senator Tate of the 38th introduced the doctor of the day, Dr. Suzanne Bock of Atlanta, Georgia.
The Calendar was resumed.

SB 105. By Senator Kemp of the 3rd:
A bill to amend Code Section 42-1-12 of the Official Code of Georgia Anno tated, relating to the state sexual offender registry, so as to change definitions; to provide for registration of any Georgia resident convicted under the laws of another state or territory, the United States, or the Uniform Code of Military Justice of a sexually violent offense or a criminal offense against a victim who is a minor.

The Senate Judiciary Committee offered the following substitute to SB 105: A BILL

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To be entitled an Act to amend Code Section 42-1-12 of the Official Code of Georgia An notated, relating to the state sexual offender registry, so as to change definitions; to pro vide for registration of any Georgia resident convicted under the laws of another state or territory, the United States, or the Uniform Code of Military Justice of a sexually violent offense or a criminal offense against a victim who is a minor; to provide for a hearing af fording the offender a chance to present evidence relating to a proposed classification as a sexually violent predator; to add members to the Sexual Offender Registration Board and provide for such board to be attached to the Department of Human Resources for administrative purposes; to provide for registration of certain nonresidents who enter this state for employment and are required to register elsewhere and certain nonresi dents who enter this state to attend school and are required to register elsewhere; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sex ual offender registry, is amended by striking in their entirety paragraphs (4) and (7) of subsection (a) and subsections (b), (c), (d), (e), and (g) and inserting in lieu thereof the following:
"(4)(A) 'Criminal offense against a victim who is a minor" means any criminal of fense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
(i) Kidnapping of a minor, except by a parent;
(ii) False imprisonment of a minor, except by a parent;
(iii) Criminal sexual conduct toward a minor;
(iv) Solicitation of a minor to engage in sexual conduct;
(v) Use of a minor in a sexual performance;
(vi) Solicitation of a minor to practice prostitution; or
(vii) Any conduct that by its natuie it> a conviction resulting from an underlying sexual offense against a victim who is a minor as specifically designated fui ie-
gifiLi uLiuu ijy Llic ^jiuocuuLiuii.
(B) For purposes of this paragraph, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger."
"(7) 'Sexually violent offense' means a conviction for violation of Code Section 16-61, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relating to aggravated child molestation; or Code Section 16-6-22.2, relating to aggravated sexual battery; or an offense that has as its element engaging in physical contact with another person with intent to commit such an offense; or a conviction in a federal court, military court, or court of another state or territory for any offense which under the laws of this state would be classified as a violation of a Code section listed in this paragraph."
"(b)(l)(A)(i) On and after July 1, 1996, a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation his or her name and cur rent address; place of employment, if any; the crime of which convicted; and the

THURSDAY, FEBRUARY 11, 1999

291

date released from prison or placed on parole, supervised release, or probation with the sheriffs office in the county where such person will reside for the time period specified in paragraph (1) of subsection (g) of this Code section.
(ii) A person who has previously been convicted of a criminal offense against a victim who is a minor or who has previously been convicted of a sexually violent offense and who is released from prison or placed on parole, supervised release, or probation on or after July 1, 1996, shall register within ten days after such release or placement his or her name and current address; place of employment, if any; the crime of which convicted; and the date released from prison or placed on parole, supervised release, or probation with the sheriffs office in the county where such person will reside for the time period specified in paragraph (1) of subsection (g) of this Code section.
(iii) On and after July 1, 1999, any resident of Georgia who is convicted under the laws of another state or territory, under the laws of the United States, or under the Uniform Code of Military Justice of a sexually violent offense or a criminal offense against a victim who is a minor shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation. The information such an offender is required to register shall in clude his or her name and current address; place of employment, if any; the crime of which convicted; and the date released from prison or placed on parole, supervised release, or probation. Such an offender shall register with the sher iffs office in the county where such person will reside for the time period speci fied in paragraph (1) of subsection (g) of this Code section.
(B) A person who is a sexually violent predator shall register within ten days af ter his or her release from prison or placement on parole, supervised release, or probation the information required under subparagraph (A) of this paragraph with the sheriffs office in the county where such person will reside. The sheriff may prepare a list of such sexual predators providing each person's name, ad dress, and photograph. The sheriff shall update the list periodically and may post such list in a prominent and visible location in the sheriffs office and each city hall or primary administration building of every incorporated municipality within the county. Such list shall also be made available upon request to any public or private elementary, secondary, or postsecondary school or educational institution located in the county. The piuvibiuns of this bubpaiagiaph shall apply lu a Sexu ally Violent ^jicuuLui untilsuuli icuLiirciiiciiLIS tciiiiiiiaLcu unuci ^jai af^iii^jli \i) ul hubbticUuu (g) uf this Code section.
(,t)\A) A. uOttiA'liilliclLlOli lilifl.L SL piSTSOil IS & S6XU.fl.ily ViOlGilt ^/L'^ilflXGi1 cLIiu. <i u^t6i"lill~
lliitlun LllclL ii pfei'ouu iS iiO lOiij:iJt;i SL StiXLicill^ v njldlL pi'tiucltOi' olitill Ijc lil&ucDy Lliti
StiliLtiin;ill^ Cuu.i L &lLci* i't;Ct;iViiX^ <i rCJKji'Ij ijy Lilt; ocXUiil vjilciiut;i IxitJ^iSLl'iiLlOii lvc~
view BuaiJ.
(6) Upon a determination that an offender is guilty of a sexually violent offense, the court may request a report from the Sexual Offender Registration Review Board as to the likelihood that the offender suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. The report shall be requested as a matter of course for any offender with a history of sexually violent offenses. The court shall provide the Sexual Offender Registration Review Board with any information available to assist the board in rendering an opinion. The board shall have 60 days from re ceipt of the court's request to respond with its report. Within After receiving a

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recommendation from the Sexual Offender Registration Review Board that a con victed sexually violent offender be classified as a sexually violent predator, the sentencing court shall so inform the offender and shall set a date to conduct a hearing affording the offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the of fender shall be classified as a sexually violent predator. If the court determines the offender to be a sexually violent predator, such fact shall be communicated in writing to the appropriate state official and to the Georgia Bureau of Investigation.
(B) The Sexual Offender Registration Review Board shall be composed of three professionals licensed under Title 43 and knowledgeable in the field of the behav ior and treatment of sexual offenders:; at least one representative from a victims' rights advocacy group or agency and at least one representative from a law en forcement agency who is certified as a peace officer under Title 35. The members of such board shall be appointed by the commissioner of human resources for terms of four years with initial leims commencing Suptumbui 1, 1990.--After the initial Ujima specified in this bubpaiagiaph, mumbtiib. Members of the board shall take office on the first day of September immediately following the expired term of that office and shall serve for a term of four years and until the appoint ment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21.
(C) The Sexual Offender Review Board shall be attached to the Department of Human Resources for administrative purposes and provided there is adequate funding provided shall:
(i) Exercise its quasi-judicial, rule-making, or policy-making functions indepen dently of the department and without approval or control of the department;
(ii) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and
(iii) Hire its own personnel if authorized by the Constitution of this state or by statute or if the General Assembly provides or authorizes the expenditure of funds therefor.
t,IJ,) All ulltJiluei* WliO licit) uee.ilucLci liniltiu. LO be3 SeXUilllyVIOleiltjii'euSLOr til 1(1
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pfel'SOU TIO lOn^ci1 SUIIei*E>liuni 3 lilelitill SiuHOI1illctli L_y Oi* jjei*suiitliLijr QlSOI'u.e.iftlicit
WGU.1CI m&J&eLIit; JJel'SOllliK.el^' CO cll^el^eHi 3 |ji eufl.tOi'ySeXu.fcill^'violentullclice.
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Lci LIic ulleiiu.t;!' licid Uccil l"6l^3.Scu. Oil peiiOlc \JL ^j^ODStlOU 01T Iroill liiC3.1*Cci*itiiOii ImL
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uOcii'u. u.e Lti11inucB tliciL siiiCll ullt;iiu.ti1' SllOllld ITO luil^ci DG Cl3tSSlilGu 3S 3 BcXUS.lly
VlOleilt Di'^ClettOi, su^li iiilOi'ilKltiuii Slicill OG lui w3.1 Clcu tO tile beiitciium^ COU11,
wlicl't; ct iiiicil ueCiSlOU uli tile iiiclttt;!' Silftli 'D6' I'eHu.cl'cu.. 11 tile COiiil i/ COiiCui'S witli

THURSDAY, FEBRUARY 11, 1999

293

the board's lecuumieiidatiuu, suuli iiifuimatiuii shall be fui wauled tu Um Qeuigia Duiuau uf lavuHtigaliuu and the legisUaliuu lequiiemeuts uf subpaiagiapli (D) uf
^)cll ctj^i ci^ll v J-/ OI LlllS SUDStiCLlOli Slicill HO lOll^Gl1 <lJ/J)J.y tO SUCll O11611U&I1, Jj1 0Viucu} ilGW6V61*j Liitiij <iil iiiu.iViu.Ltill WilO IS 110 lOll^ci1 ilctnitJu. Si c>cXLtlily ViOlciit Oitiu.ciLui riliiiil Dfc I'&^U-LTeii tO I'tJgicsC^l" UUCltir SU.U^tn'tij^.i'tipli \A^ OI piii'ci^i'cijJli \i) OI LlilS ESU.U-
tifcCLiOii. It SiiCrl d. u^LciiiiniiiLiOii IS 11OL illiiuti Dy tll^ COU.1'1 tO t^rnilH&Lc Llic I'C^IB~ Ll'ciLlOil l*eij Ltii'tiiHe111S } Llie Olltiilutil aliail DG r6CfUIT6Q Lu uu11 Li11 u.t; Lu COillply WiLli til6 i'c^ii? Ll' eiLIOil 1'tiij Ul1't;111611LS OI S U.Dp|3.TH^i>tpIl \-U/ OI Otii ii^icijjli \X/ OI LlilS
(3)(A) If a person who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate state official shall:
(i) Inform the person of the duty to register and obtain the information required under subparagraph (A) of paragraph (1) of this subsection for such registration;
(ii) Inform the person that, if the person changes residence address, the person shall give the new address to the sheriff with whom the person last registered, not later than ten days after the change of address. Following such notification, the sheriffs office shall notify immediately the Georgia Bureau of Investigation through the Criminal Justice Information System (CJIS) of each change of resi dence address;
(iii) Inform the person that the person must register in any state where the person is employed or carries on a vocation or is a student;
fiirKiv) Inform the person that, if the person changes residence to another state, the person shall register the new address with the sheriff with whom the per son last registered, and that the person shall also register with a designated law enforcement agency in the new state not later than ten days after establish ing residence in the new state;
Obtain fingerprints and a photograph of the person if such fingerprints and photograph have not already been obtained in connection with the offense that triggered the initial registration; and
(v)(vi) Require the person to read and sign a form stating that the duty of the person to register under this Code section has been explained. A copy of this form and any other registration information furnished by the Department of Corrections shall be forwarded to the Georgia Bureau of Investigation.
(B) In addition to the requirements of subparagraph (A) of this paragraph, for a person required to register under subparagraph (B) of paragraph (1) of this sub section, the appropriate state official shall obtain the name of the person; descrip tive physical and behavioral information to assist law enforcement personnel in identifying the person; known current or proposed residence addresses of the per son; place of employment, if any; offense history of the person; and documentation of any treatment received for any mental abnormality or personality disorder of the person; provided, however, that the appropriate state official shall not be re quired to obtain any information already on the criminal justice information sys tem of the Georgia Crime Information Center.

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(C) The Georgia Crime Information Center shall create criminal justice informa tion system network transaction screens by which appropriate state officials shall enter original data required by this Code section. Screens shall also be created for sheriffs' offices for the entry of record confirmation data, changes of residence, and employment or other pertinent data; and to assist in offender identification.
(D) Any person changing residence from another state or territory of the United States to Georgia who is required to register under federal law or the laws of an other state or territory or who has been convicted of an offense in another state or territory which would require registration under this Code section if committed in this state shall comply with the registration requirements of this Code section. Such person shall register the new address and employment information with the sheriff of the county of new residence not later than ten days after the date of es tablishing residency in this state. Upon the person's registration with the sheriff of the county of new residence, the sheriff or his or her designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or his or her designee shall obtain any needed information concerning the registrant, in cluding fingerprints and a photograph of the person if such fingerprints and pho tograph have not previously been obtained within the State of Georgia. In addi tion, the sheriff or his or her designee shall inform the person of the duty to report any change of address as otherwise required in this Code section. The Georgia Bureau of Investigation shall forward such information in the manner de scribed in subsection (c) of this Code section.
(E) The following persons are also required to register:
(i) Any nonresident who enters this state for the purpose of employment for a period exceeding 14 consecutive days or for an aggregate period of time exceed ing 30 days during any calendar year and who is required to register under fed eral law, military law, or the laws of another state or territory, which, based on an act, would require registration under this Code section; or
(ii) Any nonresident who enters this state for the purpose of attending school as a full-time or part-time student and who is required to register under federal law, military law, or the laws of another state or territory, which, based on an act, would require registration under this Code section.
Any person required to register by this subparagraph shall not later than ten days after the person enters the state register with the sheriff of the county of his or her temporary address, with the sheriff of the county of his or her employment, and with the sheriff of the county in which the person is attending school. The information registered shall include the person's temporary address, permanent address in the person's state of residence, employment address, or school address. Upon the person's registration, the sheriff or the sheriffs designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or the sheriffs designee shall obtain the fingerprints and photograph of the per son, if the person's fingerprints and photograph have not previously been obtained in Georgia. The sheriff or the sheriffs designee shall inform the person of his or her duty to report any change in temporary residence, permanent residence, em ployment address, or school address.
(c) The appropriate state official shall, within three days after receipt of information described in paragraph (3) of subsection (b) of this Code section, forward such informa tion to the Georgia Bureau of Investigation. Once the data is entered into the crimi-

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nal justice information system by the appropriate state official or sheriff, the Georgia Crime Information Center shall immediately notify the sheriff of the cuuuly vvlieie Hits peisun expects to inside person's county of residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the per son attends school. The Georgia Bureau of Investigation shall also immediately trans mit the conviction data and fingerprints to the Federal Bureau of Investigation. It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all offenders whose names have been provided by the Georgia Bureau of Investigation to the sheriff under this Code section. The Georgia Bureau of Investigation shall establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation and shall per form mail out and verification duties on a quarterly basis. The Georgia Bureau of In vestigation shall send each month criminal justice information system network messages to sheriffs listing offenders due for verification. The bureau shall also create a photo image file from original entries and provide such entries to sheriffs to assist in offender identification and verification.
(d)(l) For a person required to register under subparagraph (b)(l)(A) of this Code section, on each anniversary of the person's initial registration date during the pe riod in which the person is required to register under this Code section, the follow ing applies:
(A) The Georgia Bureau of Investigation shall mail a nonforwardable verification form to the last reported address of the person;
(B) The person shall be required as a condition of parole or probation to respond directly to the sheriff within ten days after receipt of the form;
(C) The verification form stating that the person still resides at the address last reported to the Georgia Bureau of Investigation shall be signed by the person and retained by the sheriff; and
(D) If the person fails to respond directly to the sheriff within ten days after re ceipt of the form, the person shall be in violation of this Code section unless the person proves that he or she has not changed the his or her residence address.
(2) The provisions of paragraph (1) of this subsection shall be applied to a person required to register under subparagraph (b)(l)(B) of this Code section, except that such person must verify the registration every 90 days after the date of the initial release on probation by the court or the initial release by the Department of Correc tions or commencement of parole.
(e) A change of address by a person required to register under this Code section re ported to the Georgia Bureau of Investigation shall be immediately reported to the sheriff of the county where the person resides as set forth in subparagraph (b)(3)(E) of this Code section. The Georgia Bureau of Investigation shall, if the person changes residence to another state, notify the law enforcement agency with which the person must register in the new state."
"(g)ti) A person required to register under subparagraph (b)(l)(A) of this Code sec tion shall continue to comply with this Code section, except during ensuing periods of incarceration, until:
(A) Ten ten years have elapsed since the person was released from prison or placed on parole, supervised release, or probation: ; or
(B) For the life of that person if that person:

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(i) Has one or more prior convictions for an offense described in subparagraph (a)(4)(A) and paragraph (7) of subsection (a) of this Code section;

(ii) Has been convicted of an aggravated offense described in paragraph (7) of subsection (a) of this Code section; or
(iii) Has been determined to be a sexually violent predator pursuant to subpara graph (b)(2)(A) of this Code section.

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SECTION 2.

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

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

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Streat of the 19th introduced the Irwin County Lady Indians Softball Team, commended by SR 99, adopted previously. The Calendar was resumed.
SB 111. By Senators Hecht of the 34th, Meyer von Bremen of the 12th and Starr of the 44th:

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297

A bill to amend Code Section 35-6A-4 of the Official Code of Georgia Anno tated, relating to the election of chairman and vice-chairman and meetings of the Criminal Justice Coordinating Council, so as to authorize the Criminal Justice Coordinating Council to transact and carry out through appointed com mittees the business of the council when serving pursuant to Chapter 15 of Ti tle 17 as the Georgia Crime Victims Compensation Board.

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins
Jackson James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T
Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas ,N Y Thompson Y Walker Y Williams

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

SB 73. By Senators Brush of the 24th and Bowen of the 13th:
A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Geor gia Annotated, relating to general provisions applicable to magistrate courts, so as to provide jurisdiction of magistrate courts in cases in which a person is charged with a misdemeanor under Code Section 25-2-38, relating to violations under Chapter 2 of Title 25 or failing or refusing to comply with any regula tion promulgated under said chapter.
The Senate Public Safety Committee offered the following substitute to SB 73:
A BILL
To be entitled an Act to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to magistrate courts, so as to provide jurisdiction of magistrate courts in cases in which a person is charged with a misdemeanor under Code Section 25-2-38, relating to violations under Chapter 2 of Title 25 or failing or refusing to comply with any regulation promulgated under said chapter; to provide for prosecution by citation; to provide procedures; to authorize the arrest of the defendant under certain circumstances; to require the posting of a bond under cer-

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tain circumstances; to provide for the transfer of cases under certain circumstances; to provide for penalties; to amend Chapter 2 of Title 25 of the Official Code of Georgia An notated, relating to regulation of fire and other hazards to persons and property gener ally, so as to authorize the Safety Fire Commissioner and duly appointed officers and employees of the Commissioner to issue citations for noncompliance with certain laws relating to fire and other hazards; to require the Safety Fire Commissioner or duly ap pointed officer or employee of the Commissioner to provide upon request certain infor mation in connection with citations; to provide for the enforcement of certain laws relat ing to fire and other hazards; to require compliance with the citation within a fixed period of time by the person responsible for a dangerous or defective condition; to pro vide for applicability with respect to certain businesses and structures; to provide for the issuance of citations for noncompliance with previous citations; to provide for the con tents of citations; to provide for jurisdiction over matters in this Act in the magistrate and municipal courts; to provide that the citation shall serve as a complaint; to provide for the issuance of warrants for persons who have failed to appear in court as required by a citation; to provide that any person who intentionally, knowingly, or willfully fails to appear in court on the date and time specified commits a misdemeanor; to provide penalties; to provide that each person receiving a citation is assumed to have knowledge of the notice listed in the citation; to provide that such knowledge of the notice serves as inference of intent to violate this Act if the person should not appear as required by the citation; to provide that the provisions of this Act shall be in addition and supplemental to other provisions of law; to provide for construction; to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions ap plicable to municipal courts, so as to provide jurisdiction of municipal courts in cases in which a person is charged with a misdemeanor under Code Section 25-2-38, relating to violations under Chapter 2 of Title 25 or failing or refusing to comply with any regula tion promulgated under said chapter, if the offense occurred within the corporate limits of such municipal corporation; to provide for prosecution by citation; to provide proce dures; to authorize the arrest of the defendant under certain circumstances; to require the posting of a bond under certain circumstances; to provide for the retention of fines and forfeitures; to provide for the transfer of cases under certain circumstances; to pro vide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to magistrate courts, is amended by striking in their en tirety paragraphs (12) and (13) of Code Section 15-10-2, relating to jurisdiction of magis trate courts, and inserting in lieu thereof the following:
"(12) The trial and sentencing of misdemeanor violations of Code Section 16-9-20, relating to criminal issuance of bad checks, as provided by Article 10 of this chapter; or
(13) The execution or subscribing and the acceptance of written waivers of extradi tion in the same manner provided for in Code Section 17-13-46?; or
(14) The trial and sentencing of misdemeanor violations of Code Section 25-2-38, re lating to violations under Chapter 2 of Title 25 or failing or refusing to comply with any regulation promulgated under such chapter, as provided by Code Section 15-109?
SECTION 2.

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299

Said article is further amended by adding at the end thereof a new Code Section 15-10-9 to read as follows:
(a) The magistrate court which is required to comply with Code Section 25-2-26.1, re lating to the authority of the Safety Fire Commissioner and duly appointed officers and employees of the Commissioner to issue citations for noncompliance with certain laws relating to fire and other hazards, is granted jurisdiction to try and dispose of such cases in which a person is charged with a misdemeanor under Code Section 25-238, relating to violations under Chapter 2 of Title 25 or failing or refusing to comply with any regulation promulgated under such chapter. The jurisdiction of such magis trate court shall be concurrent with the jurisdiction of any other court within the county having jurisdiction to try and dispose of such cases.
(b) Prosecution for a misdemeanor violation of Code Section 25-2-38 shall be by cita tion. The accused shall not be arrested prior to the time of trial; but any defendant who fails to appear for trial may be arrested thereafter on the warrant of a judge of the magistrate court and required to post a bond for his or her future appearance as provided in Code Section 25-2-26.1. If the accused demands removal of the case to the state or superior court, the magistrate court may require that the accused post a bond for his or her future appearance in the state or superior court.
(c) Any fines and forfeitures arising from the prosecution of any such case in the mag istrate court shall be paid into the treasury of the county.
(d) Any defendant charged with a violation of Code Section 25-2-38 in a magistrate court shall be entitled upon request to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(e) A person convicted of a violation of Code Section 25-2-38 shall be punished as pro vided in such Code section."
SECTION 3.
Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, is amended by adding between Code Sections 25-2-26 and 25-2-27 a new Code Section 25-2-26.1 to read as follows:
"25-2-26.1.
(a) Notwithstanding any other provision of this chapter, when the Commissioner or any duly appointed officer or employee of the Commissioner finds any violation of this chapter or of a regulation promulgated under this chapter relating to any building, place of business, or other structure which, for want of repairs, lacks sufficient fire es capes, automatic or other fire alarm apparatus, or fire-extinguishing equipment or which, by reason of age, dilapidated condition, or other cause, is especially liable to fire, a threat to occupant safety, or situated so as to endanger life or property, such of ficer may issue a citation for the violation of the applicable statute or regulation and such citation shall be complied with within a fixed time by the owner, tenant, or occu pant of such building, place of business, or other structure or by any architect, con tractor, builder, mechanic, electrician, or other person who is responsible for the dan gerous or defective condition. The Commissioner or duly appointed officer or employee of the Commissioner who specifies a code violation during an inspection shall, upon the request of the permit holder, cite in writing the particular code book, section, and edition of the code which is the basis of the violation. A person shall have a minimum

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of 30 days and a maximum number of days specified by the Commissioner in which to comply with the citation and correct the violation unless there is an immediate threat to life or property that may be easily remedied. If the owner is not responsible for the dangerous or defective condition, for notification purposes, he or she shall also receive a copy of the citation. Acceptance of a citation does not indicate responsibility. When ever the Commissioner or any duly appointed officer or employee of the Commissioner finds in any building, place of business, or other structure combustible or explosive matter or flammable conditions dangerous to the safety of such building, place of busi ness, or other structure, such officer may issue a citation to have such building, place of business, or other structure remedied or removed, and such citation shall be com plied with within a fixed time by the owner, tenant, or occupant of such building, place of business, or other structure or by any architect, contractor, builder, mechanic, electrician, or other person who is responsible for the dangerous or defective condition. A person shall have a minimum of 30 days and a maximum number of days specified by the Commissioner in which to comply with the citation and have the structure rem edied or removed unless there is an immediate threat to life or property that may be easily remedied. If the owner is not responsible for the dangerous or defective condi tion, for notification purposes, he or she shall also receive a copy of the citation. Ac ceptance of a citation does not indicate responsibility. The provisions of this Code sec tion shall apply to any existing building, place of business, or other structure as well as any building, place of business, or other structure under construction or being phys ically modified throughout the territorial boundaries of the state but shall not be con strued to nullify the provisions of subsection (e) of Code Section 25-2-13.
(b) If compliance with such citation is not timely and does not permanently remedy a condition for which a citation has been issued, the Commissioner or any duly ap pointed officer or employee of the Commissioner shall have the authority to issue a ci tation for the dangerous or defective condition requiring the person found to be re sponsible to appear in court on a specified date and at a specified time. The Commissioner or any duly appointed officer or employee of the Commissioner may is sue a separate citation for each violation; and each day's continuance of the dangerous or defective condition shall be considered a separate offense after the fixed period of time provided to remedy the condition has expired.
(c) In issuing a citation, the issuing officer shall prepare a written citation which shall include the name and address of the person receiving such citation, the name of the officer issuing such citation, the offense charged, the address of the building, place of business, or structure found to be dangerous or in a defective condition, and the time and place at which the accused is to appear for trial; shall have an identifying number by which it shall be filed with the court; and shall indicate the date of service. The original of the citation shall be personally served upon the accused and a copy shall promptly be filed with the court. The issuing officer shall also deliver one copy of such citation to the local fire official and shall file one copy with the office of the Safety Fire Commissioner.
(d)(l) The magistrate court located within the county in which the citation is issued shall have jurisdiction and power over such citation as provided under Article 1 of Chapter 10 of Title 15. Such jurisdiction shall be concurrent with other courts hav ing jurisdiction over such citations.
(2) When a citation is issued within the corporate limits of a municipality, the mu nicipal court shall have jurisdiction and power over such citation. Such jurisdiction shall be concurrent with other courts having jurisdiction over such citations.

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(e) The citation shall be prepared, delivered, and filed with the appropriate court, a duplicate copy of the citation constitutes a complaint to which the defendant shall an swer. The duplicate copy shall be sworn to by the issuing officer before any person au thorized by law to administer oaths.
(f)(l) If any person who has been issued a citation is found by the court to have vio lated any provision of this chapter or a regulation promulgated under this chapter, such person shall be subject to criminal penalties as provided for in Code Section 25-2-38.
(2) Any person who intentionally, knowingly, or willfully fails to appear in court on the date and time specified shall be guilty of a misdemeanor regardless of the dispo sition of the charge for which such person was originally issued a citation and, upon conviction thereof, may be punished by imprisonment for not more than ten days or a fine of $200.00, or both. Proof that the defendant failed to appear requires primafacie evidence that the failure to appear was willful.
(g) If a person charged with failing to remedy a dangerous or defective condition as provided in this Code section shall fail to appear as specified on the citation, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of the person and commanding that such person be brought before the court to answer the charge for which such person was cited in the citation and the charge of his or her failure to appear as required. The person shall then be allowed to make a reasonable bond to appear on a given date before the court.
(h)(l) Each citation issued pursuant to this Code section shall have printed thereon in large, conspicuous letters the following:
'NOTICE: FAILURE TO APPEAR IN COURT ON THE DATE ASSIGNED MAY RESULT IN YOUR ARREST FOR A SEPARATE CRIMINAL OFFENSE WHICH IS PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN TEN DAYS OR A FINE OF $200.00, OR BOTH.'
(2) Each person to whom a citation has been issued shall be assumed to have knowledge of the notice listed in paragraph (1) of this subsection. Such knowledge shall serve as inference of intent to violate this Code section if such person fails to appear as required by such citation.
(i) This Code section shall not be construed to affect the authority of local fire enforce ment officials.
(j) The provisions of this Code section shall be in addition and supplemental to other provisions provided by law."
SECTION 4.
Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipal courts, is amended by adding between Code Section 36-32-10.1 and Code Section 36-32-11 a new Code Section 36-32-10.2 to read as follows:
"36-32-10.2.
(a) The municipal court of each municipal corporation required to comply with Code Section 25-2-26.1, relating to the authority of the Safety Fire Commissioner and duly appointed officers and employees of the Commissioner to issue citations for noncompliance with certain laws relating to fire and other hazards, is granted jurisdiction to try and dispose of such cases in which a person is charged with a misdemeanor under Code Section 25-2-38, relating to violations under Chapter 2 of Title 25 or failing or

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refusing to comply with any regulation promulgated under such chapter, if the offense occurred within the corporate limits of such municipal corporation. The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other court within the county having jurisdiction to try and dispose of such cases.
(b) Prosecution for a misdemeanor violation of Code Section 25-2-38 shall be by cita tion. The accused shall not be arrested prior to the time of trial; but any defendant who fails to appear for trial may be arrested thereafter on the warrant of a judge of the municipal court and required to post a bond for his or her future appearance as provided in Code Section 25-2-26.1. If the accused demands removal of the case to the state or superior court, the municipal court may require that the accused post a bond for his or her future appearance in the state or superior court.
(c) Any fines and forfeitures arising from the prosecution of any such case in the mu nicipal court shall be retained by the municipal corporation and shall be paid into the treasury of such municipal corporation.
(d) Any defendant charged with a violation of Code Section 25-2-38 in a municipal court shall be entitled upon request to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(e) A person convicted of a violation of Code Section 25-2-38 shall be punished as pro vided in such Code section, provided that nothing in this Code section or in Code Sec tion 25-2-38 shall be construed to give any municipal court the right to impose a fine or punishment by imprisonment in excess of the limits as set forth in the municipal ity's charter."
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 substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey

Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden

Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr
Stephens Y Stokes Y Streat Y Tanksley
Tate

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303

Y Thomas,D Y Thomas,N

Y Thompson Y Walker

Y Williams

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Ragan of the llth introduced Barbara Spear Jenkins, recipient of the 1998 Georgia Occupational Award of Leadership, commended by SR 34, adopted previously.
Senator Dean of the 31st moved that the Senate adjourn until 9:00 a.m. tomorrow; the motion prevailed, and at 11:40 a.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Friday, February 12, 1999 Twentieth Legislative Day
The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 508. By Representatives Stancil of the 16th, Shipp of the 38th, Lewis of the 14th and others:
A bill to create the Lake Allatoona Preservation Authority.
HB 444. By Representative Orrock of the 56th:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Anno tated, relating to suspension or revocation of licenses of habitually negligent or dangerous drivers and the point system used to identify such drivers, so as to change certain provisions relating to points assessed for violation of child safety restraint requirements.
HB 408. By Representatives Barnes of the 97th, Benefield of the 96th, Dodson of the 94th and others:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to provide that trafficking in methamphetamine shall be bailable only before a judge of the superior court.
HB 93. By Representatives Williams of the 114th and Heard of the 89th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to include athletic trainers within the definition of health care providers for purposes of managed health care plans; to provide for reimburse ment under insurance policies for services within the scope of practice of ath letic trainers.
HB 510. By Representatives Jamieson of the 22nd, Greene of the 158th, Hudson of the 156th and others:
A bill to amend Code Section 20-2-520 of the Official Code of Georgia Anno tated, relating to the powers of local boards of education with respect to the acquisition and disposition of school sites, so as to impose certain require ments on the letting of public school construction contracts in excess of $100,000.00.
HB 278. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:

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A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Anno tated, relating to open and public meetings, so as to change the definition of the term "meeting"; to require that an agency holding a meeting shall make available an agenda of all matters expected to come before the agency at such meeting.
HB 279. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Geor gia Annotated, relating to inspection of public records, so as to provide for con ditions of disclosure of records received or maintained by private persons or private entities performing services for public entities; to change provisions re lating to the time and manner in which custodians of records must respond to requests for inspection.
The following bills were introduced, read the first time and referred to committees:
SB 149. By Senator Stephens of the 51st:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to driving under the influence of alcohol, drugs, or other intoxi cating substances, so as to change certain provisions relating to publishing of photographs of offenders.
Referred to Committee on Judiciary.
SB 150. By Senators Thompson of the 33rd, Starr of the 44th and Bowen of the 13th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Geor gia Annotated, relating to coroners' death investigations, so as to change pro cedures relating to medical examiner's and coroner's reports; to provide for fil ing such reports with the Division of Forensic Services; to provide for maintenance of such reports, analysis of specimens, samples, or other evi dence, and to provide for a completed crime lab report for the appropriate prosecuting attorney.
Referred to Committee on Public Safety.
SB 151. By Senators Jackson of the 50th and Smith of the 25th:
A bill to create the Union County Family Connection Commission; to provide for the appointment of members; to provide for terms, oaths, duties, and pow ers; to authorize the commission to receive and expend funds; to provide for related matters; to provide for an annual report; to provide for an effective date; to provide for reviews.
Referred to Committee on State and Local Governmental Operations.
SB 152. By Senators Brush of the 24th, Bowen of the 13th, Perdue of the 18th and Streat of the 19th:
A bill to amend Code Section 20-8-5 of the Official Code of Georgia Annotated, relating to the law enforcement powers of school security personnel in each public school system of the state, so as to remove a population restriction re lating to the carrying of firearms or weapons by school security personnel cer tified by the Georgia Peace Officer Standards and Training Council.
Referred to Committee on Education.

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SB 153. By Senators Fort of the 39th, Polak of the 42nd, Scott of the 36th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide enhanced criminal penalties in cases where a person commits any of certain offenses and intentionally selects the person against whom the offense is committed or selects the property that is damaged or otherwise affected by the offense in whole or in part because of the actor's belief or perception regarding the race, gender, religion, color, disa bility, sexual orientation, national origin, or ancestry of that person or the owner or occupant of that property, whether or not the actor's belief or percep tion was correct.
Referred to Committee on Judiciary.
SB 154. By Senators Meyer von Bremen of the 12th, Bowen of the 13th and Lee of the 29th:
A bill to amend Article 2 of Chapter 9 of Title 40 of the Official Code of Geor gia Annotated, relating to the reporting of accidents and giving security for damages, so as to require local law enforcement agencies to send the original document of any accident report to the Department of Public Safety; to au thorize local law enforcement agencies to transmit information on accident re ports to the Department of Public Safety.
Referred to Committee on Public Safety.
SB 155. By Senators Meyer von Bremen of the 12th, Bowen of the 13th and Lee of the 29th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, relating to general provisions applicable to the Department of Public Safety, so as to make it unlawful for any person to manufacture, offer for sale, or sell or for any person to purchase, attempt to purchase, or possess any badge or replica of a badge used by the Department of Public Safety unless such manufacture, sale, purchase, or possession is authorized by law or au thorized in writing by the commissioner of public safety.
Referred to Committee on Public Safety.
SB 156. By Senators Golden of the 8th and Stephens of the 51st:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to relieve the Commissioner of In surance of certain duties; to provide that the state auditor shall perform such duties; to provide procedures for the enactment of legislation mandating cer tain coverage in accident and sickness insurance policies; to provide prerequi sites for the introduction of health insurance legislation.
Referred to Committee on Insurance and Labor.
SB 157. By Senators Ray of the 48th, Hooks of the 14th, Roberts of the 30th and Fort of the 39th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists, Article 8 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health service

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307

provider psychologists, and Chapter 39 of Title 43 of the Official Code of Geor gia Annotated, relating to psychologists, so as to authorize certain psycholo gists to prescribe drugs in certain circumstances.
Referred to Committee on Consumer Affairs.
SB 158. By Senators Price of the 56th, Cagle of the 49th, Johnson of the 1st and others:
A bill to amend Chapter 20A of Title 33 of the Official Code of Georgia Anno tated, relating to managed health care plans, so as to change certain terms and designations; to provide for a short title; to provide for definitions; to pro vide certain enrollees of managed care plans with an external independent re view of plan determinations and provide for standards, conditions, and proce dures relating thereto.
Referred to Committee on Insurance and Labor.
SB 159. By Senators Williams of the 6th, Blitch of the 7th and Gillis of the 20th:
A bill to amend Code Section 27-4-130.1 of the Official Code of Georgia Anno tated, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, so as to provide that there shall be no posses sion limit on flounder and whiting for certain vessels.
Referred to Committee on Natural Resources.
SR 150. By Senator Thompson of the 33rd:
A resolution designating the Fred Lee Brady Bridge.
Referred to Committee on Transportation.
SR 151. By Senators Thompson of the 33rd, Gillis of the 20th and Tanksley of the 32nd:
A resolution designating a bridge on 1-75 as the "Lester and Virginia Maddox Bridge".
Referred to Committee on Transportation.
The following bills were read the first time and referred to committees:
HB 93. By Representatives Williams of the 114th and Heard of the 89th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to include athletic trainers within the definition of health care providers for purposes of managed health care plans; to provide for reimburse ment under insurance policies for services within the scope of practice of ath letic trainers.
Referred to Committee on Insurance and Labor.
HB 278. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Anno tated, relating to open and public meetings, so as to change the definition of the term "meeting"; to require that an agency holding a meeting shall make available an agenda of all matters expected to come before the agency at such meeting.

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Referred to Committee on Judiciary.
HB 279. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st: A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Geor gia Annotated, relating to inspection of public records, so as to provide for con ditions of disclosure of records received or maintained by private persons or private entities performing services for public entities; to change provisions re lating to the time and manner in which custodians of records must respond to requests for inspection.
Referred to Committee on Judiciary.
HB 408. By Representatives Barnes of the 97th, Benefield of the 96th, Dodson of the 94th and Bailey of the 93rd:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to provide that trafficking in methamphetamine shall be bailable only before a judge of the superior court.
Referred to Committee on Judiciary.
HB 444. By Representative Orrock of the 56th:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Anno tated, relating to suspension or revocation of licenses of habitually negligent or dangerous drivers and the point system used to identify such drivers, so as to change certain provisions relating to points assessed for violation of child safety restraint requirements.
Referred to Committee on Public Safety.
HB 508. By Representatives Stancil of the 16th, Shipp of the 38th, Lewis of the 14th and others: A bill to create the Lake Allatoona Preservation Authority.
Referred to Committee on State and Local Governmental Operations.
HB 510. By Representatives Jamieson of the 22nd, Greene of the 158th, Hudson of the 156th and others: A bill to amend Code Section 20-2-520 of the Official Code of Georgia Anno tated, relating to the powers of local boards of education with respect to the acquisition and disposition of school sites, so as to impose certain require ments on the letting of public school construction contracts in excess of $100,000.00.
Referred to Committee on Education.
The following committee reports were read by the Secretary:
Mr. President: The Committee on Agriculture has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 148. Do pass by substitute. Respectfully submitted,

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309

Senator Ragan of the llth District, Chairman

Mr. President:

The Committee on Banking and Financial Institutions has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 106. Do pass.

HB 6. Do pass.

Respectfully submitted,

Senator Cheeks of the 23rd District, Chairman

Mr. President:

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

HB 56. Do pass by substitute. HR 119. Do pass.

HR 122. Do pass.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

Mr. President: The Committee on State and Local Governmental Operations has had under consid eration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 100. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills were read the second time:

SB 14 SB 102 HB 185

SB 27 SB 103 HB 256

SB 32 SB 110

SB 38 SB 124

SB 49 SB 133

SB 50 HB 88

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

Balfour Blitch Bowen Broun, 46th Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Gillis

Gingrey Golden Guhl Harbison Hecht Hill Hooks Huggins Jackson James Johnson,E Kemp Ladd Lamutt

Land Lee Madden Marable Meyer von Bremen Perdue Price.R Price.T Ragan Ray Roberts Scott Smith Starr

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Stephens Stokes Streat

Tanksley Tate Thomas,D

Those not answering were:

Brown, 26th Fort

Johnson,D Polak

Walker Williams
Thomas.N Thompson

The following communication was received by the Secretary:

February 12, 1999 I am present.

/s/ Mike Polak District 42

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

Senator Crotts of the 17th introduced the chaplain of the day, Pastor Buddy Crum of Life Center Ministries, Atlanta, Georgia, who offered scripture reading and prayer.

Senator Ray of the 48th introduced the doctor of the day, Dr. Marc Unterman, of Lawrenceville, Georgia.

The following resolutions were read and adopted:

SR 144. By Senator Butler of the 55th:
A resolution commending the Spirit 1989 Athena Soccer Team of the Stone Mountain Soccer Club.

SR 145. By Senators Guhl of the 45th and Crotts of the 17th:
A resolution recognizing and commending Allison Presley as Georgia's Top Fe male Youth Volunteer.

SR 146. By Senator Dean of the 31st:
A resolution commending Ms. Sally Anderson upon receiving a 1999 Pruden tial Spirit of Community Award.

SR 147. By Senators Brush of the 24th, Dean of the 31st, Hooks of the 14th and others:
A resolution recognizing the month of May, 1999, as "Motorcycle Awareness and You Month".

SR 148. By Senator Crotts of the 17th: A resolution commending Floyd Jolley.

SR 149. By Senators Stokes of the 43rd, Butler of the 55th, Thomas of the 10th and others:
A resolution commending Congresswoman Cynthia McKinney of the Fourth District of Georgia.

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SB 108

SENATE RULES CALENDAR Friday, February 12, 1999
TWENTIETH LEGISLATIVE DAY
Public Safety Uniform Division-use department vehicle in approved offduty job (AmendmentXPub Saf-19th)

SB 109 SB 12 SR 17
SR 41

Senatorial Districts 34 and 44-description (Reappor-22nd) Uniform Transfer on Death Security Registration Act-enact (Judy-17th) James D. Mason Memorial Highway-designate (Substitute) (Trans48th) Herman H. Watson Memorial Bridge-designate (Trans-31st)

SR 42 Foster Family Bridge-designate (Trans-31st)

SR 77 Marshall Shirah Memorial Bridge-designate (Trans-3rd)

SR 101

Polk County-annex certain property into Rockmart corporate limits (F&PU-31st)

Respectfully submitted, /s/ Scott of the 36th, Chairman
Senate Rules Committee

The following general bills were read the third time and put upon their passage:

SB 108. By Senator Streat of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Geor gia Annotated, relating to the Georgia State Patrol, so as to provide that under certain conditions members of the Uniform Division of the Department of Public Safety may use a department motor vehicle while working an ap proved off-duty job; to provide for such conditions; to provide an effective date.

Senators Guhl of the 45th and Streat of the 19th offered the following amendment:
Amend SB 108 by striking in their entirety lines 30 through 32 on page 1 and lines 1 and 2 on page 2 which read as follows:
"(1) The off-duty employment is of a general nature that has been approved by the Board of Public Safety as service in which the use of the department motor vehicle is a benefit to the department or is in furtherance of the department's mission;",
and inserting in lieu thereof the following:
"(1) The off-duty employment involves presence at highway construction sites or is in conjunction with the movement of large pieces of equipment on the highways of this state;".
Senator Guhl of the 45th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment (10 0735) was withdrawn.
Senators Guhl of the 45th and Streat of the 19th offered the following amendment:
Amend SB 108 by adding on line 10 of page 2, (4) At no time will off duty employee be allowed use of department motor vehicle at any political function of any kind.

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On the adoption of the amendment, the yeas were 32, nays 4, and the Guhl, Streat 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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort
Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y COVStOoKb-Uoba Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thompson Y Walker Y Williams

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

SB 109. By Senators Walker of the 22nd, Starr of the 44th and Hecht of the 34th:

A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 34 and 44; to provide for related mat ters; to provide for an effective date.

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

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

N Balfour Y Blitch Y Bowen
Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts

Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins

Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen

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Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts

Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley

Y Tate Y Thomas,D
Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Walker of the 22nd moved that SB 109 be immediately transmitted to the House.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 109 was immedi ately transmitted.

SB 12. By Senators Crotts of the 17th, Lamutt of the 21st and Dean of the 31st:

A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Anno tated, relating to probate under the Revised Probate Code of 1998, so as to en act the "Uniform Transfer on Death Security Registration Act"; to provide for a short title; to provide for definitions; to provide for registration in benefici ary form with respect to certain types of ownership; to provide for applicable state law.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th N Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean N Egan Y Fort
Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable N Meyer von Bremen Y Perdue Y Polak

Y Price.R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 50, nays 3. The bill, having received the requisite constitutional majority, was passed.

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SR 17. By Senators Ray of the 48th, Balfour of the 9th, Ladd of the 41st and others:
A resolution designating State Route 124 within Gwinnett County as the "James D. Mason Memorial Highway".
The Senate Transportation Committee offered the following substitute to SR 17:
A RESOLUTION
Designating the "James D. Mason Memorial Intersection"; and for other purposes.
WHEREAS, James D. Mason ("Jimmy") was born on January 26, 1937, in Centerville, Georgia, located in the area of Gwinnett County where his family had settled in 1838; and
WHEREAS, Jimmy began his life of public service by volunteering to serve in the United States Army during the Korean Conflict; he then returned to Snellville and formed Mason Brothers Construction Company with his brother, Wayne Mason; together they built the first subdivisions in the area, built Snellville's first shopping center, and helped organize the first bank formed in Snellville, Gwinnett County Bank, in 1969; and, in addition, they donated property for Snellville parks and the public cemetery; and
WHEREAS, from 1961 until December of 1966, Jimmy served three terms on the Snellville City Council; from January, 1967, until January, 1975, he served in the Gen eral Assembly as a Representative from Gwinnett County at the inception of Gwinnett's big growth; and
WHEREAS, during his four terms in the House of Representatives, Jimmy sponsored legislation that revamped Gwinnett government, preparing the county for its transition from its rural past to a booming metropolitan community; and
WHEREAS, from April, 1975, until July, 1992, Jimmy served as a member of the State Properties Commission; and in July, 1992, Jimmy was appointed to serve on the Board of Directors of the Georgia Ports Authority where he served in the capacities of chair, vice chair, secretary-treasurer, and member; and
WHEREAS, he has been described as one of the most influential men in the making of modern Gwinnett; and
WHEREAS, after more than three decades on the political and business scene in Gwin nett and Georgia, Jimmy died June 5, 1998; and
WHEREAS, Jimmy was a man who loved his family, his work, his county, and his state, and it is only fitting and proper that he be honored by this state in his home county.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the intersection of State Route 124 and State Route 78 is hereby designated as the "James D. Mason Memorial Intersection," and that the Department of Transporta tion is authorized and directed to erect appropriate signs so identifying the intersection.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit appropriate copies of this resolution to the Department of Transporta tion and the family of James D. Mason.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

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315

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Hugging Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 55, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

SR 41. By Senator Dean of the 31st:

A resolution designating the Herman H. Watson Memorial Bridge.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott
Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

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JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 42. By Senator Dean of the 31st:

A resolution designating the Foster Family Bridge.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th
Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price.R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 54, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 77. By Senator Kemp of the 3rd:

A resolution designating the Marshall Shirah Memorial Bridge.

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks

Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill

Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee

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317

Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan

Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat

Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 56, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 101. By Senator Dean of the 31st:
A resolution consenting to the annexation of certain state owned real property located in Polk County into the corporate limits of the City of Rockmart; to provide an effective date.
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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue
Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y 'iFtia\fMo Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

On the adoption of the resolution, the yeas were 53, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
At 10:09 a.m. Senator Dean of the 31st moved that the Senate stand in recess until 5:00 p.m. and at that time, pursuant to HR 8, adjourn until 10:00 a.m. Monday, February 15, 1999; the motion prevailed.
At 5:00 p.m., the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, February 15, 1999 Twenty-first Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of Friday, February 12, 1999 pro ceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 544. By Representative Hudgens of the 24th:
A bill to amend an Act providing a new charter for the City of Danielsville, so as to change provisions relating to the organizational meeting of the mayor and council; to correct and change certain numerical references in the Act; to revise and restate the term of the mayor.
HB 547. By Representatives Manning of the 32nd, Wiles of the 34th, Sauder of the 29th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
HB 554. By Representatives Whitaker of the 7th and Poag of the 6th:
A bill to provide a homestead exemption from Fannin County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over.
HB 555. By Representative Birdsong of the 123rd:
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change provisions relating to the compensation and expenses of the members of the board.
HB 183. By Representatives Twiggs of the 8th and Bridges of the 9th:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Anno tated, relating to boating safety zones and restrictions on use of motors and operation of house boats on certain lakes, so as to provide that with the excep tion of law enforcement or dam operation and maintenance craft, no motor in excess of 20 horsepower shall be used on any vessel being operated on Tugalo Lake.
HB 361. By Representatives Coleman of the 80th, Benefield of the 96th, Coleman of the 142nd and others:

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319

A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Geor gia Annotated, relating to state symbols, so as to designate the Southeastern Railway Museum as the official state transportation history museum.
HB 439. By Representatives Parham of the 122nd and Powell of the 23rd:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to change certain provisions relating to registration periods; to change certain provisions relating to reciprocal agreements for registration of commercial vehicles on ap portionment basis; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fee and plates.
HB 233. By Representatives Dixon of the 168th and Shaw of the 176th:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Anno tated, relating to prohibited acts generally relating to the use of state parks, historic sites, or recreational areas, so as to change motor-boating hours at Laura S. Walker Lake.
HB 155. By Representatives Coleman of the 142nd and Byrd of the 170th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court for the superior courts, so as to change the terms of court for the counties of the Oconee Judicial Circuit; to provide for a grand jury for each term of court in such circuit.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 214. By Representative Martin of the 145th:
A resolution designating a portion of State Highway 121 as the "William Lovel Lanier, Sr., Highway".
HR 209. By Representatives Porter of the 143rd and Coleman of the 142nd: A resolution designating the bridge on State Highway 338 at Rocky Creek in Laurens County as the "Hubert Hogan Bridge".
The following bills were introduced, read the first time and referred to committees:
SB 160. By Senator Crotts of the 17th: A bill to amend an Act establishing the manner of electing members of the board of education of the Henry County School District so as to change the manner of electing such members.
Referred to Committee on State and Local Governmental Operations.
SB 161. By Senator Crotts of the 17th:
A bill to amend an Act providing supplements to the salaries of the judges of superior court, the district attorney, and the chief assistant district attorney of the Flint Judicial Circuit so as to change the amount and method of payment of such supplements; to change the proportion of such supplements which each county shall pay.
Referred to Committee on Judiciary.
SB 162. By Senator Crotts of the 17th:

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JOURNAL OF THE SENATE

A bill to amend an Act relating to the compensation of the members of the Board of Education of Henry County, as amended, so as to change the com pensation of such members.
Referred to Committee on State and Local Governmental Operations.
SB 163. By Senators Hecht of the 34th, Starr of the 44th, Walker of the 22nd and others:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Geor gia Annotated, relating to the offenses of assault and battery, so as to provide enhanced penalties for the commission of offenses of simple assault and bat tery against persons who are 65 years of age or older; to provide a short title.
Referred to Committee on Judiciary.
SB 164. By Senators Ray of the 48th, Cagle of the 49th and James of the 35th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change certain provisions relating to bailable of fenses; to change certain provisions relating to punishments for certain viola tions of Code Section 40-6-391; to amend Title 40 of the Official Code of Geor gia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to limited driving permits for certain offenders.
Referred to Committee on Public Safety.
SB 165. By Senators Hecht of the 34th, Dean of the 31st, Scott of the 36th and others:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Geor gia Annotated, relating to employees' records checks for day-care centers, so as to provide that no person may be employed at a day-care center without a sat isfactory preliminary records check or satisfactory state fingerprint records check determination and a satisfactory or pending national fingerprint records check determination within the previous 12 months.
Referred to Committee on Health and Human Services.
SB 166. By Senator James of the 35th:
A bill to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Geor gia Annotated, relating to general provisions relative to the registration and li censing of motor vehicles, so as to declare certain motor vehicles operated by persons who are in violation of Code Section 40-2-5 to be contraband and sub ject to forfeiture to the state; to provide for forfeiture procedures.
Referred to Committee on Judiciary.
SB 167. By Senators Walker of the 22nd and Cheeks of the 23rd:
A bill to amend an Act providing for the consolidated government of Augusta, Georgia, as amended, so as to change the provisions relating to the filling of vacancies in the office of the mayor or in the membership of the commission; to repeal certain provisions relating to affirmative action and equal opportunities.
Referred to Committee on State and Local Governmental Operations.
SB 168. By Senator Polak of the 42nd:

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A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, so as to pro vide for legislative intent; to define certain terms; to limit the discovery and admissibility of raw data used in research in civil, criminal, and administra tive proceedings.
Referred to Committee on Defense, Science and Technology.
SR 152. By Senator Stephens of the 51st:
A resolution creating the Senate Study Committee on State Councils, Commis sions, Boards and Committees.
Referred to Committee on Rules.
The following bills were read the first time and referred to committees:
HB 155. By Representatives Coleman of the 142nd and Byrd of the 170th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court for the superior courts, so as to change the terms of court for the counties of the Oconee Judicial Circuit; to provide for a grand jury for each term of court in such circuit.
Referred to Committee on Judiciary.
HB 183. By Representatives Twiggs of the 8th and Bridges of the 9th:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Anno tated, relating to boating safety zones and restrictions on use of motors and operation of house boats on certain lakes, so as to provide that with the excep tion of law enforcement or dam operation and maintenance craft, no motor in excess of 20 horsepower shall be used on any vessel being operated on Tugalo Lake.
Referred to Committee on Natural Resources.
HB 233. By Representatives Dixon of the 168th and Shaw of the 176th:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Anno tated, relating to prohibited acts generally relating to the use of state parks, historic sites, or recreational areas, so as to change motor-boating hours at Laura S. Walker Lake.
Referred to Committee on Natural Resources.
HB 361. By Representatives Coleman of the 80th, Benefield of the 96th, Coleman of the 142nd and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Geor gia Annotated, relating to state symbols, so as to designate the Southeastern Railway Museum as the official state transportation history museum.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 439. By Representatives Parham of the 122nd and Powell of the 23rd:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to change certain provisions relating to registration periods; to change certain provisions

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relating to reciprocal agreements for registration of commercial vehicles on ap portionment basis; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fee and plates. Referred to Committee on Transportation.
HB 544. By Representative Hudgens of the 24th: A bill to amend an Act providing a new charter for the City of Danielsville, so as to change provisions relating to the organizational meeting of the mayor and council; to correct and change certain numerical references in the Act; to revise and restate the term of the mayor.
Referred to Committee on State and Local Governmental Operations.
HB 547. By Representatives Manning of the 32nd, Wiles of the 34th, Sauder of the 29th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
Referred to Committee on State and Local Governmental Operations.
HB 554. By Representatives Whitaker of the 7th and Poag of the 6th: A bill to provide a homestead exemption from Fannin County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over.
Referred to Committee on State and Local Governmental Operations.
HB 555. By Representative Birdsong of the 123rd: A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change provisions relating to the compensation and expenses of the members of the board.
Referred to Committee on State and Local Governmental Operations.
HR 209. By Representatives Porter of the 143rd and Coleman of the 142nd: A resolution designating the bridge on State Highway 338 at Rocky Creek in Laurens County as the "Rubert Hogan Bridge".
Referred to Committee on Transportation.
HR 214. By Representative Martin of the 145th: A resolution designating a portion of State Highway 121 as the "William Lovel Lanier, Sr., Highway".
Referred to Committee on Transportation.
The following committee reports were read by the Secretary:
Mr. President: The Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

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SR 46. Do pass.

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

Mr. President:
The Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the fol lowing recommendation:
HB 265. Do pass.
Respectfully submitted, Senator Egan of the 40th District, Chairman

The following bills and resolutions were read the second time:

SB 106 HR 122

SR 100

HB 6

HB 56

HB 148

HR 119

Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Kemp was excused.

Senator Hill of the 4th moved that Senator Starr of the 44th be excused. On the mo tion, the yeas were 30, nays 0; the motion prevailed, and Senator Starr was excused.
The President called for the morning roll call, and the following Senators answered to their names:

Balfour Blitch Bowen Brown, 26th Brush Burton Butler Cable Cagle Cheeks Crotts Egan Fort Gillis Gingrey Guhl Harbison

Hecht Hill Hooks Huggins Jackson James Johnson.D Johnson,E Ladd Lamutt Land Lee Madden Marable Meyer von Bremen Perdue Polak

Price,R Price.T Ragan Ray Roberts Scott Smith Stephens Stokes Streat Tanksley Tate Thomas.D Thomas,N Thompson Walker Williams

Those not answering were:

Broun, 46th Dean

Golden Kemp (excused)

Starr (excused)

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

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Senator Price of the 56th introduced the chaplain of the day, Reverend Frank Lewis of Roswell, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 153. By Senators Hooks of the 14th and Meyer von Bremen of the 12th: A resolution commending the Lee County American All-Stars Dixie Youth baseball team.
SR 154. By Senators Hooks of the 14th, Bowen of the 13th, Meyer von Bremen of the 12th and Gillis of the 20th: A resolution recognizing and commending Clifford D. Woods.
SR 155. By Senator James of the 35th: A resolution proclaiming "Major Robert Hightower Day".
Senator Ragan of the llth introduced the doctor of the day, Dr. Sandra Reed, of Thomasville, Georgia. Senator Hill of the 4th introduced Coach Paul Johnson, of Georgia Southern University, commended by SR 133, adopted previously.
SENATE RULES CALENDAR Monday, February 15, 1999
TWENTY-FIRST LEGISLATIVE DAY

SB 49 Education-codes of conduct (Amendment)(Ed-4th)

SB 110

Temporary Assistance for Needy Families Act-qualified alien assistance (Substitute)(H&HS-22nd)

SB 14

Children, Teachers Right to Safe School Health Act-enact (Substitute)(Ed-10th)

SB 50 Education-educational care teams (Amendment)(Ed-52nd)

SB 24

Health Insurance-coverage for certain morbid obesity (Amendment) (I&L-lOth)

SR 14

Workplace-program to assist new mothers who are breastfeeding (I&L35th)

Respectfully submitted, 1st Scott of the 36th, Chairman
Senate Rules Committee
The following general bills were read the third time and put upon their passage:

SB 49. By Senators Starr of the 44th, Walker of the 22nd, Marable of the 52nd and Hill of the 4th:
A bill to amend Code Section 20-2-751.3, relating to student codes of conduct in elementary and secondary schools, so as to require that student codes of conduct include provisions addressing verbal assault, physical assault or bat tery, and disrespectful conduct toward teachers, administrators, other school personnel, other students, and persons attending school-related functions.

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The Senate Education Committee offered the following amendment:
Amend SB 49 by striking in their entirety lines 19 through 22 of page 1 and inserting in lieu thereof the following:
"(d)(l) Each student code of conduct shall contain provisions that address the follow ing conduct of students while students are riding on a school bus, on school prop erty, or attending school related functions:".
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson.E EX Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith EX Starr Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SB 110. By Senators Walker of the 22nd, Tate of the 38th, Jackson of the 50th and Smith of the 25th:
A bill to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Geor gia Annotated, known as the "Temporary Assistance for Needy Families Act," so as to change the provision relating to eligibility for assistance for qualified aliens.
The Senate Health and Human Services Committee offered the following substitute to SB 110:
A BILL
To be entitled an Act to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Temporary Assistance for Needy Families Act," so as to change the provisions relating to assistance for qualified aliens; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Temporary Assistance for Needy Families Act," is amended by striking subsection (b) of Code Section 49-4-188, relating to assistance for qualified aliens, and inserting in its place the following:

"(b) Qualified aliens who arrived in the United States prior to August 22, 1996, if utheiwisn eligible fui assistance under Lhe former Aid tu Families with Dependent Cliildreii piugi am, will continue to be eligible for assistance under the Georgia TANF Pro gram upon meeting the same qualifications and conditions as other applicants. Qualified aliens who arrived in the United States on or after August 22, 1996, will not be eligible for TANF assistance, except to the extent required by federal law; provided, however, that such qualified aliens will be eligible for cash assistance until July 1, J.yyyj miicss $u.cri jpcx'iuu is ^xtciiucu by ciis.ctrtiOiiL ot LliG"tireiit;i's.l Ass^mt}iy upon meeting the same qualifications and conditions as other applicants."

SECTION 2.

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

On the adoption of the substitute, the yeas were 36, nays 1, and the substitute was adopted.

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

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

N Balfour N Blitch Y Bowen Y Broun, 46th Y Brown, 26th N Brush N Burton Y Butler N Cable N Cagle N Cheeks N Crotts Y Dean Y Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

Y Harbison N Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D N Johnson.E EX Kemp N Ladd N Lamutt Y Land N Lee N Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

N Price,R Y Price.T Y Ragan N Ray N Roberts Y Scott Y Smith EX Starr N Stephens Y Stokes Y Streat N Tanksley
TlaaljtGp
Y Thomas,D Y Thomas,N Y Thompson Y Walker N Williams

On the passage of the bill, the yeas were 31, nays 22. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 14. By Senator Thomas of the 10th:

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327

A bill to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Georgia Children and Teachers Right to Safe School Health Act"; to provide that a lo cal board of education or a governing board of a nonpublic school may permit an employee or a person under contract to the board to assist students in selfadministration of medications.
Senator Thomas of the 10th asked unanimous consent that SB 14 be dropped to the foot of the Calendar. The consent was granted, and SB 14 was dropped to the foot of the Calendar.
Senator Broun of the 46th introduced Debra Harden, 1998 School Superintendent of the Year, commended by SR 7, adopted previously.
The Calendar was resumed.
SB 50. By Senators Marable of the 52nd, Dean of the 31st, Walker of the 22nd and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide for the appointment of an educational care team upon application by a local board of education; to provide for the duties of an educational care team; to provide for related matters; to provide for an effective date.
The Senate Education Committee offered the following amendment:
Amend SB 50 by striking line 27 of page 1 and inserting in lieu thereof the following:
"consistently underperforming or otherwise educationally challenged school, prepare a written".
On the adoption of the amendment, the yeas were 50, nays 0, and the committee amend ment was adopted.
Senator Land of the 16th offered the following amendment:
Amend SB 50 by striking lines 6 and 7 of page 1 and inserting in lieu thereof the following:
"team; to enact the "Early HOPE Scholarship Act of 1999"; to provide for a short title; to provide for legislative intent; to define certain terms; to provide that low-income students who are eligible to attend certain poorly performing public elementary and middle schools shall be eligible to receive scholarships to be applied toward the cost of tuition at participating private schools and adequate local schools; to provide for the amount of such scholarships; to provide for the administration of the Early HOPE scholarship program by the State Board of Education; to establish certain require ments for private schools that participate in the scholarship program; to authorize lo cal boards of education to use local education funds to supplement the scholarships provided for in this Act; to authorize the State Board of Education to promulgate cer tain rules; to provide for related matters; to provide for an effective date and applica bility; to repeal conflicting laws; and for other".
By striking line 4 of page 2 and inserting in lieu thereof the following:
"Said chapter is further amended by adding at the end thereof a new article, to be desig nated as Article 32, to read as follows:

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'ARTICLE 32
20-2-2080.
This article shall be known and may be cited as the "Early HOPE Scholarship Act of 1999."
20-2-2081.
Mindful of the primary obligation of the state to provide an adequate public education for its citizens under Article VIII, Section I, Paragraph I of the Constitution of Geor gia, and the authority vested in the General Assembly under Article VIII, Section VII of the Constitution of Georgia to authorize the expenditure of public funds to provide grants, scholarships, loans, or other assistance to students and to parents of students for educational purposes, it is the intent of the General Assembly to provide a means whereby:
(1) The state can fulfill a primary obligation under the Constitution of Georgia to provide public funds for the adequate education of its citizens through the provision of scholarships to low-income students who are compelled by state law and inade quate financial resources to attend poorly performing local schools; and
(2) Low-income students can enjoy greater opportunities for access to learning through the removal of financial barriers that prevent them from exercising the lib erty of choice as to their manner of life to which they are entitled under Article I, Section I, Paragraph I of the Constitution of Georgia.
20-2-2082.
As used in this article, the term:
(1) "Adequate local school" means a local school, other than an applicable local school, which is not part of the local school system in which an eligible low-income student resides.
(2) "Applicable local school" means a local elementary or middle school where, in the three consecutive years immediately preceding the school year for which a scholar ship is granted pursuant to this article to a low-income student attending such local elementary or middle school, the enrolled students in grades three and five, in the case of elementary schools, and grade eight, in the case of middle schools, scored be low the national fortieth percentile on each of the nationally norm-referenced instru ments in reading, mathematics, and science administered pursuant to Code Section 20-2-281.
(3) "Local board" means a county or independent board of education exercising con trol and management of a local school system pursuant to Article VIII, Section V, Paragraph II of the Constitution of Georgia.
(4) "Local school" means a public school in Georgia that is under the management and control of a local board.
(5) "Local school system" means the system of public schools established and main tained by a local board within its limits pursuant to Article VIII, Section V, Para graph I of the Constitution of Georgia.
(6) "Low-income student" means any student in grades kindergarten through nine, who is a member of a family with a gross household income equal to or less than 200 percent of the federal poverty level.

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(7) "Parents" means the natural or adoptive parent or parents, legal guardian, or other person or persons standing in loco parentis to or having legal custody of a child eligible and entitled to receive an education scholarship under this article, who is actually paying or will pay the tuition cost of attendance of such child at a private school or an adequate local school and who may redeem a scholarship awarded pur suant to this article.
(8) "Private school" shall have the same meaning as set forth in subsection (b) of Code Section 20-2-690.
(9) "State board" means the State Board of Education.
(10) "Tuition" means the actual tuition charged to a parent by a private school, or by an adequate local school pursuant to Code Section 20-2-133, and the additional cost to such parent of required uniforms, books, and home-to-school transportation.
20-2-2083.
Every low-income student who is otherwise eligible and qualified to attend an applica ble local school shall, in lieu of attending such local school, be eligible to receive a scholarship to be expended for the purpose of paying or otherwise defraying the cost of tuition at a private school or an adequate local school at which the low-income student is enrolled.
20-2-2084.
(a) The amount of a scholarship awarded pursuant to this article to a particular eligi ble low-income student shall be equal to the lesser of the following:
(1) The amount of tuition applicable to the private school or adequate local school where the student is enrolled; or
(2) Ninety percent of the state per pupil expenditure for the local school system in which the applicable school is located. The state per pupil expenditure shall be cal culated as the amount alloted to the local school system pursuant to Code Section 20-2-166 divided by the full-time equivalent program count of the local school sys tem, as determined pursuant to subsection (d) of Code Section 20-2-160.
(b) The state board shall annually provide a scholarship to every eligible low-income student.
(c) If an eligible low-income student transfers into a participating private school or ad equate local school after the beginning of the year, the amount of the scholarship may be prorated.
(d) A scholarship may be redeemed by the student's parent at any participating pri vate school or adequate local school.
(e) After the parent designates the participating private school or adequate local school in which the eligible low-income student is enrolled, the state board shall dis burse the student's scholarship funds in equal monthly amounts to the parent's ac count with the school. Monthly disbursement shall occur within 30 days of receipt of the school's statement of current enrollment. The parent's signature must be obtained at the school at the time of each payment.
(f) A low-income student receiving a scholarship pursuant to this article shall remain eligible to receive such scholarship for a period of time equal to the length of time the student would have been enrolled in the applicable local school had the student com pleted all of the grades available at the applicable local school.

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(g) A scholarship provided under this Code section is a grant of aid to a student through the student's parents and not to the private school or adequate local school in which the student is enrolled and is not taxable income. Regardless of the means used by the state for the distribution of scholarship aid under this article, for purposes of this article, all scholarship aid that ultimately flows to a participating school shall be deemed to do so only as a result of the genuinely independent and private choices of the scholarship recipients.
(h) A parent is free to choose any participating private school or adequate local school and that selection does not constitute a decision or act of the state or any of its subdivisions.
20-2-2085.
(a) A private school qualifies to participate in the program established pursuant to this article and has a right to participate in the program if the school:
(1) Complies with all the requirements imposed by the general statutory law of this state upon private schools;
(2) Does not discriminate on the basis of race, ethnicity, color, or national origin;
(3) Does not advocate the violation of persons or the property of persons or any other unlawful behavior; and
(4) Does not deliberately provide false or misleading information respecting the school.
(b) A private school or adequate local school becomes a participating school by re deeming a scholarship; provided, however, that an adequate local school may not re deem scholarships without authorization from its local board.
(c) A participating school shall not be obligated to provide transportation to students participating in the program.
(d) Nothing in this article shall be construed to compel a private school or adequate local school to become a participating school.
(e) Once a school becomes a participating school, it shall continue to participate until the completion of the school year.
(f) Nothing in this article shall be construed to compel a participating school to con tinue to participate in subsequent school years.
(g) A participating private school shall not be subject to any regulations or rules be yond those which apply to all private schools operating in this state; provided, how ever, that the state board may implement such minimal procedures as may be neces sary to administer the scholarship program in accordance with this article. Participating private schools, regardless of size, shall be accorded maximum flexibility to educate their students and shall be free from any and all regulation by a local board or the state board beyond that which may be lawfully imposed for the protection of the safety and welfare of citizens under the Constitution of Georgia and the United States Constitution.
20-2-2086.
Students receiving education scholarships under this article shall not be included in the full-time equivalent program count conducted under Code Section 20-2-160 for any local school system of this state for the purpose of allotment and distribution of state funds under Article 6 of this chapter.

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331

20-2-2087.
A local board may, at its election and pursuant to its right under Article VIII, Section VI, Paragraph I of the Constitution of Georgia to expend school tax funds for the sup port and maintenance of public education and the General Assembly's power under Article VIII, Section VII of the Constitution of Georgia to authorize the expenditure of public funds to provide scholarships, utilize local education funds to supplement the amount of the scholarships paid under this article. Any such supplemental funds shall be expended in an amount and under such procedures as may be prescribed by the local board.
20-2-2088.
The state board shall adopt such rules and guidelines as are necessary for the distri bution of the scholarships provided pursuant to this article.'
SECTION 3.
This Act shall become effective on July 1, 1999, and shall apply to the 1999-2000 school year and all school years subsequent thereto.".
By redesignating Section 3 as Section 4.
Senators Walker of the 22nd and Cheeks of the 23rd offered the following amendment:
Amend the Land amendment by striking the words "Early Hope Scholarship Act of 1999" on lines 5, 14, 31-32 and replacing it with "Redirection of School Funding Act of 1999"
On the adoption of the amendment, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th N Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D N Johnson.E EX Kemp N Ladd N Lamutt N Land N Lee Y Madden Y Marable Y Meyer von Bremen N Perdue Y Polak

N Price,R N Price.T Y Ragan N Ray N Roberts Y Scott Y Smith EX Starr N Stephens
Stokes Y Streat N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thompson Y Walker N Williams

On the adoption of the amendment, the yeas were 30, nays 23, and the Walker, Cheeks amendment to the Land amendment was adopted.
On the adoption of the Land amendment, a roll call was taken, and the vote was as follows:

Y Balfour

N Blitch

N Bowen

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N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle Y Cheeks Y Crotts N Dean Y Egan N Fort N Gillis Y Gingrey N Golden Y Guhl N Harbison N Hecht

N Hill N Hooks N Huggins N Jackson N James N Johnson,D Y Johnson,E EX Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak Y Price,R

Y Price.T N Ragan Y Ray Y Roberts N Scott N Smith EX Starr Y Stephens N Stokes N Streat Y Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 23, nays 31, and the Land amend ment was lost. Senator Brush of the 24th offered the following amendment: Amend SB 50 by deleting on page 1 line 28 after the word make "non binding" On the adoption of the amendment, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler N Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan N Fort N Gillis N Gingrey N Golden Y Guhl

N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James
Johnson,D Y Johnson.E EX Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak

Y Price,R Y Price.T N Ragan N Ray Y Roberts N Scott N Smith EX Starr N Stephens N Stokes N Streat N Tanksley N Tate Y Thomas,D N Thomas,N Y Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 18, nays 35, and the Brush amend ment was lost.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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333

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E EX Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith EX Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.
The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House:
HB 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1998-1999.
The House has agreed to the Senate substitute, as amended by the House, to the follow ing bill of the House:
HB 197. By Representative Floyd of the 138th: A bill to provide for the consolidation of the existing governments of the City of Hawkinsville and Pulaski County.
Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow; the motion prevailed, and at 12:52 p.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Tuesday, February 16, 1999
Twenty-second Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 217. By Representatives Lucas of the 124th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend Article 6 of Chapter 16 of Title 50 of the Official Code of Geor gia Annotated, relating to public property, so as to require each state official, branch, department, board, bureau, commission, or other state agency to sub mit an inventory of state buildings under its jurisdiction to certain committees of the General Assembly by October 1, 1999.
HB 82. By Representatives Birdsong of the 123rd, Reaves of the 178th, Royal of the 164th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an ex emption with respect to the sale of electricity for the operation of an irrigation system which is used on a farm exclusively for the irrigation of farm crops.
HB 110. By Representatives Mosley of the 171st, Scarlett of the 174th and Byrd of the 170th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Anno tated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for certain retired district attorneys.
HB 249. By Representative Campbell of the 42nd:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change the provisions relating to the offense of rape.
HB 295. By Representatives Childers of the 13th, Williams of the 114th, Jones of the 71st and others:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of the practice of dentistry, so as to change the provisions relating to definitions; to change the eligibility requirements for members of the Georgia Board of Dentistry.

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335

HB 388. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to require certain tobacco product manufacturers to establish and make deposits into certain escrow accounts.
HB 292. By Representatives Skipper of the 137th, Greene of the 158th, James of the 140th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a third judge of the superior courts of the Southwestern Judicial Circuit of Georgia.
HB 173. By Representative Snow of the 2nd:
A bill to amend Code Section 25-12-2 of the Official Code of Georgia Anno tated, relating to the definitions applicable to the regulation of fire extinguish ers and suppression systems, so as to change the definition of the term "firm".
The following bills were introduced, read the first time and referred to committees:
SB 169. By Senators Hecht of the 34th, Lee of the 29th and Meyer von Bremen of the 12th:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Anno tated, relating to tax executions, so as to provide for the transfer of certain tax liens; to provide for the identification of such tax lienholders for purpose of payment by a delinquent taxpayer; to provide for the time at which a trans feree of the original transferee of an execution may begin collection of a tax lien.
Referred to Committee on Finance and Public Utilities.
SB 170. By Senators Madden of the 47th, Huggins of the 53rd and Jackson of the 50th:
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' Ser vice Act of 1977," so as to change the definition of a certain term; to require wireless service suppliers to provide certain information to the Georgia Emer gency Management Agency; to change provisions regarding the subscribers from whom a monthly wireless enhanced "911" charge may be collected.
Referred to Committee on Finance and Public Utilities.
SB 171. By Senator Price of the 56th:
A bill to amend Code Section 31-6-2 of the Official Code of Georgia Annotated, relating to definitions regarding state health planning and development, so as to exclude from a definition the performance of radiation therapy in certain of fices; to provide for an effective date.
Senator Price of the 56th gave notice that at the proper time he would move to engross SB 171.
SB 172. By Senator Price of the 56th:

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A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Geor gia Annotated, relating to the regulation of hospitals and related institutions, so as to provide for certain medical records to be maintained by hospitals. Referred to Committee on Health and Human Services.
SR 157. By Senators Jackson of the 50th and Thompson of the 33rd: A resolution designating the Andrew Jackson Ash Memorial Bridge.
Referred to Committee on Transportation.
The following bills were read the first time and referred to committees:
HB 82. By Representatives Birdsong of the 123rd, Reaves of the 178th, Royal of the 164th and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an ex emption with respect to the sale of electricity for the operation of an irrigation system which is used on a farm exclusively for the irrigation of farm crops.
Referred to Committee on Finance and Public Utilities.
HB 110. By Representatives Mosley of the 171st and Byrd of the 170th: A bill to amend Code Section 16-11-130 of the Official Code of Georgia Anno tated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for certain retired district attorneys.
Referred to Committee on Judiciary.
HB 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1998-1999.
Referred to Committee on Appropriations.
HB 173. By Representative Snow of the 2nd: A bill to amend Code Section 25-12-2 of the Official Code of Georgia Anno tated, relating to the definitions applicable to the regulation of fire extinguish ers and suppression systems, so as to change the definition of the term "firm".
Referred to Committee on Consumer Affairs.
HB 217. By Representatives Lucas of the 124th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend Article 6 of Chapter 16 of Title 50 of the Official Code of Geor gia Annotated, relating to public property, so as to require each state official, branch, department, board, bureau, commission, or other state agency to sub mit an inventory of state buildings under its jurisdiction to certain committees of the General Assembly by October 1, 1999.
Referred to Committee on State and Local Governmental Operations (General).
HB 249. By Representative Campbell of the 42nd:

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337

A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change the provisions relating to the offense of rape.
Referred to Committee on Judiciary.
HB 292. By Representatives Skipper of the 137th, Greene of the 158th, James of the 140th and Hanner of the 159th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a third judge of the superior courts of the Southwestern Judicial Circuit of Georgia.
Referred to Committee on Special Judiciary.
HB 295. By Representatives Childers of the 13th, Williams of the 114th, Jones of the 71st and others:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of the practice of dentistry, so as to change the provisions relating to definitions; to change the eligibility requirements for members of the Georgia Board of Dentistry.
Referred to Committee on Health and Human Services.
HB 388. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to require certain tobacco product manufacturers to establish and make deposits into certain escrow accounts.
Referred to Committee on Banking and Financial Institutions.
The following committee reports were read by the Secretary:
Mr. President:
The Committee on Health and Human Services has had under consideration the fol lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 128. Do pass.
Respectfully submitted,
Senator Stokes of the 43rd District, Chairman
The following communication was received by the Secretary:
February 15, 1999
Honorable Greg Hecht, Vice Chairman Senate Judiciary Committee 321 Legislative Office Building Atlanta, Georgia 30334
Dear Senator Hecht:
As Chairman of the Senate Judiciary Committee I am directing that you preside in my absence over the scheduled Senate Judiciary Committee hearing to be held Monday, Feb ruary 15, 1999, at 3:00 p.m. in Room 450 of the Capitol.
I am unable to attend the meeting due to illness.

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Yours truly, /s/ Rene Kemp
Chairman, Senate Judiciary Committee

Mr. President:

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

SB 70. Do pass by substitute. SB 96. Do pass as amended.

SB 130. Do pass.

Respectfully submitted,

Senator Hecht of the 34th District, Vice Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 51. Do pass by substitute. SB 123. Do pass by substitute. SB 150. Do pass.

SB 154. Do pass. SB 155. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:
The Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 8. Do pass.
Respectfully submitted,
Senator Scott of the 36th District, Chairman

Mr. President:
The Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the fol lowing recommendation:
HB 371. Do pass.
Respectfully submitted,
Senator Egan of the 40th District, Chairman

The following bill and resolution were read the second time:

SR 46

HB 265

Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Kemp was excused.

Senator Hill of the 4th moved that Senator Blitch of the 7th be excused. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Blitch was excused.

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339

Senator Hill of the 4th moved that Senator Starr of the 44th be excused. On the mo tion, the yeas were 33, nays 0; the motion prevailed, and Senator Starr was excused.

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

Balfour Bowen Broun, 46th Brown, 26th Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden Guhl

Harbison Hecht Hill Hooks Huggins Jackson James Johnson,D Johnson,E Ladd Lamutt Land Lee Madden Marable Meyer von Bremen Perdue Polak

Price,R Price,T Ragan Ray Roberts Scott Smith Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,N Thompson Walker Williams

Those not answering were:

Blitch (excused)

Kemp (excused)

Starr (excused)

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Hecht of the 34th introduced the chaplain of the day, Mike Hardy, pastor of Pal metto Baptist Church, Palmetto, Georgia, who offered scripture reading and prayer.
The following resolution was read and adopted:
SR 156. By Senators Golden of the 8th and Hill of the 4th: A resolution commending Allison Colson.
Senator Dean of the 31st recognized representatives of Health Care for Rural and Underserved Georgians, commended by SR 127, adopted previously.
The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House:
HB 218. By Representatives Ragas of the 64th and Martin of the 47th:

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A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, and Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change provisions relating to termination of parental rights when the child is not in the parent's custody.
The following bill was read the first time and referred to committee:
HB 218. By Representatives Ragas of the 64th and Martin of the 47th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, and Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change provisions relating to termination of parental rights when the child is not in the parent's custody.
Referred to Committee on Health and Human Services.
The following bill was taken up to consider House action thereto:
HB 197. By Representative Floyd of the 138th:
A bill to provide for the consolidation of the existing governments of the City of Hawkinsville and Pulaski County.
The House amendment was as follows:
Amend the Senate substitute to HB 197 by striking "10-1-3" and inserting in its place "10-1-2" on line 36 of page 33.
Senator Perdue of the 18th moved that the Senate agree to the House amendment to the Senate substitute.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 197.
The time having arrived to entertain the motion, Senator Price of the 56th moved that the following bill be engrossed:
SB 171. By Senator Price of the 56th:
A bill to amend Code Section 31-6-2 of the Official Code of Georgia Annotated, relating to definitions regarding state health planning and development, so as to exclude from a definition the performance of radiation therapy in certain of fices; to provide for an effective date.
On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 171 was engrossed.
The President referred SB 171 to the Senate Health and Human Services Committee.

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341

SENATE RULES CALENDAR
Tuesday, February 16, 1999 TWENTY-SECOND LEGISLATIVE DAY

SB 24

Health Insurance-coverage for certain morbid obesity (Amendment) (I&L-lOth)

SR 14 HB 148

Workplace-program to assist new mothers who are breastfeeding (I&L35th)
Georgia Cotton Producers Indemnity Fund of 1999; create (Substitute)(Ag-4th) Lane-146th

SB 87 Trucks, Buses, Truck Tractors-display requirements (Trans-19th)

SB 62

Electronic Records, Signatures Act-legal effect, admissibility (Substitute)(DS&T-21st)

SB 124

Venue-authorize courts to apply doctrine of forum non conveniens (S Judy-48th)

Respectfully submitted, Isl Scott of the 36th, Chairman
Senate Rules Committee

The following general bills were read the third time and put upon their passage:

SB 24. By Senator Thomas of the 10th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to insurance generally, so as to require health insurers to offer comprehensive medical or surgical coverage for the treatment of mor bidly obese patients when said treatment is ordered, conducted, or supervised by health care providers specializing in the management of patients so afflicted.

The Senate Insurance and Labor Committee offered the following amendment:
Amend SB 24 by striking lines 24 and 25 on page 3 and inserting in lieu thereof the following:
"Commissioner on or after July 1, 1999, which provides major medical benefits may of fer coverage for the".
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour EX Blitch
Bowen Y Broun, 46th
Brown, 26th

Brush Y Burton Y Butler Y Cable N Cagle

Y Cheeks Y Crotts Y Dean N Egan Y Fort

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Y Gillis Y Gingrey
Golden N Guhl Y Harbison
Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E EX Kemp

Y Ladd Y Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R
Price.T Ragan Y Ray Y Roberts

Y Scott Y Smith EX Starr N Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 40, nays 5. The bill, having received the requisite constitutional majority, was passed as amended. Senator Hooks of the 14th introduced the 1998 Youth Baseball World Series Champions, commended by SR 153, adopted previously. The Calendar was resumed.

SR 14. By Senators James of the 35th and Butler of the 55th:

A resolution encouraging employers to establish family-friendly workplace en vironments by establishing programs or policies to assist new mothers who continue to breastfeed upon reentering the workforce.

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 Balfour EX Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E EX Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T
Ragan Y Ray Y Roberts Y Scott Y Smith EX Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

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343

On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

HB 148. By Representatives Lane of the 146th, Martin of the 145th, Purcell of the 147th and others:

A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Cotton Producers Indemnity Fund of 1999.

The Senate Agriculture Committee offered the following substitute to HB 148:

A BILL
To be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relat ing to agriculture, so as to create the Georgia Cotton Producers Indemnity Fund of 1999; to provide for the payment of indemnity payments to compensate certain cotton produc ers in this state for losses incurred as a result of the loss of properly stored, harvested cotton as the result of the bankruptcy of a warehouseman, broker, or other party or par ties in possession of such cotton or warehouse receipts evidencing title to such cotton, an improper conversion or transfer of such cotton, the issuance of bad checks in payment for such cotton, or other hazards or events as determined by the Commissioner of Agri culture; to provide for a statement of authority; to provide for definitions; to provide for powers and duties of the Commissioner and the department; to provide for the filing, in vestigation, and payment of claims; to provide for practices, procedures, and require ments relative to the fund, claims, and payments; to provide for appropriations; to pro vide for subrogation of rights; to prohibit the making of false claims; to provide for penalties; to provide for the repayment of funds to the United States and the general fund of the state treasury under certain circumstances; to provide for contingent repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding at the end thereof a new Chapter 18 to read as follows:

2-18-1.

"CHAPTER 18

This chapter is enacted pursuant to the authority granted to the General Assembly by Article III, Section VI, Paragraph II(a)(3) of the Constitution of the State of Georgia and section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277, and is for the purpose of creating an indemnity fund and making expenditures from such fund to indemnify cot ton producers in this state for losses incurred in 1998 or 1999 from the loss of certain properly stored, harvested cotton.
2-18-2.

As used in this chapter, the term: (1) 'Commissioner' means the Commissioner of Agriculture of this state.

(2) 'Department' means the Department of Agriculture of this state.

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(3) 'Eligible cotton producer' means a person, partnership, corporation, or other en tity that grew cotton in this state and that incurred a loss in 1998 or 1999 of such properly stored, harvested cotton as the result of the bankruptcy of one or more warehousemen, brokers, or other parties in possession of such cotton or warehouse receipts evidencing title to such cotton; an improper conversion or transfer of such cotton; the issuance of one or more bad checks in payment for such cotton; or other hazards or events as determined by the Commissioner.
(4) 'Federal act' means section 1121 of the federal Omnibus Consolidated and Emer gency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277.
(5) 'Secretary of agriculture' means the secretary of agriculture of the United States.
2-18-3.
(a) The Commissioner shall have the following powers and duties:
(1) To promulgate suitable rules and regulations to carry out the provisions and purposes of this chapter;
(2) To request from the Attorney General and any court, agency, or department such assistance and data as will enable the Commissioner to determine the losses of cotton producers for which indemnity payments are available pursuant to this chap ter and whether, and the extent to which, a claimant qualifies for such compensa tion. Any person, corporation, partnership, court, agency, or department is author ized to provide the Commissioner with the information requested upon receipt of a request from the Commissioner. Any provision of law providing for confidentiality of records does not apply to a request of the Commissioner pursuant to this Code sec tion; provided, however, that the Commissioner shall preserve the confidentiality of any such records received;
(3) To investigate each individual claim, utilizing, to the extent necessary, electronic warehouse receipt records, financial and banking records, market price records, and other records and documentation necessary to verify the claim;
(4) To reinvestigate or reopen denied claims for awards filed with the Commissioner pursuant to this chapter as the Commissioner deems necessary;
(5) To apply for funds from, and to submit all necessary forms and reports to, any federal agency participating in a cooperative program to compensate cotton produc ers who are eligible for indemnity payments pursuant to this chapter and to receive and administer federal funds for the purposes of this chapter;
(6) To make indemnity payments to eligible cotton producers in the manner author ized by this chapter. Indemnity payments shall be made directly to eligible cotton producers;
(7) To carry out programs designed to inform affected cotton producers of the pur poses and requirements of this chapter and the indemnity program created pursu ant to this chapter; and
(8) To make a report to the secretary of agriculture, Congress, the Governor, and the General Assembly on or before October 1, 1999, and a report upon concluding the affairs of the Georgia Cotton Producers Indemnity Fund of 1999 describing the state's efforts to use the indemnity fund to provide compensation to injured cotton producers.
(b) The Commissioner and the department shall assist applicants with their claims for indemnity payments through educational programs and administrative assistance.

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345

(c) Neither rule making nor any proceeding or hearing under the program authorized by this chapter shall be subject in any way to Chapter 13 of Title 50, the 'Georgia Ad ministrative Procedure Act.' 2-18-4.
(a) A claim may be filed by an eligible cotton producer, as defined in Code Section 218-2. In any case in which the person entitled to make a claim is mentally incompe tent or is deceased, the claim may be filed on his or her behalf by his or her guardian, executor, or such other individual as is authorized to administer his or her estate.
(b) A claim must be filed by the claimant not later than July 1, 1999; provided, how ever, that, upon good cause shown, the Commissioner may extend the time for filing for a period not exceeding two months after such date. Claims shall be filed in the of fice of the Commissioner in person or by mail. The department shall provide forms for use in filing claims.
(c) The claim shall be verified and shall contain the following:
(1) The name, address, and telephone number of the claimant;
(2) A description of the amount, nature, and circumstances of the loss;
(3) A statement of the extent to which the cotton producer has been or may reason ably be expected to be indemnified or reimbursed for these losses from any other source, including the proceeds of any distribution by a trustee in bankruptcy;
(4) An authorization permitting the Commissioner to verify the contents of the ap plication; and
(5) Such other information as the Commissioner may require. 2-18-5.
(a) There is created a fund to be known as the Georgia Cotton Producers Indemnity Fund of 1999. The Commissioner shall be the custodian of the fund, shall administer the fund, and may invest the resources of the fund in the same manner and fashion that an insurer authorized to issue contracts of life insurance is authorized to invest its resources.
(b) The fund shall consist of $5 million of federal moneys received pursuant to section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropria tions Act for Fiscal Year 1999, Public Law 105-277; all moneys appropriated by the General Assembly as required by section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277, for the purpose of compensating claimants under this chapter; any other moneys made available to the fund; and any interest or earnings on such moneys ac cruing to the fund.
(c) All funds appropriated to or otherwise paid into the fund shall be presumptively concluded to have been committed to the purpose for which they have been appropri ated or paid and shall not lapse.
(d) The Commissioner is authorized, subject to the limitations contained in this chap ter, to disburse the appropriate indemnity payments to the persons eligible for such payments under this chapter from the Georgia Cotton Producers Indemnity Fund of 1999.
(e) Following the receipt of all claims, the investigation of each claim, as necessary, and the making of a determination that an award should or should not be paid for each claim filed, the Commissioner is authorized to draw warrants upon the Georgia

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Cotton Producers Indemnity Fund of 1999 to pay the indemnity amounts granted to eligible recipients from such fund. If the total amount of all claims approved for pay ment exceeds the total amount available in the fund for such payments, a pro rata payment shall be made to each approved claimant in the proportion that such claim ant's approved claim amount bears to the total of all approved claims.
(f) All amounts in the Georgia Cotton Producers Indemnity Fund of 1999 shall be paid out no later than January 1, 2000. If more than $5 million has been paid to cotton producers prior to such date and the total amount of eligible claims is less than $10 million, any excess funds in the Georgia Cotton Producers Indemnity Fund of 1999 shall be paid to the general fund of the state treasury. If less than $5 million has been paid to cotton producers, the difference between the total amount paid to cotton pro ducers and $5 million shall be returned to the secretary of agriculture of the United States and any amounts remaining above such $5 million shall be paid to the general fund of the state treasury.
2-18-6.
Acceptance of an indemnity payment made pursuant to this chapter shall subrogate the state, to the extent of such indemnity payment, to any right or right of action ac cruing to the claimant to recover payments on account of losses resulting from the loss of the cotton or proceeds from the sale of the cotton with respect to which the indem nity payment is made. Acceptance of an indemnity payment made pursuant to this chapter shall constitute an agreement on the part of the recipient to repay to the Commissioner for deposit into the general fund of the state treasury any and all amounts, except those amounts in excess of any indemnity payment, recovered by the claimant in any bankruptcy proceeding, other civil action, or in any other way arising from the loss of cotton or the loss of proceeds from the sale of cotton for which an in demnity payment has been made pursuant to this chapter. The requirements of this Code section shall be included in and made a condition of any claim filed pursuant to this chapter.
2-18-7.
Any person who asserts a false claim under the provisions of this chapter shall be guilty of a violation of Code Section 16-10-20 and, upon conviction, shall be punished as provided in such Code section. Upon conviction thereof, such person shall further forfeit any benefit received pursuant to this chapter and shall reimburse and repay the state for payments received or paid on his or her behalf pursuant to any of the provisions of this chapter.
2-18-8.
No indemnity payments shall be paid pursuant to this chapter unless the General As sembly appropriates not less than $5 million of state funds to the Georgia Cotton Pro ducers Indemnity Fund of 1999, and such appropriated state funds become available to the fund on or before July 1, 1999, for the purpose of making indemnity payments. This chapter shall be repealed on July 1, 1999, if the General Assembly has not appro priated $5 million or more of state funds on or before such date to match the $5 mil lion in federal funds made available for the purpose of making indemnity payments pursuant to the federal act. If this chapter is repealed pursuant to the provisions of this Code section, all moneys received from the United States pursuant to the federal act shall be repaid to the secretary of agriculture as provided in the federal act. If this

TUESDAY, FEBRUARY 16, 1999

347

chapter is repealed as provided in this Code section, the Commissioner and the de partment shall be authorized to assist the secretary of agriculture in determining eli gibility of Georgia cotton producers for indemnity payments by the secretary."

SECTION 2.

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

SECTION 3.

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

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.

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

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

Y Balfour EX Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E EX Kemp
Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price.R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith EX Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate
Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

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

SB 87. By Senators Streat of the 19th, Huggins of the 53rd, Tate of the 38th and others:
A bill to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Geor gia Annotated, relating to equipment of motor vehicles generally, so as to change the provisions relating to display of owner's name on certain trucks; to provide that it shall be unlawful to operate in this state any bus, truck, or truck tractor having a manufacturer's gross vehicle weight rating or an owner declared gross weight of 10,001 or more pounds or transporting hazardous materials in a quantity requiring placarding which does not comply with the name and other display requirements of this Act.
ienators Streat of the 19th and Ladd of the 41st offered the following amendment:

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Amend SB 87 by inserting on page 1, line 5, after the word "operate" the words "for hire ._

only purposes".

SS

8

and by inserting on page 3, line 27, after the word "operate" the words "for hire only '|

purposes".

*'

On the adoption of the amendment, the yeas 32, nays 0, and the Streat, Ladd amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour EX Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson.E EX Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith EX Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Y Thomas.D Y Thomas ,N Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following resolution was read and put upon its adoption:

SR 161. By Senators Hooks of the 14th and Walker of the 22nd:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General As sembly shall adjourn at 5:00 P.M. on Wednesday, February 17, 1999, and shall reconvene on Monday, February 22, 1999.
BE IT FURTHER RESOLVED that for the duration of the remainder of the 1999 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.

TUESDAY, FEBRUARY 16, 1999

349

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.
On the adoption of the resolution, the yeas were 43, nays 0, and the resolution was adopted.
The Calendar was resumed.
SB 62. By Senators Lamutt of the 21st, Polak of the 42nd, Johnson of the 1st and others:
A bill to amend Chapter 12 of Title 10 of the Official Code of Georgia Anno tated, the "Georgia Electronic Records and Signatures Act," so as to change the provisions relating to definitions; to provide for the legal effect, validity, and admissibility of electronic records, electronic signatures, and secure elec tronic signatures; to provide for exceptions.
The Senate Defense, Science and Technology Committee offered the following substitute to SB 62:
A BILL
To be entitled an Act to amend Chapter 12 of Title 10 of the Official Code of Georgia An notated, the "Georgia Electronic Records and Signatures Act," so as to change the provi sions relating to definitions; to provide for the legal effect, validity, and admissibility of electronic records, electronic signatures, and secure electronic signatures; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 12 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Electronic Records and Signatures Act," is amended by striking Code Sections 10-12-3 and 10-12-4, which read as follows:
"10-12-3.
As used in this chapter the term:
(1) 'Electronic signature' means an electronic or digital method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed the electronic signature is invalidated.
(1.1) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity, and also includes any de partment, agency, authority, or instrumentality of the state or its political subdivisions.
(2) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. 'Re cord' includes both electronic records and printed, typewritten, and tangible records. 10-12-4.
Any person may, but shall not be required to, accept or agree to be bound by an elec tronic record which is executed or adopted with an electronic signature and, where that acceptance or agreement is otherwise required to be witnessed or notarized,

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which is witnessed or notarized using an electronic signature. Where a person or other entity accepts or agrees to be bound by an electronic record as provided in this Code section, then:
(1) Any rule of law which requires a record of that type to be in writing shall be deemed satisfied;
(2) Any rule of law which requires a signature shall be deemed satisfied; and
(3) Any rule of law which requires a witness or notary shall be deemed satisfied by the electronic signature of such witness or notary.",
and inserting in their place the following: "10-12-3.
As used in this chapter the term:
(1) 'Electronic' means, without limitation, analog, digital, electronic, magnetic, mechanical, optical, chemical, electromagnetic, electromechanical, electrochemical, or other similar means.
(2) 'Electronic record' means information created, transmitted, received, or stored bv electronic means and retrievable in human perceivable form.
(3) 'Electronic signature' means a signature created, transmitted, received, or storet by electronic means and includes but is not limited to a secure electronic signature:
(4) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity, and also includes any depart ment, agency, authority, or instrumentality of the state or its political subdivisions.
(5) 'Record' means information created, transmitted, received, or stored either in human perceivable form or in a form that is retrievable in human perceivable form.
(6) 'Secure electronic signature' means an electronic or digital method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed the electronic signature is invalidated.
(7) 'Signature' means any symbol or method that a person causes to be attached to or logically associated with a record with the intent to sign such record. 10-12-4.
(a) Records and signatures, which are authenticated as provided by law, shall not be denied legal effect or validity solely on the grounds that they are electronic.
(b) In any legal proceeding, an electronic record or electronic signature, which is au thenticated as authorized by law, shall not be inadmissible as evidence solely on the basis that it is electronic.
(c) When a rule of law requires a writing, an electronic record, which is authenticated as authorized by law, satisfies that rule of law.
(d) When a rule of law requires a signature, an electronic signature, which is authen ticated as authorized by law, satisfies that rule of law.
(e) When a rule of law requires an original record or signature, an electronic record or electronic signature, which is authenticated as authorized by law, shall satisfy such rule of law.

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(f) Nothing in this Code section shall prevent a party from contesting an electronic re cord or signature on the basis of fraud.
(g) Where the authenticity or the integrity of an electronic record or signature is chal lenged in a court of law, the proponent of the electronic record or signature shall have the burden of proving that the electronic record or signature is authentic.
(h) Notwithstanding the preceding subsections of this Code section, the legal validity, effect, and admissibility of electronic records and electronic signatures shall be limited as follows:
(1) Each department, agency, authority, or instrumentality of the state or its politi cal subdivisions shall determine how and the extent to which it will create, send, re ceive, store, recognize, accept, be bound by, or otherwise use electronic records or electronic signatures. Nothing in this chapter shall be construed to require any de partment, agency, authority, or instrumentality of the state or its political subdivi sions to create, send, receive, store, recognize, accept, be bound by, or otherwise use electronic records or electronic signatures;
(2) A consumer shall not be required to create, send, receive, recognize, accept, be bound by, or otherwise use electronic records or electronic signatures without such consumer's express or implied consent. This paragraph shall apply to natural per sons when engaged in transactions involving money, property, or services primarily used for household purposes; and
(3) The provisions of this Code section shall not apply to any rule of law governing the creation or execution of a will or testamentary or donative trust, living will, or health care power of attorney, or to any record that serves as a unique and transfer able physical token of rights and obligations, including, without limitation, negotia ble instruments and instruments of title wherein possession of the instrument is deemed to confer title.
(i) Any rule of law which requires a notary shall be deemed satisfied by the secure electronic signature of such notary."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour EX Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks

Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht
Hill

Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E EX Kemp Y Ladd Y Lamutt Y Land Y Lee

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Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan

Y Ray Y Roberts Y Scott Y Smith EX Starr Y Stephens Y Stokes Y Streat

Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

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

SB 124. By Senators Ray of the 48th and Kemp of the 3rd:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions regarding venue, so as to authorize the courts of this state to apply the doctrine of forum non conveniens; to provide for procedures, conditions, and limitations; to provide for stays or dismissals; to provide for court orders and modification thereof; to amend Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to direct and interlocutory appeals, so as to provide for appeals from orders staying or dismissing an action on the basis of forum non conveniens.
Senator Egan of the 40th moved that SB 124 be committed to the Senate Special Judici ary Committee.
On the motion, the yeas were 42, nays 0; the motion prevailed, and SB 124 was commit ted to the Senate Special Judiciary Committee.
Serving as doctor of the day was Dr. Andrew Reisman of Oakwood, Georgia.
Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m., tomorrow; the motion prevailed, and at 11:32 a.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Wednesday, February 17, 1999 Twenty-third Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 477. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th and others:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the effective date of creation and tax abatement for certain residential enterprise zones and provide for conditions and limitations relating thereto.
HB 478. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th and others:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the effective date of creation and tax abatement for certain commercial enterprise zones and provide for conditions and limitations relating thereto.
HB 483. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th and others:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to provide the City of Atlanta with the authority to change the effective date for local enter prise zones that remain undeveloped as a result of a unanticipated develop ment impediments.
HB 484. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th and others:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the effective date of creation and tax abatement for certain residential enterprise zones and provide for conditions and limitations relating thereto.
HB 606. By Representatives McClinton of the 68th, Mobley of the 69th and Stuckey of the 67th:
A bill to amend an Act creating a new charter for the City of Decatur, in DeKalb County, so as to enhance the powers, duties, and rights of the Board of Education of the City of Decatur so as to reconstitute the board of education to contract for short-term debt.
HB 271. By Representatives Grindley of the 35th, Graves of the 125th, Childers of the 13th and others:

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A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Geor gia Annotated, relating to general provisions relative to physicians, physicians' assistants, and respiratory care, so as to provide for minimum prescription or refill supplies of certain medications during a certain period.
HB 224. By Representatives Reichert of the 126th, Walker of the 141st, Wiles of the 34th and others:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Anno tated, relating to business corporations, so as to provide that a shareholder may by means of electronic transmission appoint a proxy to vote for him or her.
HB 397. By Representatives Rogers of the 20th and Tolbert of the 25th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to the superior courts, so as to provide for an additional judge of the Northeastern Judicial Circuit.
HB 106. By Representatives Parham of the 122nd, Stephens of the 150th, Martin of the 145th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the listings of con trolled substances and dangerous drugs.
HB 128. By Representatives Cooper of the 31st, Jenkins of the 110th, Poag of the 6th and others:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Geor gia Annotated, relating to general provisions applicable to jails, so as to pro vide for the establishment of guard lines at jails and signs indicating such guard lines; to prohibit the crossing of guard lines with weapons, intoxicants, or drugs without consent of the sheriff or municipal jailer or the sheriff or mu nicipal jailer's designated representative.
HB 80. By Representative Jones of the 71st:
A bill to amend Part 2 of Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to professional bondsmen, so as to authorize sheriffs to require professional bondsmen to submit to the sheriff for his or her approval a list of bail recovery agents employed by such bondsmen.
HB 261. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory por tion of the Official Code of Georgia Annotated, as amended.
HB 262. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other er rors and omissions in Title 47 of the Official Code of Georgia Annotated, and

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in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Of ficial Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated.
HB 264. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omis sions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Anno tated, to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.
HB 330. By Representatives Howard of the 118th, Smyre of the 136th, Alien of the 117th and others:
A bill to amend Code Section 20-3-84 of the Official Code of Georgia Anno tated, relating to the Advisory Board to the Center for Trade and Technology Transfer, so as to change the reference to such board; to change provisions re lating to the membership thereof; to provide that the Center for Trade and Technology Transfer shall be attached to the University System of Georgia for administrative purposes only.
The House has adopted by the requisite constitutional majority the following resolutions of the House and Senate:
HR 208. By Representative Jamieson of the 22nd:
A resolution designating the Veterans Memorial Way.
SR 161. By Senators Hooks of the 14th and Walker of the 22nd:
A resolution relative to adjournment.
The following bills were introduced, read the first time and referred to committees:
SB 173. By Senator Price of the 28th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, the "Georgia Election Code," so as to change the dates for the general primary and nonpartisan primary; to delete certain provisions relating to primaries held in the same week as national political conventions; to provide for an effective date.
Referred to Committee on State and Local Governmental Operations (General).
SB 174. By Senator Price of the 28th:
A bill to amend Code Section 48-7-20 of the Official Code of Georgia Anno tated, relating to the income tax rate for individuals, fiduciaries, and partner ships, so as to provide for a gradual reduction in the income tax rate over a period of four years; to provide an effective date; to provide applicability.
Referred to Committee on Finance and Public Utilities.
SB 175. By Senator Price of the 28th:

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A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Geor gia Annotated, relating to serious crimes and offenses involving motor vehicles and traffic, so as to change the punishment for fleeing or attempting to elude a police officer; to provide that such offense shall be a felony and shall be sub ject to a mandatory term of imprisonment.
Referred to Committee on Public Safety.
SB 176. By Senators Land of the 16th, Meyer von Bremen of the 12th and Hecht of the 34th:
A bill to amend Titles 9 and 15 of the Official Code of Georgia Annotated, re lating respectively to civil practice and the courts, so as to provide for a sys tem of gathering, processing, transmission, compilation, and analysis of infor mation relating to civil and criminal cases; to provide for the design, completion, and filing of case filings and dispositions information forms; to provide for assistance of the clerk of the court for unrepresented parties.
Referred to Committee on Judiciary.
SB 177. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to provide for the de termination of certain millage rates; to provide for definitions; to provide for certification of taxable values and millage rates; to provide for the adoption of millage rate resolutions and ordinances.
Referred to Committee on Finance and Public Utilities.
SB 178. By Senators Walker of the 22nd and Dean of the 31st:
A bill to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Geor gia Annotated, "The Telecommunications and Competition Development Act of 1995," so as to change certain provisions relating to written authorization of charges made by telecommunications companies for services provided by third parties; to provide that such requirements shall apply to third parties that are not affiliated with the telecommunications company.
Referred to Committee on Finance and Public Utilities.
SB 179. By Senators Hooks of the 14th, Broun of the 46th, Gillis of the 20th and others:
A bill to provide for legislative findings; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for definitions; to provide for application for designa tion as a Regional Economic Assistance Project (REAP); to provide for the con tents of the application and the minimum criteria for such designation.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 180. By Senators Fort of the 39th, Walker of the 22nd, Lee of the 29th and others:
A bill to amend Title 41 of the Official Code of Georgia Annotated, relating to nuisances, so as to provide for actions to abate and enjoin drug related nui sances; to provide for legislative findings and definitions; to provide who may

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file an action; to provide for complaints, affidavits, jurisdiction, and venue; to provide that complaints shall allege evidence of illegal activities relating to drugs and adverse impact.
Referred to Committee on Judiciary.
SB 181. By Senators Walker of the 22nd, Madden of the 47th and Golden of the 8th:
A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Geor gia Annotated, relating to insurance agents, agencies, subagents, counselors, and adjusters, so as to change certain provisions relating to licensing of only individuals as agents; to change certain provisions relating to limited licenses.
Referred to Committee on Insurance and Labor.
SB 182. By Senators Brush of the 24th and Hill of the 4th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Anno tated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, so as to provide that an applicant for a renewable certificate who plans to teach grades K-3 shall be required to have taken a minimum of three courses in teaching reading.
Referred to Committee on Higher Education.
SB 183. By Senator Brush of the 24th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Geor gia Annotated, relating to general provisions relative to state property, so as to prohibit the naming or renaming of state property for any living elected public official; to provide an effective date.
Referred to Committee on State and Local Governmental Operations (General).
SB 184. By Senator Brush of the 24th:
A bill to amend an Act providing for a new charter for the City of Grovetown so as to change certain provisions relating to the powers and duties of the mayor.
Referred to Committee on State and Local Governmental Operations.
SB 185. By Senators Tate of the 38th, Price of the 56th, Thomas of the 10th and others:
A bill to amend Code Section 31-6-2 of the Official Code of Georgia Annotated, relating to definitions relative to health care services and facilities, so as to provide a change within the definition of the term "new institutional health service" which will exempt from certificate of need requirements radiation therapy performed in the office of an individual physician or single group practice of private physicians.
Senator Tate of the 38th gave notice that at the proper time, she would move to engross SB 185.
SB 186. By Senator Thompson of the 33rd:

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A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Geor gia Annotated, relating to procedures for sentencing and imposition of punish ment, so as to provide an increased punishment for misdemeanors involving fraud or abuse of a person over 65 years of age; to provide for applicability.
Referred to Committee on Judiciary.
SB 187. By Senator Thompson of the 33rd:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Geor gia Annotated, relating to service creditable toward retirement under the Teachers Retirement System of Georgia, so as to provide for creditable service for certain prior service with an independent school system; to provide for the payment of employer and employee contributions together with interest.
Referred to Committee on Retirement.
SB 188. By Senators Madden of the 47th, Jackson of the 50th, Gillis of the 20th and others:
A bill to amend Article 1 of Chapter 7 of Title 47 of the Official Code of Geor gia Annotated, relating to general provisions relative to the Georgia Firefighter's Pension Fund, so as to expand the scope of firefighters eligible to become members of the fund; to change a certain definition; to repeal Code Section 47-7-2, relating to the purpose of the fund; to provide conditions for an effective date and automatic repeal.
Referred to Committee on Retirement.
SR 158. By Senator Price of the 28th:
A resolution proposing an amendment to the Constitution so as to eliminate the annual levy of state ad valorem taxes on certain tangible property except for the purpose of defending the state in an emergency; to provide for the sub mission of this amendment for ratification or rejection.
Referred to Committee on Finance and Public Utilities.
The following bills were read the first time and referred to committees:
HB 80. By Representative Jones of the 71st:
A bill to amend Part 2 of Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to professional bondsmen, so as to authorize sheriffs to require professional bondsmen to submit to the sheriff for his or her approval a list of bail recovery agents employed by such bondsmen.
Referred to Committee on Judiciary.
HB 106. By Representatives Parham of the 122nd, Stephens of the 150th, Martin of the 145th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the listings of con trolled substances and dangerous drugs.
Referred to Committee on Health and Human Services.
HB 128. By Representatives Cooper of the 31st, Jenkins of the 110th, Poag of the 6th and others:

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A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Geor gia Annotated, relating to general provisions applicable to jails, so as to pro vide for the establishment of guard lines at jails and signs indicating such guard lines; to prohibit the crossing of guard lines with weapons, intoxicants, or drugs without consent of the sheriff or municipal jailer or the sheriff or mu nicipal jailer's designated representative.
Referred to Committee on Corrections, Correctional Institutions and Property.
HB 224. By Representatives Reichert of the 126th, Walker of the 141st, Wiles of the 34th and others:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Anno tated, relating to business corporations, so as to provide that a shareholder may by means of electronic transmission appoint a proxy to vote for him or her.
Referred to Committee on Special Judiciary.
HB 261. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory por tion of the Official Code of Georgia Annotated, as amended.
Referred to Committee on Special Judiciary.
HB 262. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other er rors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Of ficial Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated.
Referred to Committee on Special Judiciary.
HB 264. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omis sions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Anno tated, to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.
Referred to Committee on Special Judiciary.
HB 271. By Representatives Grindley of the 35th, Graves of the 125th, Childers of the 13th and Irvin of the 45th:

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A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Geor gia Annotated, relating to general provisions relative to physicians, physicians' assistants, and respiratory care, so as to provide for minimum prescription or refill supplies of certain medications during a certain period.
Referred to Committee on Health and Human Services.
HB 330. By Representatives Howard of the 118th, Smyre of the 136th, Alien of the 117th and others:
A bill to amend Code Section 20-3-84 of the Official Code of Georgia Anno tated, relating to the Advisory Board to the Center for Trade and Technology Transfer, so as to change the reference to such board; to change provisions re lating to the membership thereof; to provide that the Center for Trade and Technology Transfer shall be attached to the University System of Georgia for administrative purposes only.
Referred to Committee on Defense, Science and Technology.
HB 397. By Representatives Rogers of the 20th and Tolbert of the 25th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to the superior courts, so as to provide for an additional judge of the Northeastern Judicial Circuit.
Referred to Committee on Special Judiciary.
HB 477. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th and others:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the effective date of creation and tax abatement for certain residential enterprise zones and provide for conditions and limitations relating thereto.
Referred to Committee on State and Local Governmental Operations.
HB 478. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th and others:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the effective date of creation and tax abatement for certain commercial enterprise zones and provide for conditions and limitations relating thereto.
Referred to Committee on State and Local Governmental Operations.
HB 483. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th and others:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to provide the City of Atlanta with the authority to change the effective date for local enter prise zones that remain undeveloped as a result of a unanticipated develop ment impediments.
Referred to Committee on State and Local Governmental Operations.
HB 484. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th and others:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the effective date of creation and tax abatement for certain residential enterprise zones and provide for conditions and limitations relating thereto.

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Referred to Committee on State and Local Governmental Operations.

HB 606. By Representatives McClinton of the 68th, Mobley of the 69th and Stuckey of the 67th:
A bill to amend an Act creating a new charter for the City of Decatur, in DeKalb County, so as to enhance the powers, duties, and rights of the Board of Education of the City of Decatur so as to reconstitute the board of education to contract for short-term debt.
Referred to Committee on State and Local Governmental Operations.

HR 208. By Representative Jamieson of the 22nd: A resolution designating the Veterans Memorial Way.
Referred to Committee on Transportation.

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Defense, Science and Technology 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 67. Do pass.

HB 312. Do pass by substitute.

Respectfully submitted,

Senator Polak of the 42nd District, Chairman

Mr. President: The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 99. Do pass by substitute. Respectfully submitted,
Senator Broun of the 46th District, Chairman

Mr. President:

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

SB 98. Do pass as amended. SB 138. Do pass by substitute. HB 33. Do pass. HB 35. Do pass.

HB 147. Do pass. HB 167. Do pass. HB 176. Do pass.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

Mr. President:
The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 29. Do pass by substitute.

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Respectfully submitted, Senator Madden of the 47th District, Chairman

Mr. President:

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

SB 134. Do pass. SB 151. Do pass.

SB 167. Do pass.

Respectfully submitted,

Senator Thomas of the 10th District, Chairman

Mr. President:

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

SR 108. Do pass. SR 109. Do pass.

HR 57. Do pass. HR 95. Do pass.

Respectfully submitted,

Senator Streat of the 19th District, Chairman

The following bills and resolution were read the second time:

SB 51 SB 150

SB 70 SB 154

SB 96 SB 155

SB 123 SR 8

SB 128 HB 371

SB 130

Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused. On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Kemp was excused.

Senator Hill of the 4th moved that Senator Starr of the 44th be excused. On the mo tion, the yeas were 38, nays 0; the motion prevailed, and Senator Starr was excused.

Senator Brush of the 24th moved that Senator Polak of the 42nd be excused. On the motion, the yeas were 43, nays 0; the motion prevailed, and Senator Polak was excused.

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

Balfour Blitch Bowen Broun, 46th Brown, 26th Brush Burton Butler Cable Cagle Cheeks Crotts Egan

Fort Gillis Gingrey Golden Guhl Harbison Hecht Hill Hooks Huggins Jackson James Johnson,D

Johnson,E Ladd Lamutt Land Lee Madden Marable Meyer von Bremen Perdue Price.R Price,T Ragan Ray

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Roberts Scott Smith Stephens Stokes

Streat Tanksley Tate Thomas,D

Those not answering were:

Dean Kemp (excused)

Polak (excused)

Thomas,N Thompson Walker Williams
Starr (excused)

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Meyer von Bremen of the 12th introduced the chaplain of the day, Dr. Timothy Bagwell, pastor of Porterfield Memorial United Methodist Church, Albany, Georgia, who offered scripture reading and prayer.
Senator Thompson of the 33rd introduced the doctor of the day, Dr. Jack Saltz, of Pow der Springs, Georgia.
Senator Broun of the 46th introduced Maxine and Bob Burton, commended by SR 82, adopted previously. Senator Cheeks of the 23rd introduced Andy Baumgartner, commended by SR 27, adopted previously.
The following resolutions were read and adopted:
SR 159. By Senators Burton of the 5th, Ladd of the 41st, Williams of the 6th and others: A resolution commending NationsBank/BankAmerica on their generous chari table giving.
SR 160. By Senators Marable of the 52nd, Dean of the 31st, Thompson of the 33rd and others: A resolution recognizing and commending the Georgia Congress of Parents and Teachers; declaring Wednesday, February 17, 1999, as Georgia PTA Day and National PTA Founders Day.
SR 162. By Senators Burton of the 5th and Williams of the 6th: A resolution commending World Vision's 30-Hour Famine.
SR 163. By Senators Hecht of the 34th, Ray of the 48th and Harbison of the 15th: A resolution honoring Mr. James Hugh Lindsey.
SR 164. By Senators Marable of the 52nd, Dean of the 31st, Madden of the 47th and others: A resolution commending Bill Barr.
The following local, uncontested bills of the Senate, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:

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SENATE LOCAL CONSENT CALENDAR
Wednesday, February 17, 1999 TWENTY-THIRD LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the leg islation.)

SB 134

Thompson, 33rd Hecht, 34th AUSTELL IN COBB and DOUGLAS COUNTIES

A bill to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas Counties, as amended, so as to change the provisions relating to the time of election, taking of of fice, and terms of office of the mayor and councilmembers; to provide for the authority of this Act.

SB 151

Jackson, 50th UNION COUNTY

A bill to create the Union County Family Connection Commission; to provide for the appointment of members; to provide for terms, oaths, duties, and powers; to authorize the commission to receive and expend funds; to provide for related matters; to provide for an annual report; to provide for an effective date; to provide for reviews.

SB 167

Cheeks, 23rd Walker, 22nd AUGUSTA

A bill to amend an Act providing for the consolidated government of Augusta, Georgia, as amended, so as to change the provisions relating to the filling of vacancies in the office of the mayor or in the member ship of the commission; to repeal certain provisions relating to affirma tive action and equal opportunities.

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts

Y Dean Y Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins

Y Jackson Y James Y Johnson,D Y Johnson,E EX Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen

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Y Perdue EX Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts

Y Scott Y Smith EX Starr Y Stephens
Stokes Streat Y Tanksley

Y Tate Y Thomas,D
Thomas.N Y Thompson Y Walker Y Williams

On the passage of the local bills, the yeas were 49, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.
The time having arrived to entertain the motion, Senator Tate of the 38th moved that the following bill be engrossed:

SB 185. By Senators Tate of the 38th, Price of the 56th, Thomas of the 10th and others:
A bill to amend Code Section 31-6-2 of the Official Code of Georgia Annotated, relating to definitions relative to health care services and facilities, so as to provide a change within the definition of the term "new institutional health service" which will exempt from certificate of need requirements radiation therapy performed in the office of an individual physician or single group practice of private physicians.
On the motion, the yeas were 33, nays 1; the motion prevailed, and SB 185 was engrossed.
The President referred SB 185 to the Senate Health and Human Services Committee.

SENATE RULES CALENDAR
Wednesday, February 17, 1999 TWENTY-THIRD LEGISLATIVE DAY

SB 13

Local Governing Authorities-volunteer firemen as members (Substitute)(SLGO-G-17th)

SB 32

Education-SAT preparatory course, certain public schools (Substitute)(Ed-35th)

SB 38

Advisory Committee on Pain Management for Terminally Ill-appoint ment, membership (Amendment)(H&HS-47th)

HR 119 Baldwin, Bibb, Chatham, Cobb, and other counties; grant easements (F&PU-31st) Lucas-124th

HR 122

Cobb, Hall, and Laurens counties; convey property (F&PU-31st) Lu cas-124th

SB 133

Speech-Language Pathologists and Audiologists-licensure, meetings of board (AmendmentXC Aff-lOth)

Respectfully submitted, 1st Scott of the 36th, Chairman
Senate Rules Committee

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The following general bills were read the third time and put upon their passage:
SB 13. By Senators Crotts of the 17th, Dean of the 31st, Guhl of the 45th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties and municipal cor porations, so as to provide an exception for certain volunteer firefighters to serve as a member of the governing authority of a county or municipal corporation.
The Senate State and Local Governmental Operations Committee offered the following substitute to SB 13:
A BILL
To be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia An notated, relating to general provisions applicable to counties and municipal corporations, so as to provide an exception for certain volunteer firefighters to serve as a member of the governing authority of a county or municipal corporation; to provide for statutory construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general pro visions applicable to counties and municipal corporations, is amended by adding at the end a new Code section to read as follows:
"36-60-22.
(a) As used in this Code section, the term Volunteer firefighter' means a person who is a volunteer firefighter, as defined in Code Section 47-7-1, relating to definitions re garding the Georgia Firefighters' Pension Fund, and who receives no compensation for services as a volunteer firefighter other than:
(1) Actual expenses incurred;
(2) A per diem for services;
(3) Contributions to the Georgia Firefighters' Pension fund;
(4) Workers' compensation coverage under Chapter 9 of Title 34; or
(5) Any combination of items specified in paragraphs (1) through (4) of this subsection.
(b) Notwithstanding the provisions of Code Section 36-30-4, 45-2-2, or any other provi sion of law to the contrary, a volunteer firefighter for a county or municipal corpora tion shall be eligible to serve as a member of the governing authority of that county or municipal corporation.
(c) Nothing in this Code section shall require a county or municipal governing author ity to make any of the payments or offer the benefits to volunteer firefighters specified in subsection (a) of this Code section."
SECTION 2.
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.

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367

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler
Cable Y Cagle
Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E EX Kemp Y Ladd
Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue EX Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith EX Starr
Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thompson Y Walker Y Williams

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

SB 32. By Senators James of the 35th, Tate of the 38th and Butler of the 55th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to authorize implementation of a Scholastic Aptitude Test preparatory course for certain public schools; to provide that the contents of such course may be pre scribed by each local board of education.
The Senate Education Committee offered the following substitute to SB 32:
A BILL
To be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to au thorize implementation of a Scholastic Assessment Test preparatory course for certain public schools; to provide for elective credit for such course; to provide that the contents of such course may be prescribed by each local board of education; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, re lating to competencies and core curriculum, is amended by adding at the end thereof a new Code Section 20-2-146 to read as follows:
"20-2-146.

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(a) All schools with grade ten or above may make available to eligible students a Scholastic Assessment Test preparatory course. Such course of study shall be de signed to offer an opportunity for review and practice to students preparing to take the Scholastic Assessment Test. The course may be offered periodically in the manner prescribed by the local board.
(b) Each local board of education shall be authorized to supplement and develop the exact approach of content areas of such Scholastic Assessment Test preparatory course with such specific curriculum standards as it may deem appropriate.
(c) For the purposes of earning Carnegie unit curriculum credits at the high school level, completion of the Scholastic Assessment Test preparatory course may be ac cepted by the State Board of Education for one-half unit of elective credit."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senators Cagle of the 49th, Johnson of the 1st and Price of the 56th offered the follow ing amendment:
Amend the substitute to SB 32 by striking lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the 'Quality Basic Education Act,' so as to authorize implementation of a".
By inserting after the word and symbol "education;" on line 7 of page 1 the following:
"to require local boards of education to adopt policies defining the adequate academic performance of students and to prohibit the promotion of students in violation of such policies; to provide for waivers of such prohibition; to require that students in the third grade be able to read at grade level; to authorize the State Board of Education to promulgate certain regulations; to provide for the application of these requirements to students in special education programs;".
By striking lines 11 through 13 of page 1 and inserting in lieu thereof the following:
"Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the 'Qual ity Basic Education Act,' is amended in Part 2, relating to competencies and core cur riculum, by adding at the end thereof a new".
By inserting between line 32 of page 1 and line 1 of page 2 the following:
"SECTION 2.
Said article is further amended in Part 2, relating to competencies and core curriculum, by adding at the end thereof a new Code Section 20-2-147 to read as follows:
'20-2-147.
(a) Local boards of education shall adopt policies defining the adequate academic per formance of students, and no student shall be promoted from one grade to another in violation of that policy.
(b) The restriction on promotion in this Code section shall not apply to any disabled student who is lawfully assigned to a special education program unless such restric tion is consistent with the student's Individualized Education Program.
(c) A local board of education may waive the restriction on promotion in this Code sec tion upon finding that the restriction imposes an undue hardship upon the student or in other circumstances where good cause is shown.'

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369

SECTION 3.

Said article is further amended in Code Section 20-2-281, relating to assessment of the effectiveness of educational programs, by adding at the end thereof a new subsection, to be designated as subsection (f), to read as follows:

'(f) No student shall be promoted from grade three unless the student is able to read at grade level. The State Board of Education is authorized to adopt regulations to im plement this subsection. The requirements of this subsection shall not apply to any disabled student who is lawfully assigned to a special education program unless such requirements are consistent with the student's Individualized Education Program.'".

By redesignating Section 2 as Section 4.

Senator Walker of the 22nd requested a ruling of the Chair as to the germaneness of the amendment.

The President ruled the amendment not germane.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks
Huggins Y Jackson Y James Y Johnson.D Y Johnson.E EX Kemp Y Ladd
Y Lamutt
Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue EX Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott
Smith EX Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

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

SB 38. By Senators Madden of the 47th, Starr of the 44th and Hecht of the 34th:
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 Management for the Terminally 111 within the office of the joint-secretary

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of the state examining boards; to provide for committee appointment, member ship, terms, qualifications, vacancies, expenses, allowances, and organization; to provide for committee rights, duties, and functions.

The Senate Health and Human Services Committee offered the following amendment:
Amend SB 38 by striking "12" and inserting "15" on line 29 of page 1. By striking "Two" and inserting "Three" on line 30 of page 1. By adding ", one of whom shall be an anesthesiologist specializing in the care of chronic pain," after "physician" on line 1 of page 2. By adding "practicing in a nursing home" after "nurse" on line 22 of page 2. By striking "and" at the end of line 27 of page 2, and striking the period at the end of line 28 of page 2 and inserting a semicolon. By adding between lines 28 and 29 of page 2 the following:
"(12) One member shall be a clergy member with experience in hospice; and (13) One member shall be a representative of the American Association of Retired Persons (AARP) or other advocate representing elder issues." On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th
Brush Y Burton Y Butler N Cable N Cagle Y Cheeks Y Crotts Y Dean N Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D N Johnson,E EX Kemp N Ladd
N Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen
Perdue EX Polak

N Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith EX Starr N Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas.N Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 39, nays 9. The bill, having received the requisite constitutional majority, was passed as amended.

HR 119. By Representatives Lucas of the 124th, Parham of the 122nd, Dean of the 48th and others:

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A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utilities, telecommunications, railroad crossings, water and sanitary sewer lines, access, and pipelines in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Bibb, Chatham, Cobb, Floyd, Fulton, Houston, Long, Newton, Paulding, and Towns counties.

Senate Sponsor: Senator Dean of the 31st.

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:

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E EX Kemp Y Ladd
Y Lamutt Y Land Y Lee Y Madden Y Marable
Meyer von Bremen Y Perdue EX Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith EX Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

HR 122. By Representatives Lucas of the 124th, Rogers of the 20th, Smith of the 19th and Porter of the 143rd:

A resolution authorizing the conveyance of certain state owned real property located in Cobb County authorizing the conveyance of certain state owned real property located in Hall County authorizing the conveyance of certain state owned real property located in Laurens County.

Senate Sponsor: Senator Dean of the 31st.

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 Balfour Y Blitch Y Bowen Y Broun, 46th

Y Brown, 26th Y Brush Y Burton Y Butler

Y Cable Y Cagle Y Cheeks Y Crotts

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Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D

Y Johnson,E EX Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue EX Polak Y Price,R Y Price.T Y Ragan Y Ray

Y Roberts Y Scott Y Smith EX Starr
Stephens Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Walker Y Williams

On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SB 133. By Senators Thomas of the 10th, Walker of the 22nd, Balfour of the 9th and others:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Anno tated, relating to speech-language pathologists and audiologists, so as to change the provisions relating to definitions; to change the provision relating to meeting times of the board; to provide for an additional exemption from licensure; to change the standards for licensure; to provide for temporary licenses.

The Senate Consumer Affairs Committee offered the following amendment: Amend SB 133 by adding "of hearing loss" after "identification" on line 18 of page 1. By adding "case" immediately preceding "management" on line 19 of page 1. On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks

Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht
Hill

Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E EX Kemp Y Ladd Y Lamutt Y Land Y Lee

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Y Madden Y Marable Y Meyer von Bremen
Perdue EX Polak Y Price,R Y Price.T Y Ragan

Y Ray Y Roberts Y Scott Y Smith EX Starr Y Stephens
Stokes Y Streat

Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Madden of the 47th introduced Dr. O.G. Daniel, commended by SR 95, adopted previously. Senator Dean of the 31st moved that the Senate stand in recess until 5:00 p.m. and at that time, pursuant to SR 161, adjourn until 11:00 a.m. Monday, February 22, 1999; the motion prevailed.
At 5:00 p.m., the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, February 22, 1999
Twenty-fourth Legislative Day
The Senate met pursuant to adjournment at 11:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of Wednesday, February 17, 1999 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 632. By Representatives Lewis of the 14th, Childers of the 13th and Cummings of the 27th:
A bill to amend an Act entitled "An Act to reincorporate the City of Cartersville in the County of Bartow," so as to change provisions relative to the sale of a city-owned utility; to change certain provisions relative to the granting of franchises and contracts for public utilities.
HB 641. By Representatives Martin of the 145th and Lane of the 146th:
A bill to amend an Act revising and consolidating provisions relating to the probate judge, sheriff, clerk of superior court, and tax commissioner of Bulloch County and their offices and personnel therein, so as to provide for cost-of-living and longevity increases in the salary of the tax commissioner.
HB 644. By Representative Reese of the 85th:
A bill to create a new charter for the City of Suwanee.
HB 356. By Representatives Porter of the 143rd, Parham of the 122nd, Channell of the lllth and others:
A bill to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Geor gia Annotated, the "Georgia Motor Vehicle Franchise Practices Act," so as to change the definition of "dealer," "franchise," and "franchisor"; to provide for the filing of petitions with the Department of Revenue; to provide for dam ages, the burden of proof, standing, and venue in actions under this article.
HB 235. By Representative Twiggs of the 8th:
A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Geor gia Annotated, relating to general provisions applicable to sheriffs, so as to provide that a sheriff or employee of such officer shall be authorized to store for computer retrieval any or all records, dockets, books, indices, or files and to combine or consolidate any records, dockets, books, indices, or files in con nection with the maintenance of any records required by law.
HB 115. By Representatives Wiles of the 34th, Parsons of the 40th, Powell of the 23rd and others:

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375

A bill to amend Code Section 40-5-31 of the Official Code of Georgia Anno tated, relating to replacement drivers' licenses or permits, so as to provide for issuance or a replacement license or permit for the period of time remaining on the original issuance.
HB 530. By Representatives Holmes of the 53rd, Hudson of the 120th, Scott of the 165th and others:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, relating to elections and primaries generally, so as to change provisions relating to qualifying fees; to clarify the computation of time provision; to pro vide that persons who hold elective or party office cannot simultaneously serve as an election superintendent.
HB 531. By Representatives Holmes of the 53rd, Hudson of the 120th, Scott of the 165th and others:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, relating to elections and primaries generally, so as to change the provi sions relating to optical scanning voting systems in order to conform the law to the technology in use; to change provisions relating to the number of optical scanning systems needed to change references to ballot cards or labels.
SB 3. By Senators Thompson of the 33rd, Tanksley of the 32nd and Stokes of the 43rd:
A bill to amend Article 3 of Chapter 12 of Title 45, relating to appointments by the Governor, so as to change provisions relating to appointment of attor neys as executive counsel by the Governor; to change the number of counsel who may be so appointed.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 207. By Representatives Twiggs of the 8th, Rogers of the 20th, Coleman of the 142nd and others:
A resolution proclaiming Thunder Road USA-Georgia Racing Hall of Fame as Georgia's official Racing Hall of Fame.
HR 347. By Representatives Connell of the 115th, Williams of the 114th, Howard of the 118th and others:
A resolution commending the Augusta-Richmond County Human Relations Commission.
The following bills were introduced, read the first time and referred to committees:
SB 189. By Senator Lee of the 29th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Geor gia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to require certain documentary evidence regarding owner names.
Referred to Committee on Finance and Public Utilities.
SB 190. By Senator Lee of the 29th:

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A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to change the provisions relating to definitions; to provide for jurisdiction of juvenile courts over certain public school students for the violation of school codes of conduct; to prohibit such persons from being taken into custody.
Referred to Committee on Judiciary.
SB 191. By Senators Cagle of the 49th, Johnson of the 1st and Cheeks of the 23rd:
A bill to amend Chapter 3 of Title 19 of the Official Code of Georgia Anno tated, relating to marriage generally, so as to provide for covenant marriage; to provide for a short title; to provide for definitions; to provide for procedures; to provide for conditions and limitations; to provide for duties and authority of the office of Attorney General; to provide effective dates.
Referred to Committee on Judiciary.
SB 192. By Senator Burton of the 5th:
A bill to amend Article 18 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to liability insurance for state and local school officials and employees, so as to authorize local school boards to include provisions in suring certain nonprofit volunteer organizations and their members in insur ance policies and indemnity contracts purchased for school officials and employees.
Referred to Committee on Insurance and Labor.
SB 193. By Senators Polak of the 42nd and Hecht of the 34th:
A bill to amend Chapter 17 of Title 48 of the Official Code of Georgia Anno tated, relating to taxation of coin operated amusement machines, so as to pro vide for definitions; to prohibit specified conduct by owners and operators of amusement machines, owners or operators of businesses where amusement machines are available for commercial use and play by the public and their employees, agents, and representatives.
Referred to Committee on Defense, Science and Technology.
SB 194. By Senators Smith of the 25th, Johnson of the 2nd, Thomas of the 10th and others:
A bill to amend Code Section 20-2-218 of the Official Code of Georgia Anno tated, relating to a duty-free lunch period for teachers employed in grades K through 5, so as to remove a certain limitation on the implementation of the duty-free lunch period; to provide for payments to teachers who are not pro vided with a duty-free lunch period.
Senator Smith of the 25th gave notice that at the proper time, she would move that SB 194 be engrossed.
SB 195. By Senators Hill of the 4th, Stokes of the 43rd, Madden of the 47th and others:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Geor gia Annotated, the "Hospital Authorities Law," so as to provide for a short ti tle and legislative intent and findings; to provide for definitions; to provide for

MONDAY, FEBRUARY 22, 1999

377

the certification of certain rural hospitals for grant eligibility; to provide for the award of grants to certain rural hospitals under certain conditions and for certain purposes.
Referred to Committee on Health and Human Services.
SB 196. By Senators Hill of the 4th and Jackson of the 50th:
A bill to amend Code Section 15-12-40 of the Official Code of Georgia Anno tated, relating to compilation, maintenance, and revision of jury lists, so as to authorize the use of or reference to certain lists and compilations of citizens of the county.
Referred to Committee on Judiciary.
SB 197. By Senators Hill of the 4th, Madden of the 47th, Ragan of the llth and others:
A bill to amend Article 1 of Chapter 21 of Title 36 of the Official Code of Geor gia Annotated, relating to provisions applicable to counties, so as to authorize the provision of employee benefits to counties, the Association County Com missioners of Georgia, consolidated governments, local authorities, commis sions, and other similar and related entities.
Referred to Committee on Insurance and Labor.
SB 198. By Senators James of the 35th, Butler of the 55th and Tate of the 38th:
A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to contracts and purchases by public schools, so as to provide for certain criteria which shall be met prior to any contract being en tered into a local school system for privatization of certain school services; to provide for applicability.
Referred to Committee on Education.
SB 199. By Senators Hecht of the 34th, Jackson of the 50th, Hill of the 4th and others:
A bill to amend Code Section 30-5-5 of the Official Code of Georgia Annotated, relating to investigation of reporters of need for protective services under the "Disabled Adults and Elder Persons Protection Act," so as to authorize the di rector of the county department of family and children services or the direc tor's designee to file a petition in the superior court to seek immediate access to a disabled adult or elder person who may be in imminent danger as a result of abuse, exploitation, or neglect.
Referred to Committee on Consumer Affairs.
SB 200. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Madden of the 47th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create the Consumers' Insurance Advocate and deputy ad vocate; to provide definitions; to provide powers; to provide for compensation; to provide for entries of appearance; to provide for notice and discovery; to pro vide for remedies; to provide for employment of consultants, experts, wit nesses, and other employees.
Referred to Committee on Insurance and Labor.

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SB 201. By Senators Brush of the 24th, Hooks of the 14th, Land of the 16th and others:
A bill to amend Code Section 20-2-250 of the Official Code of Georgia Anno tated, relating to projects to improve educational effectiveness, so as to author ize the State Board of Education to provide grants to schools for pilot account ability programs to encourage student achievement; to authorize the state board to promulgate rules and regulations relating to such grants.
Referred to Committee on Education.
SB 202. By Senators Ray of the 48th, Roberts of the 30th, Hooks of the 14th and Fort of the 39th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists, Article 8 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health service provider psychologists, and Chapter 39 of Title 43 of the Official Code of Geor gia Annotated, relating to psychologists, so as to authorize certain psycholo gists to prescribe drugs in certain circumstances.
Referred to Committee on Health and Human Services.
SB 203. By Senators Thompson of the 33rd and Hecht of the 34th:
A bill to amend Code Section 15-11-5 of the Official Code of Georgia Anno tated, relating to the jurisdiction of the juvenile court, so as to provide that the superior court shall have exclusive jurisdiction over matters concerning children 13 to 17 years of age who are alleged to have committed the crime of arson in the first degree.
Referred to Committee on Judiciary.
SB 204. By Senator Crotts of the 17th:
A bill to amend an Act reincorporating the City of McDonough, as amended, so as to change the corporate boundaries of said city; to provide for a special election to be conducted by the election superintendent of Henry County with the costs thereof paid by the City of McDonough; to provide for effective dates and automatic repeal.
Referred to Committee on State and Local Governmental Operations.
The following bills were read the first time and referred to committees:
HB 115. By Representatives Wiles of the 34th, Parsons of the 40th, Powell of the 23rd and others:
A bill to amend Code Section 40-5-31 of the Official Code of Georgia Anno tated, relating to replacement drivers' licenses or permits, so as to provide for issuance or a replacement license or permit for the period of time remaining on the original issuance.
Referred to Committee on Public Safety.
HB 235. By Representative Twiggs of the 8th:

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379

A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Geor gia Annotated, relating to general provisions applicable to sheriffs, so as to provide that a sheriff or employee of such officer shall be authorized to store for computer retrieval any or all records, dockets, books, indices, or files and to combine or consolidate any records, dockets, books, indices, or files in con nection with the maintenance of any records required by law.
Referred to Committee on Defense, Science and Technology.
HB 356. By Representatives Porter of the 143rd, Parham of the 122nd, Channell of the lllth and others:
A bill to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Geor gia Annotated, the "Georgia Motor Vehicle Franchise Practices Act," so as to change the definition of "dealer," "franchise," and "franchisor"; to provide for the filing of petitions with the Department of Revenue; to provide for dam ages, the burden of proof, standing, and venue in actions under this article.
Referred to Committee on Finance and Public Utilities.
HB 530. By Representatives Holmes of the 53rd, Hudson of the 120th, Scott of the 165th and others:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, relating to elections and primaries generally, so as to change provisions relating to qualifying fees; to clarify the computation of time provision; to pro vide that persons who hold elective or party office cannot simultaneously serve as an election superintendent.
Referred to Committee on State and Local Governmental Operations (General).
HB 531. By Representatives Holmes of the 53rd, Hudson of the 120th, Scott of the 165th and others:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, relating to elections and primaries generally, so as to change the provi sions relating to optical scanning voting systems in order to conform the law to the technology in use; to change provisions relating to the number of optical scanning systems needed to change references to ballot cards or labels.
Referred to Committee on Defense, Science and Technology.
HB 632. By Representatives Lewis of the 14th, Childers of the 13th and Cummings of the 27th:
A bill to amend an Act entitled "An Act to reincorporate the City of Cartersville in the County of Bartow," so as to change provisions relative to the sale of a city-owned utility; to change certain provisions relative to the granting of franchises and contracts for public utilities.
Referred to Committee on State and Local Governmental Operations.
HB 641. By Representatives Martin of the 145th and Lane of the 146th:
A bill to amend an Act revising and consolidating provisions relating to the probate judge, sheriff, clerk of superior court, and tax commissioner of Bulloch County and their offices and personnel therein, so as to provide for cost-of-living and longevity increases in the salary of the tax commissioner.
Referred to Committee on State and Local Governmental Operations.

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HB 644. By Representative Reese of the 85th: A bill to create a new charter for the City of Suwanee.
Referred to Committee on State and Local Governmental Operations.

HR 207. By Representatives Twiggs of the 8th, Rogers of the 20th, Coleman of the 142nd and others:
A resolution proclaiming Thunder Road USA-Georgia Racing Hall of Fame as Georgia's official Racing Hall of Fame.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.

The following committee reports were read by the Secretary:

Mr. President:

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

SR 128. Do pass. SR 135. Do pass. SR 136. Do pass. HB 34. Do pass.

HB 77. Do pass. HB 78. Do pass. HB 121. Do pass.

Respectfully submitted,

Senator Ragan of the llth District, Chairman

Mr. President:

The Committee on Appropriations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the fol lowing recommendations:

HB 143. Do pass by substitute.

HB 149. Do pass.

Respectfully submitted,

Senator Hooks of the 14th District, Chairman

Mr. President:

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

SB 54. Do pass by substitute.

SB 139. Do pass as amended.

Respectfully submitted,

Senator Stokes of the 43rd District, Chairman

The following communication was received by the Secretary:
February 15, 1999
Honorable Greg Hecht, Vice Chairman Senate Judiciary Committee 321 Legislative Office Building Atlanta, Georgia 30334

Dear Senator Hecht:

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381

As Chairman of the Senate Judiciary Committee I am directing that you preside in my absence over the scheduled Senate Judiciary Committee hearing to be held Wednesday, February 17, 1999, at 4:00 p.m. in the Senate Mezzanine of the Capitol.
I am unable to attend the meeting due to illness.

Yours truly, /s/ Rene' Kemp
Chairman, Senate Judiciary Committee

Mr. President:

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

SB 117. Do pass. SB 118. Do pass. SB 161. Do pass.

HB 278. Do pass. HB 279. Do pass by substitute.

Respectfully submitted,

Senator Hecht of the 34th District, Vice Chairman

Mr. President:

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

HB 183. Do pass as amended.

HB 233. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

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

SB 124. Do pass by substitute.

SB 140. Do pass by substitute.

Respectfully submitted,

Senator Egan of the 40th District, Chairman

Mr. President:

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

SB 184. Do pass. HB 199. Do pass by substitute. HB 200. Do pass by substitute.

HB 201. Do pass by substitute. HB 437. Do pass. HB 606. Do pass.

Respectfully submitted,

Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

SB 29

SB 98

SB 99

SB 138

SR 108

SR 109

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HB 33 HB 312

HB 35 HR 57

HB 67 HR 95

HB 147

HB 167

HB 176

Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused. On the motion, the yeas were 44, nays 0; the motion prevailed, and Senator Kemp was excused.

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

Balfour Blitch Bowen Broun, 46th Brown, 26th Brush Burton Butler Cable Cagle Cheeks Crotts Dean Fort Gillis Gingrey Golden

Guhl Harbison Hecht Hill Hooks Huggins Jackson James Johnson.D Johnson.E Ladd Lamutt Land Lee Madden Marable Meyer von Bremen

Perdue Polak Price,R Price,T Ragan Ray Roberts Smith Starr Stephens Streat Tanksley Tate Thomas,D Thompson Walker Williams

Those not answering were:

Egan Kemp (excused)

Scott Stokes

Thomas,N

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Dean of the 31st introduced the chaplain of the day, Reverend Jerry Mahan, pastor of the First Baptist Church, Cedartown, Georgia, who offered scripture reading and prayer. Senator Brown of the 26th introduced representatives of the Cherry Blossom Festival, commended by SR 121, adopted previously.
The following resolution was read and adopted:
SR 169. By Senator Bowen of the 13th: A resolution recognizing and commending Miss Jaye Frazier, 1999 Georgia Watermelon Queen.
Senator Bowen of the 13th introduced Ms. Jaye Frazier, 1999 Georgia Watermelon Queen, commended by SR 169. Senator Stokes of the 43rd introduced U.S. Congresswoman Cynthia McKinney, com mended by SR 149, adopted previously, who addressed the Senate briefly.

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383

Senator Meyer von Bremen of the 12th introduced U.S. Congressman Sanford Bishop, who addressed the Senate briefly.
The following resolutions were read and adopted:
SR 165. By Senator Lee of the 29th: A resolution honoring the Georgia Humanities Council and Dr. Jamil S. Zainaldin and recognizing February 25, 1999, as Georgia Humanities Council Day at the State Capitol.
SR 166. By Senators Ragan of the llth, Meyer von Bremen of the 12th, Hooks of the 14th and others: A resolution honoring April Brinson, Miss Georgia 1998.
SR 167. By Senators James of the 35th, Brown of the 26th, Tate of the 38th and others: A resolution declaring March 8, 1999, as "Safe Drivers' Awareness Day" and urging all drivers to observe all driver safety laws and to exercise reasonable caution and good judgment while driving.
SR 168. By Senator Bowen of the 13th: A resolution recognizing the Cordele-Crisp County Fish Fry and commending Mr. Richard E. Smith, Mr. James Nance, Mr. Don Tucker, and Ms. Jean Burnette.
SR 170. By Senator Jackson of the 50th: A resolution commending Billy Shaw.
SR 171. By Senator Jackson of the 50th: A resolution recognizing The Preservers at Stephens County Middle School.
SR 173. By Senator James of the 35th: A resolution commending the Georgia Outreach Parent Training Network and observing Monday, February 22, 1999, as Georgia Outreach Parent Training Network Day.
HR 347. By Representatives Connell of the 115th, Williams of the 114th, Howard of the 118th and others: A resolution commending the Augusta-Richmond County Human Relations Commission.
Senator Thomas of the 10th introduced the doctor of the day, Dr. Charmaine Heard, of Fairburn, Georgia.
The following local, uncontested bills of the Senate and House favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Monday, February 22, 1999
TWENTY-FOURTH LEGISLATIVE DAY

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(The names listed with each bill are the Senators whose districts are affected by the leg islation.)

HB 199

Perdue, 18th PULASKI COUNTY

A bill to amend an Act providing for the minimum compensation for certain county officers of Pulaski County, so as to change the officials to which such Act is applicable. (SUBSTITUTE)

HB 200 Perdue, 18th PULASKI COUNTY

A bill to repeal and Act creating the office of Commissioner of Pulaski County; to provide for a contingent effective date. (SUBSTITUTE)

HB 201 Perdue, 18th CITY OF HAWKINSVILLE

A bill to repeal and Act providing for a new charter for the City of Hawkinsville; to provide for a contingent effective date.(SUBSTITUTE)

HB 437 Ragan, llth CITY OF PELHAM

A bill to amend an Act providing a new charter for the City of Pelham, so as to change certain provisions regarding the election districts of members of the city council and members of the Board of Education of the City of Pelham Public School System;.

HB 606

Thomas, 10th Polak, 42nd CITY OF DECATUR

A bill to amend an Act creating a new charter for the City of Decatur, in DeKalb County, so as to enhance the powers, duties, and rights of the Board of Education of the City of Decatur so as to reconstitute the board of education to contract for short-term debt.
The substitutes to the following bills were put upon their adoption:
*HB 199:

The Senate State and Local Governmental Operations Committee offered the following substitute to HB 199:
A BILL
To be entitled an Act to amend an Act providing for the minimum compensation for cer tain county officers of Pulaski County, approved April 11, 1979 (Ga. L. 1979, p. 4129), so as to change the officials to which such Act is applicable; to provide for a contingent ef fective date; to provide for automatic repeal under certain circumstances; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

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385

An Act providing for the minimum compensation for certain county officers of Pulaski County, approved April 11, 1979 (Ga. L. 1979, p. 4129), is amended by striking subsec tion (b) of Section 1, which reads as follows:
"(b) 'Pulaski County officers' means the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court and the County Commissioner of Pulaski County.",
and inserting in its place a new subsection (b) of Section 1 to read as follows:
"(b) 'Pulaski County officers' means the Sheriff, the Tax Commissioner, the Judge of the Probate Court, and the Clerk of the Superior Court."
SECTION 2.
This Act shall become effective January 1, 2001; provided, however, that this Act shall only become effective on January 1, 2001, upon the approval of a local Act in a dual ref erendum in 1999, which Act provides for the consolidation of the governments of the City of Hawkinsville and Pulaski County into the consolidated government of Hawkinsville-Pulaski County, Georgia. If such Act is not so approved, this Act shall not become effective and shall stand repealed in its entirety on January 1, 2001.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 55, nays 0, and the substitute was adopted.
*HB 200:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 200:
A BILL
To be entitled an Act to repeal an Act creating the office of Commissioner of Pulaski County, approved August 18, 1919 (Ga. L. 1919, p. 729), as amended; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating the office of Commissioner of Pulaski County, approved August 18, 1919 (Ga. L. 1919, p. 729), as amended, is repealed in its entirety.
SECTION 2.
This Act shall become effective January 1, 2001; provided, however, that this Act shall only become effective on January 1, 2001, upon the approval of a local Act in a dual ref erendum in 1999, which Act provides for the consolidation of the governments of the City of Hawkinsville and Pulaski County into the consolidated government of Hawkinsville-Pulaski County, Georgia. If such Act is not so approved, this Act shall not become effective and shall stand repealed in its entirety on January 1, 2001.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 55, nays 0, and the substitute was adopted.

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*HB 201:

The Senate State and Local Governmental Operations Committee offered the following substitute to HB 201:

A BILL

To be entitled an Act to repeal an Act providing for a new charter for the City of Hawkinsville, approved April 4, 1991 (Ga. L. 1991, p. 4711), as amended; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act providing for a new charter for the City of Hawkinsville, approved April 4, 1991 (Ga. L. 1991, p. 4711), as amended, is repealed in its entirety.

SECTION 2.

This Act shall become effective January 1, 2001; provided, however, that this Act shall only become effective on January 1, 2001, upon the approval of a local Act in a dual ref erendum in 1999, which Act provides for the consolidation of the governments of the City of Hawkinsville and Pulaski County into the consolidated government of Hawkinsville-Pulaski County, Georgia. If such Act is not so approved, this Act shall not become effective and shall stand repealed in its entirety on January 1, 2001.

SECTION 3.

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

On the adoption of the substitute, the yeas were 55, 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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden

Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E EX Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen

Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson

MONDAY, FEBRUARY 22, 1999

387

Y Walker

Y Williams

On the passage of the local bills, the yeas were 55, nays 0.
The bills on the Local Consent Calendar, except HB 199, HB 200 and HB 201, having received the requisite constitutional majority, were passed.
HB 199, HB 200 and HB 201, having received the requisite constitutional majority, were passed by substitute.
The time having arrived to entertain the motion, Senator Smith of the 25th moved that SB 194 be engrossed.
On the motion, a roll call was taken, and the vote was as follows:

N Balfour N Blitch Y Bowen N Broun, 46th Y Brown, 26th N Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D N Johnson,E EX Kemp N Ladd N Lamutt N Land Y Lee N Madden Y Marable Y Meyer von Bremen N Perdue Y Polak

N Price,R N Price.T Y Ragan N Ray N Roberts Y Scott Y Smith
Starr N Stephens Y Stokes Y Streat N Tanksley
Tate N Thomas,D Y Thomas,N Y Thompson Y Walker N Williams

On the motion to engross, the yeas were 28, nays 25, and the motion was lost. The President referred SB 194 to the Senate Committee on Education.

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SB 14

SENATE RULES CALENDAR Monday, February 22, 1999
TWENTY-FOURTH LEGISLATIVE DAY
Children, Teachers Right to Safe School Health Act-enact (Substitute)(Amendments)(Ed-10th)

SR 46

Social Security-urge Congressional priority to strengthen, continue (Rules-22nd)

SB 70

Juvenile Courts-child support determination, enforcement (Substitute)(Judy-29th)

SB 128 Hospitals-define acquisitions, dispositions (H&HS-47th)

SB 150 Coroner, Medical Examiner Reports-procedure, filing (Pub Saf-33rd)

SR 8 Senate Music Industry Committee-create (Rules-31st)

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

SB 14. By Senator Thomas of the 10th:
A bill to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Georgia Children and Teachers Right to Safe School Health Act"; to provide that a lo cal board of education or a governing board of a nonpublic school may permit an employee or a person under contract to the board to assist students in selfadministration of medications.
The Senate Education Committee offered the following substitute to SB 14:
A BILL
To be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Offi cial Code of Georgia Annotated, relating to the health of elementary and secondary stu dents, so as to enact the "Georgia Children and Teachers Right to Safe School Health Act"; to provide that a local board of education or a governing board of a nonpublic school may permit an employee or a person under contract to the board to assist stu dents in self-administration of medications; to provide guidelines; to provide for an an nual report on school health to be submitted by the departments of education and human resources to the Governor and the General Assembly; to provide for licensed health care providers to be employed by local school systems; to provide for related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia Children and Teachers Right to Safe School Health Act."
SECTION 2.

MONDAY, FEBRUARY 22, 1999

389

Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the health of elementary and secondary students, is amended by adding at the end thereof a new Code Section 20-2-774 to read as follows:
"20-2-774.
(a) Notwithstanding the provisions of any law, policy, or guideline to the contrary, a local board of education or a governing board for a nonpublic school may permit an employee or a person under contract to the board to assist students in self-administra tion of medications under the following conditions:
(1) The student must be competent to self-administer nonprescription or prescrip tion medication with assistance;
(2) The student's condition for which the medication is authorized or prescribed must be stable;
(3) The self-administration of the medication must be properly documented;
(4) Guidelines not inconsistent with this Code section for the assistance in self-ad ministration of nonprescription or prescription medications by personnel in the school setting developed by the departments of health and education must be followed;
(5) For school personnel to assist with self-administration of medications, the stu dent's parent or guardian must give specific permission in writing for the specific administration or procedures. Such written permission shall be kept in the stu dent's school records; and
(6) Assistance with self-administration shall primarily include storage and timely distribution of medication.
(b) Health care procedures including administration of medications to students other than self-administration during the school day or at related events shall be performed by appropriately licensed health care professionals in accordance with the applicable guidelines of their respective regulatory boards and in conformity with policies and rules of local boards of education or governing boards of nonpublic schools. The stu dent's parent or guardian must give permission in writing for appropriately licensed health care professionals to perform health care procedures and administer medica tions. Such written permission shall be kept in the student's school records.
(c) Any person assisting in self-administration of medication or performing health care procedures including administration of medications under this Code section and any local board of education or governing board for a nonpublic school authorizing the same shall not be liable in any court of law for injury resulting from reasonable and prudent assistance in the self-administration of such medication or reasonable per formance of health care procedures including administration of medications if such as sistance is performed pursuant to the policies and guidelines developed by the Depart ment of Human Resources and the Department of Education and approved by applicable regulatory and governing boards or agencies.
(d) The Department of Education and the Department of Human Resources shall jointly compile an annual report of self-administered medications and health care pro cedures including administration of medications as provided for in this Code section to students served in all public and nonpublic accredited schools in this state. This re port shall be provided to the Governor and the General Assembly by October 31 of each year.

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(e) By July 1, 2000, each local school system shall employ at least one licensed health care provider, and beginning July 1, 2001, and annually thereafter up to and including July 1, 2005, as funding is appropriated for such specific purpose during such period, the number of licensed health care providers employed by each local school system shall be increased to at least one licensed health care provider for every 2,000 stu dents enrolled in such school system."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Note, as required by law, was read by the Secretary:
Department Of Audits And Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 12, 1999
The Honorable Richard Marable, Chairman Senate Education Committee State Capitol, Suite 420-C Atlanta, Georgia 30334
SUBJECT: Fiscal Note Substitute to Senate Bill 14 (LC 270830S)
Dear Chairman Marable:
This bill would require each local school system to employ at least one licensed health care provider by July 1, 2000. As funding is made available between July 1, 2001, and July 1, 2005, school systems would be required to hire an additional health care provider for every 2,000 students enrolled. This bill would also require the Department of Educa tion and the Department of Human Resources to prepare an annual report of self-ad ministered medications and health care procedures. This report would be provided to the Governor and the General Assembly by October 31 of each year.
The fiscal impact of this bill to the State would be between $4 million and $12 million in FY 2001. This bill would cost between $16 million and $47 million in subsequent years if funds are appropriated.
For this analysis we assumed that licensed health care professionals would be either Li censed Practical Nurses (LPN) or Registered Nurses (RN). Salaries and benefits for LPN's are estimated to range between $22,500 and $42,000. Salaries and benefits for RN's are estimated to range between $35,000 and $68, 000. According to the Depart ment of Education, there are 180 school systems in Georgia. Therefore, this bill would cost between approximately $4 million and $12 million in FY 2001.
This bill states that, beginning July 1, 2001, and annually thereafter up to and includ ing July 1, 2005, the number of licensed health care providers employed by each local school system would be increased to at least one licensed health care provider for every 2,000 students. This number would be increased as funds are appropriated for this pur pose. Currently, there are approximately 1.4 million students enrolled in local school systems. Therefore, approximately 700 health care professionals would be needed in FY 2002, which is 520 more than were needed in FY 2001. The cost for the 520 additional personnel needed in FY 2002 is between $12 million and $35 million. Therefore, the to-

MONDAY, FEBRUARY 22, 1999

391

tal cost of this bill in subsequent years to pay for the 700 health care professionals would be between $16 million and $47 million. It should be noted that this cost would increase as the number of enrolled students increases. There would be an additional administrative cost of this bill for the Department of Edu cation and the Department of Human Resources to compile the annual report mentioned in this bill. However, this amount cannot be readily determined at this time.
Sincerely, Isl Claude L. Vickers
State Auditor
Isl Tim Burgess, Director Office of Planning and Budget
Senators Cable of the 27th, Lee of the 29th and Williams of the 6th offered the follow ing amendment: Amend the substitute to SB 14 by striking the quotation mark at the end of line 20 of page 3 and by adding between lines 20 and 21 of page 3 the following:
"(f) Nothing in this Code section shall be construed to affect the restrictions contained in Code Section 20-2-773.'" Senator Egan of the 40th offered the following amendment: Amend SB 14 committee substitute by striking the words "or a governing board of a non public school" on lines 27 & 28 page 1, lines 27 & 28 page 2, lines 5 & 6 page 1, lines 37 & 38 page 2, and by striking "and non public" on page 3 lines 9 & 10. Senators Cheeks of the 23rd and Madden of the 47th offered the following amendment: Amend SB 14 committee substitute by striking lines 21, 22, 23 on page 3. Senator Gingrey of the 37th offered the following amendment: Amend SB 14 committee substitute by inserting the word "public" on line 13 page 3 be tween "local" & "school". Inserting the word "public" on line 18 page 3 between "local" & "school". Inserting the word "public" on line 20 page 3 between "such" & "school". Senators Cheeks of the 23rd and Madden of the 47th offered the following amendment: Amend SB 14 committee substitute by changing the word "shall" to "may" on line 19, page #2. Senator Thomas of the 10th moved that SB 14 be committed to the Senate Education Committee. On the motion, the yeas were 41, nays 0; the motion prevailed, and SB 14 was commit ted to the Senate Education Committee.
SR 46. By Senators Walker of the 22nd, Hooks of the 14th, Butler of the 55th and others: A resolution urging Congress to give priority to strengthening the Social Se curity system and ensuring that it continue to be universal and mandatory, with risk pooled among all workers.
Senator Gingrey of the 37th offered the following amendment:

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Amend SR 46 by deleting lines 32, 33, and 34 on page 1.
Senator Walker of the 22nd moved that SR 46 be committed to the Senate Rules Committee.
On the motion, the yeas were 38, nays 0; the motion prevailed, and SR 46 was commit ted to the Senate Rules Committee.
SB 70. By Senators Lee of the 29th and Hecht of the 34th:
A bill to amend Code Section 15-11-6 of the Official Code of Georgia Anno tated, relating to juvenile court jurisdiction to appoint guardians and deter mine child custody and support, so as to provide for additional authority to de termine and enforce the duty of child support.
The Senate Judiciary Committee offered the following substitute to SB 70:
A BILL
To be entitled an Act to amend Code Section 15-11-6 of the Official Code of Georgia An notated, relating to juvenile court jurisdiction to appoint guardians and determine child custody and support, so as to provide for additional authority to determine and enforce the duty of child support; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-11-6 of the Official Code of Georgia Annotated, relating to juvenile court jurisdiction to appoint guardians and determine child custody and support, is amended by adding at the end a new subsection to read as follows:
"(c) In addition to the authority provided under subsection (b) of this Code section, the juvenile court may determine and enforce the duty of support owed to any child brought before that court pursuant to this chapter if the court has personal jurisdic tion over the person owing the duty of support; and if:
(1) Such person is not otherwise subject to the order of a superior court requiring support of that child; and
(2) After notification to the person of the juvenile court's plan to make such deter mination, the person does not request in writing that the determination be made by the superior court.
Any determination of the amount of child support shall be made pursuant to the guidelines established in Code Section 19-6-5. Failure to comply with an order of sup port issued by a juvenile court under this subsection may be punished as contempt under Code Section 15-11-62."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Lee of the 29th moved that SB 70 be committed to the Senate Judiciary Committee.
On the motion, the yeas were 30, nays 1; the motion prevailed, and SB 70 was commit ted to the Senate Judiciary Committee.
SB 128. By Senator Madden of the 47th:

MONDAY, FEBRUARY 22, 1999

393

A bill to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Geor gia Annotated, relating to acquisitions and dispositions of hospitals, so as to change the provisions relating to definitions; to provide for an effective date.

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

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

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts
Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D
Johnson,E EX Kemp Y Ladd
Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thompson
Walker Y Williams

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

SB 150. By Senators Thompson of the 33rd, Starr of the 44th and Bowen of the 13th:

A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Geor gia Annotated, relating to coroners' death investigations, so as to change pro cedures relating to medical examiner's and coroner's reports; to provide for fil ing such reports with the Division of Forensic Services; to provide for maintenance of such reports, analysis of specimens, samples, or other evi dence, and to provide for a completed crime lab report for the appropriate prosecuting attorney.

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:

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler

Y Cable Y Cagle Y Cheeks Y Crotts
Dean Y Egan Y Fort Y Gillis

Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins

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Y Jackson Y James Y Johnson.D
Johnson.E EX Kemp Y Ladd
Lamutt Y Land Y Lee Y Madden Y Marable

Y Meyer von Bremen Perdue
Y Polak Price,R Price,T
Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr

Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

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

SR 8. By Senators Dean of the 31st, Marable of the 52nd, Broun of the 46th and Brown of the 26th:

A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto.

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

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush N Burton Y Butler N Cable
Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D
Johnson,E EX Kemp Y Ladd
Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen
Perdue Y Polak

Y Price,R Price,T
Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes
Streat Y Tanksley Y Tate
Thomas.D Y Thomas,N Y Thompson Y Walker N Williams

On the adoption of the resolution, the yeas were 40, nays 7. The resolution, having received the requisite constitutional majority, was adopted.
Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow; the motion prevailed, and at 12:20 p.m., the President announced the Senate adjourned.

TUESDAY, FEBRUARY 23, 1999

395

Senate Chamber, Atlanta, Georgia Tuesday, February 23, 1999 Twenty-fifth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 253. By Representatives Walker of the 141st, Floyd of the 138th, Ray of the 128th and others:
A bill to amend an Act creating the State Court of Houston County, so as to change the amount of compensation paid to an attorney presiding in place of the judge of the court.
HB 430. By Representative Martin of the 145th:
A bill to amend an Act establishing the State Court of Candler County, so as to change the provisions relating to the compensation of the judge of said court and the compensation of the judge's secretary.
HB 559. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown of the 130th and others:
A bill to create the Newnan Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in Newnan.
HB 647. By Representatives Parham of the 122nd and Hudson of the 120th:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, so as to change the composition of education dis tricts from which members of the board of education are elected.
HB 652. By Representatives Williams of the 114th, Howard of the 118th, Alien of the 117th and others:
A bill to amend an Act creating the Board of Tax Assessors for Richmond County, so as to change provisions relating to the membership of the board.
HB 655. By Representatives Epps of the 131st and Hugley of the 133rd:
A bill to amend an Act reconstituting the Meriwether County Board of Educa tion, so as to provide a per diem allowance for the members of such board.
HB 661. By Representatives Stancil of the 16th, Scheid of the 17th and Pinholster of the 15th:

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JOURNAL OF THE SENATE

A bill to amend an Act creating a board of elections and registration for Cherokee County, so as to implement a system of staggered terms of office for the members of the board.
HB 553. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for homeowner tax relief grants to counties and local school districts.
HB 474. By Representatives Coleman of the 142nd, Alien of the 117th and Smith of the 109th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund.
HB 87. By Representatives Ehrhart of the 36th, Irvin of the 45th and Evans of the 28th:
A bill to require the display of certain information on all public buildings; to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relat ing to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to require the display of certain information on all buildings thereof.
HB 487. By Representative Burkhalter of the 41st:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Anno tated, relating to individual accident and sickness insurance, so as to provide for notice prior to certain premium increases.
HB 401. By Representatives Byrd of the 170th and Mosley of the 171st:
A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Anno tated, relating to vacation of office by certain public officers and employees, so as to provide a procedure for the suspension of members of local government authorities upon felony indictment by a grand jury.
HB 263. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Anno tated, relating to alimony and child support generally, so as to provide for a family support registry and for duties, powers, and functions relating thereto; to require that certain child support order payments and income deduction or der payments be redirected to or made through such registry.
HB 287. By Representative Channell of the lllth:

TUESDAY, FEBRUARY 23, 1999

397

A bill to amend Code Section 16-13-32.6 of the Official Code of Georgia Anno tated, relating to establishment of drug-free commercial zones and punishment of unlawful conduct therein, so as to adopt and incorporate all drug-free com mercial zones which have been adopted by counties and municipalities and registered with the Department of Community Affairs prior to a certain date.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 269. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and others:
A resolution proposing an amendment to the Constitution so as to provide for a homeowner's incentive adjustment for the purpose of providing ad valorem property tax relief; to provide for calculation of adjustment amounts; to au thorize the General Assembly to provide by general law for procedures and conditions.
HR 204. By Representatives Lucas of the 124th, Parham of the 122nd, Skipper of the 137th and others:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County; authorizing the conveyance of certain state owned real property located in Meriwether County; authorizing the assignment of leasehold interest of certain state owned real property located in Rabun County; authorizing the conveyance of a reversionary interest in certain state owned real property located in Sumter County.
The following bills were introduced, read the first time and referred to committees:
SB 205. By Senators Walker of the 22nd, Fort of the 39th, Cheeks of the 23rd and Polak of the 42nd:
A bill to amend Chapter 8A of Title 43 of the Official Code of Georgia Anno tated, relating to professional boxing, so as to amend certain definitions; to change the name of the State Boxing Commission to the Georgia Boxing Com mission; to clarify the powers and duties of the commission; to authorize the commission to designate a nationally recognized boxing registry.
Referred to Committee on Consumer Affairs.
SB 206. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to create the Conyers Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Conyers, Georgia; to provide for creation and organization; to provide for the membership of the authority and their terms of office and compensation.
Referred to Committee on State and Local Governmental Operations.
SB 207. By Senator Thomas of the 10th:
A bill to amend an Act revising, superseding, and consolidating the laws relat ing to the governing authority of DeKalb County, as amended, so as to change the provisions thereof relating to the appointment and removal of certain of ficers and employees of DeKalb County.

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JOURNAL OF THE SENATE

Referred to Committee on State and Local Governmental Operations.
SB 208. By Senator Crotts of the 17th:
A bill to provide supplements to the salaries of the judges of superior court, the district attorney, and the chief assistant district attorney of the Towaliga Judicial Circuit; to provide the amount and method of payment of such supple ments; to provide that such supplements shall be expenses of the superior courts; to provide an effective date; to provide for automatic repeal.
Referred to Committee on State and Local Governmental Operations.
SB 209. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating the Conyers-Rockdale Amateur Athletics Au thority so as to change the name of the authority to the Conyers Athletics Au thority; to change the membership of the authority; to change the powers of the authority; to provide for conforming changes; to provide an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 210. By Senators Walker of the 22nd, Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd, Thomas of the 10th and others:
A bill to amend Chapter 20A of Title 33 of the Official Code of Georgia Anno tated, the "Patient Protection Act of 1996," relating to managed care plans, and Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to require managed care plans and health maintenance organizations to make certain additional disclosures and include additional access to and reimbursement of out of network providers and hospitals.
Referred to Committee on Health and Human Services.
SB 211. By Senators Thompson of the 33rd, Butler of the 55th, Gingrey of the 37th and Tanksley of the 32nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to sus pension or revocation of licenses of habitually negligent or dangerous drivers and the point system; to change certain provisions relating to seat belt equip ment requirements and safety restraints for children under four years of age.
Referred to Committee on Public Safety.
SB 212. By Senators Cheeks of the 23rd, Starr of the 44th and Roberts of the 30th:
A bill to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Geor gia Annotated, the "Temporary Assistance for Needy Families Act," so as to provide for fingerprint imaging identity verification as a condition of assis tance eligibility; to restrict certain uses; to provide for agreements.
Referred to Committee on Health and Human Services.
SB 213. By Senators Polak of the 42nd and Ladd of the 41st:
A bill to amend Code Section 48-8-104 of the Official Code of Georgia Anno tated, relating to administration and disbursement of proceeds of the home stead option sales and use tax, so as to change certain provisions regarding the distribution and expenditure of such proceeds.

TUESDAY, FEBRUARY 23, 1999

399

Referred to Committee on Finance and Public Utilities.
SB 214. By Senators Golden of the 8th and Hecht of the 34th:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Geor gia Annotated, relating to general provisions applicable to hearsay evidence, so as to change the age to which the rule applies, which allows statements of child victims of sexual contact or physical abuse to be admitted as evidence, from 14 years of age to 16 years of age; to provide an effective date. Referred to Committee on Judiciary.
SB 215. By Senator Thomas of the 10th: A bill to amend an Act revising, superseding, and consolidating the laws relat ing to the establishment of a merit system in DeKalb County for employees of DeKalb County, as amended, so as to change the provision relating to the de partment heads who shall be under the DeKalb County Merit System; to pro vide an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 216. By Senators Golden of the 8th and Hecht of the 34th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Geor gia Annotated, relating to the selection of jurors, so as to establish procedures for the removal from the jury list of certain persons who are ineligible for jury duty because such persons have been convicted of a felony or declared men tally incompetent and whose voting rights have not been restored. Referred to Committee on Judiciary.
SR 172. By Senator Polak of the 42nd: A resolution declaring March 2, 1999, as the "Governor's Council on Develop mental Disabilities Day" at the Capitol and urging members of the General Assembly and state agency personnel to recognize the outstanding efforts and support the Governor's Council on Developmental Disabilities provides to indi viduals with disabilities, their families, and the greater community at large, to enhance the quality of life for people with developmental disabilities.
Referred to Committee on Consumer Affairs.
SR 175. By Senators Johnson of the 1st and Gillis of the 20th:
A resolution creating the Joint Study Committee on Water Management and Allocation. Referred to Committee on Natural Resources.
SR 180. By Senators Thomas of the 10th and James of the 35th: A resolution creating the Senate Study Committee on Effectiveness and Effi ciency in State Government.
Referred to Committee on State and Local Governmental Operations (General).
SR 183. By Senators Williams of the 6th and Gillis of the 20th:
A resolution designating a portion of U.S. Highway 1 as the "Charles Durst Memorial Highway".
Referred to Committee on Transportation.

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JOURNAL OF THE SENATE

SR 184. By Senators Price of the 28th, Lee of the 29th and Price of the 56th:
A resolution creating the Joint Study Committee on Regional Development Centers and Metropolitan Area Planning and Development Commissions.
Referred to Committee on Special Judiciary.
The following bills were read the first time and referred to committees:
HB 87. By Representatives Ehrhart of the 36th, Irvin of the 45th and Evans of the 28th:
A bill to require the display of certain information on all public buildings; to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relat ing to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to require the display of certain information on all buildings thereof.
Referred to Committee on State and Local Governmental Operations (General).
HB 253. By Representatives Walker of the 141st, Floyd of the 138th, Ray of the 128th and Bohannon of the 139th:
A bill to amend an Act creating the State Court of Houston County, so as to change the amount of compensation paid to an attorney presiding in place of the judge of the court.
Referred to Committee on State and Local Governmental Operations.
HB 263. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Anno tated, relating to alimony and child support generally, so as to provide for a family support registry and for duties, powers, and functions relating thereto; to require that certain child support order payments and income deduction or der payments be redirected to or made through such registry.
Referred to Committee on Judiciary.
HB 287. By Representative Channell of the lllth:
A bill to amend Code Section 16-13-32.6 of the Official Code of Georgia Anno tated, relating to establishment of drug-free commercial zones and punishment of unlawful conduct therein, so as to adopt and incorporate all drug-free com mercial zones which have been adopted by counties and municipalities and registered with the Department of Community Affairs prior to a certain date.
Referred to Committee on Judiciary.
HB 401. By Representatives Byrd of the 170th and Mosley of the 171st:
A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Anno tated, relating to vacation of office by certain public officers and employees, so as to provide a procedure for the suspension of members of local government authorities upon felony indictment by a grand jury.
Referred to Committee on Judiciary.
HB 430. By Representative Martin of the 145th:

TUESDAY, FEBRUARY 23, 1999

401

A bill to amend an Act establishing the State Court of Candler County, so as to change the provisions relating to the compensation of the judge of said court and the compensation of the judge's secretary.
Referred to Committee on State and Local Governmental Operations.
HB 474. By Representatives Coleman of the 142nd, Alien of the 117th and Smith of the 109th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund.
Referred to Committee on Finance and Public Utilities.
HB 487. By Representative Burkhalter of the 41st:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Anno tated, relating to individual accident and sickness insurance, so as to provide for notice prior to certain premium increases.
Referred to Committee on Insurance and Labor.
HB 559. By Representatives Smith of the 103rd, Williams of the 114th, Brown of the 130th and Yates of the 106th:
A bill to create the Newnan Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in Newnan.
Referred to Committee on State and Local Governmental Operations.
HB 647. By Representatives Parham of the 122nd and Hudson of the 120th:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, so as to change the composition of education dis tricts from which members of the board of education are elected.
Referred to Committee on State and Local Governmental Operations.
HB 652. By Representatives Williams of the 114th, Howard of the 118th, Alien of the 117th and others:
A bill to amend an Act creating the Board of Tax Assessors for Richmond County, so as to change provisions relating to the membership of the board.
Referred to Committee on State and Local Governmental Operations.
HB 655. By Representatives Epps of the 131st and Hugley of the 133rd:
A bill to amend an Act reconstituting the Meriwether County Board of Educa tion, so as to provide a per diem allowance for the members of such board.
Referred to Committee on State and Local Governmental Operations.
HB 661. By Representatives Stancil of the 16th, Scheid of the 17th and Pinholster of the 15th:

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A bill to amend an Act creating a board of elections and registration for Cherokee County, so as to implement a system of staggered terms of office for the members of the board.
Referred to Committee on State and Local Governmental Operations.

HR 204. By Representatives Lucas of the 124th, Parham of the 122nd, Skipper of the 137th and Epps of the 131st:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County; authorizing the conveyance of certain state owned real property located in Meriwether County; authorizing the assignment of leasehold interest of certain state owned real property located in Rabun County; authorizing the conveyance of a reversionary interest in certain state owned real property located in Sumter County.
Referred to Committee on Finance and Public Utilities.

The following committee reports were read by the Secretary:

Mr. President: The Committee on Corrections, Correctional Institutions and Property has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 145. Do pass.
Respectfully submitted, Senator Johnson of the 2nd District, Chairman

Mr. President:

The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 179. Do pass by substitute. HB 76. Do pass.

HB 361. Do pass.

Respectfully submitted,

Senator Broun of the 46th District, Chairman

Mr. President:

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

SB 35. Do pass by substitute. SB 72. Do pass as amended.

SB 74. Do pass as amended. SB 112. Do pass.

Respectfully submitted,

Senator Marable of the 52nd District, Chairman

Mr. President:
The Committee on Health and Human Services has had under consideration the fol lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

TUESDAY, FEBRUARY 23, 1999

403

SB 100. Do pass by substitute. Respectfully submitted, Senator Stokes of the 43rd District, Chairman

Mr. President:

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

SB 77. Do pass. SB 181. Do pass. HB 26. Do pass.

HB 94. Do pass. HB 135. Do pass.

Respectfully submitted,

Senator Madden of the 47th District, Chairman

Mr. President:

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

HB 261. Do pass. HB 262. Do pass. HB 264. Do pass.

HB 292. Do pass. HB 397. Do pass.

Respectfully submitted,

Senator Egan of the 40th District, Chairman

The following bills and resolutions were read the second time:

SB 54 SB 161 HB 78 HB 278

SB 117 SR 128 HB 121 HB 279

SB 118 SR 135 HB 143

SB 124 SR 136 HB 149

SB 139 HB 34 HB 183

SB 140 HB 77 HB 233

Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Kemp was excused.

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

Blitch Bowen Broun, 46th Brown, 26th Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort

Gillis Gingrey Golden Guhl Harbison Hill Hooks Huggins Jackson James Johnson.D Johnson.E Ladd

Lamutt Land Lee Madden Marable Meyer von Bremen Perdue Polak Price.R Price.T Ray Roberts Scott

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JOURNAL OF THE SENATE

Smith Starr Stephens Stokes

Streat Tanksley Tate Thomas,D

Those not answering were:

Balfour Brush

Hecht Kemp (excused)

Thomas,N Thompson Walker Williams
Ragan

The following communication was received by the Secretary: Today, I ran late from a meeting on some legislation and missed roll call, but I am here to vote on all bills.
Is/ Greg Hecht 34th District
The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Johnson of the 1st introduced the chaplain of the day, Pastor Cam Huxford, of Savannah Christian Church, Savannah, Georgia, who offered scripture reading and prayer. Senator Madden of the 47th introduced the family of Firefighter Kennon Loy Williams, commended by SR 96, adopted previously. Senator Butler of the 55th introduced the Athena Stone Mountain Girls' Soccer Club, commended by SR 144, adopted previously.
Senator Smith of the 25th introduced the doctor of the day, Dr. Patrice Boddie, of Milledgeville, Georgia.
The following resolutions were read and adopted:
SR 174. By Senators Gingrey of the 37th and Stephens of the 51st: A resolution recognizing and commending Juanita Hughes.
SR 176. By Senators Hill of the 4th and Bowen of the 13th: A resolution commending Sergeant K. B. McGlamery and TFC T. M. Cameron from the Savannah GSP Post; TFC B. E. Hodges and TFC R. L. Dunsmore III from the Brunswick GSP Post; TFC Freddie "Buz" Cromer from the Hinesville GSP Post; and TFC G. W. Thrift from the Waycross GSP Post upon their being nominated "Officer of the Year for Meritorious Service".
SR 177. By Senators Hill of the 4th, Gillis of the 20th and Bowen of the 13th: A resolution expressing regret at the passing of Kyle Wayne Dinkheller.
SR 178. By Senators Burton of the 5th, Ladd of the 41st, Polak of the 42nd and others: A resolution commending the Georgia Tech Yellow Jackets football team.
SR 179. By Senator James of the 35th: A resolution in memory of Linda Taylor Meyers.

TUESDAY, FEBRUARY 23, 1999

405

SR 181. By Senator James of the 35th: A resolution commending Honorable John Lewis.

SR 182. By Senator Dean of the 31st: A resolution honoring Mrs. Gwen Marler.

SR 185. By Senators Fort of the 39th, Butler of the 55th, Scott of the 36th and others: A resolution commending the Gate City Bar Association.

The following local, uncontested bill of the Senate, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, February 23, 1999 TWENTY-FIFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the leg islation.)

SB 184

Brush, 24th CITY OF GROVETOWN

A bill to amend an Act providing for a new charter for the City of Grovetown so as to change certain provisions relating to the powers and duties of the mayor.

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

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

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle
Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E EX Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott
Smith Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson
W w Oalltievre-r
Y Williams

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

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The bill on the Local Consent Calendar, having received the requisite constitutional ma jority, was passed.
SENATE RULES CALENDAR
Tuesday, February 23, 1999 TWENTY-FIFTH LEGISLATIVE DAY

SB 99

Lake Lanier Islands Development Authority-purposes for expending revenue (Substitute)(EDT&CA-46th)

SB 29 Health-breast-feeding in public (Substitute)(I&L-35th)

HB 6

Garnishment; pension funds; additional exemption (B&FI-49th) Franklin-39th

SB 123 SB 103

Traffic Signals-monitoring devices to record violations (SubstituteXPub Saf-39th)
Jurors-expense allowance, counties over 400,000 (Judy-42nd)

HB 56

Revenue Code; conform to federal code (Substitute)(F&PU-31st) Buck135th

SB 138

Emergency 911 System-certain payments from Emergency Telephone System Fund (Substitute)(F&PU-23rd)

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

SB 99. By Senators Broun of the 46th, Cagle of the 49th, Madden of the 47th and others:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Au thority, so as to expand the purposes for which the authority may expend in come and revenue.
The Senate Economic Development, Tourism and Cultural Affairs Committee offered the following substitute to SB 99:
A BILL
To be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to expand the purposes for which the authority may expend income and revenue; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

TUESDAY, FEBRUARY 23, 1999

407

Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, re lating to the Lake Lanier Islands Development Authority, is amended by striking in its entirety Code Section 12-3-318, relating to the purposes for which income, gifts, grants, appropriations, bonds, or loans available to such authority may be spent, and inserting in lieu thereof the following:
"12-3-318.

All income, revenues, gifts, grants, appropriations, bond or loan proceeds, and rights and privileges of value of every nature accruing to the authority shall be used prima rily for the sote purpose of beautifying, improving, developing, maintaining, adminis tering, managing, and promoting the islands in Lake Lanier and secondarily for the purpose of beautifying, improving, developing, maintaining, administering, managing, and promoting any other real property which is:

(1) Under the management and control of the department or the North Georgia Mountains Authority whether held in fee simple or under or through a contract, li cense, lease, or other similar agreement with an agency of the federal government; and

(2) Adjacent to any lake or reservoir in this state that is under the management and control of the United States Army Corps of Engineers
at the lowest rates reasonable and possible for the benefit of the people of the State of Georgia for recreational purposes.
Prior to authorizing the expenditure of funds for any of the secondary purposes set forth in this Code section, the authority shall consult with the Senate Economic Devel opment, Tourism, and Cultural Affairs Committee, the House Committee on Game, Fish, and Parks, and the Governor for the purpose of assistance in establishing the priority of needs among the real properties eligible to receive the benefit of such expenditure."
SECTION 2.

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

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

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

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

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle
Cheeks Y Crotts Y Dean Y Egan

Y Fort Y Gillis
Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E

EX Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T
Ragan Y Ray

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Y Roberts Y Scott Y Smith
Starr Y Stephens

Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D

Y Thomas.N Y Thompson Y Walker Y Williams

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

SB 29. By Senators James of the 35th, Gingrey of the 37th, Tate of the 38th and But ler of the 55th:
A bill to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Geor gia Annotated, relating to general provisions relative to health, so as to pro vide for the protection of the right of a baby to breast-feed by authorizing a mother to breast-feed in any location, public or private; to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provi sions, relative to labor and industrial relations, so as to provide for accommo dations to be provided for certain nursing mothers by employers.
The Senate Insurance and Labor Committee offered the following substitute to SB 29:
A BILL
To be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to provide for the protection of the right of a baby to breast-feed by authorizing a mother to breast feed in any public location under certain conditions; to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions, relative to labor and industrial relations, so as to authorize employers to provide accommodations for cer tain nursing mothers; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, is amended by adding at the end thereof a new Code Section 31-1-9 to read as follows:
"31-1-9.
The breast-feeding of a baby is an important and basic act of nurture to which every baby has a right and which act must be encouraged in the interests of maternal and child health and family values, and in furtherance of this right, a mother may breast feed her baby in any public location, where the mother is otherwise authorized to be, provided the mother acts in a discreet and modest way."
SECTION 2.
Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general pro visions relative to labor and industrial relations, is amended by adding at the end thereof a new Code Section 34-1-6 to read as follows:
"34-1-6.

TUESDAY, FEBRUARY 23, 1999

409

(a) As used in this Code section, the term 'employer' means any person or entity that employs one or more employees and shall include the state and its political subdivisions.

(b) An employer may provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. The employer may make rea sonable efforts to provide a room or other location (in close proximity to the work area), other than a toilet stall, where the employee can express her milk in privacy. The break time shall, if possible, run concurrently with any break time already pro vided to the employee. An employer is not required to provide break time under this Code section if to do so would unduly disrupt the operations of the employer."

SECTION 3.

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

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

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

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

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E EX Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

N Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute.

HB 6. By Representatives Franklin of the 39th, Coan of the 82nd and Massey of the 86th:
A bill to amend Code Section 18-4-22 of the Official Code of Georgia Anno tated, relating to the exemption of certain pension or retirement funds or ben efits from garnishment until certain payment or transfer thereof, so as to pro vide for such an exemption with respect to additional individual retirement account funds or benefits.

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Senate Sponsor: Senator Cagle of the 49th.
Senator Cheeks of the 23rd moved that HB 6 be committed to the Senate Banking and Financial Institutions Committee.
On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 6 was committed to the Senate Banking and Financial Institutions Committee.
SB 123. By Senators Fort of the 39th, Egan of the 40th, Hill of the 4th and others:
A bill to amend Article 2 of Chapter 6 of Title 40 of the Official Code of Geor gia Annotated, relating to traffic signs, signals, and markings, so as to author ize the Department of Public Safety or the governing authority of any political subdivision of this state to establish a system of traffic-control signal monitor ing devices so as to provide procedures for the recording of violations of trafficcontrol signals.
The Senate Public Safety Committee offered the following substitute to SB 123:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relat ing to motor vehicles and traffic, so as to change certain provisions relating to required obedience to traffic-control devices and presumptions; to provide for imposition of certain penalties against owners of motor vehicles operated in disregard or disobedience of CIR CULAR RED or RED ARROW signals displayed by traffic-control devices as evidenced by recorded images produced by traffic-control signal monitoring devices; to provide for permits for and use of traffic-control signal monitoring devices; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-6-20, relating to required obedience to trafficcontrol devices and presumptions, and inserting in lieu thereof the following:
"40-6-20.
(a) The driver of any vehicle shall obey the instructions of an official traffic-control de vice applicable thereto, placed in accordance with this chapter, unless otherwise di rected by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.
(b) No provisions of this chapter which require official traffic-control devices shall be enforced against an alleged violator if at the time and place of the alleged violation an official device was not in proper position and sufficiently legible to be seen by an ordi narily observant person. Whenever a particular Code section does not state that offi cial traffic-control devices are required, such Code section shall be effective even though no devices are erected or in place.
(c) Whenever official traffic-control devices are placed in position approximately con forming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.

TUESDAY, FEBRUARY 23, 1999

411

(d) Any official traffic-control device placed pursuant to this chapter md purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.
(e) The disregard or disobedience of the instructions of any official traffic-control de vice or signal placed in accordance with the provisions of this chapter by the driver of a vehicle shall be deemed prima-facie evidence of a violation of law, without requiring proof of who and by what authority such sign or device has been erected.
(f)(l) As used in this subsection, the term:
(A) 'Owner' means the registrant of a motor vehicle, except that such term shall not include a motor vehicle rental company when a motor vehicle registered by such company is being operated by another person under a rental agreement with such company.
(B) 'Recorded images' means images recorded by a traffic-control signal monitor ing device:
(i) On:
(I) Two or more photographs;
(II) Two or more microphotographs;
(III) Two or more electronic images;
(IV) Videotape; or
(V) Any other medium; and
(ii) Showing the rear of a motor vehicle and, on at least one image or portion of tape, clearly revealing the number or other identifying designation of the license plate displayed on the motor vehicle.
(C) 'Traffic-control signal monitoring device' means a device with one or more mo tor vehicle sensors working in conjunction with a traffic-control signal to produce recorded images of motor vehicles being operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal.
(2) In addition to any other lawful means of enforcement, this Code section may be enforced as provided in this subsection pursuant to use of traffic-control signal mon itoring devices permitted under Article 2 of Chapter 14 of this title.
(3) The driver of a motor vehicle shall be liable for a monetary penalty imposed pur suant to this subsection if such vehicle is found, as evidenced by recorded images produced by a traffic-control signal monitoring device, to have been operated in dis regard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of this Code section.
(4) In the prosecution of a violation pursuant to this subsection:
(A) The law enforcement agency for which such device is permitted shall send by first class mail addressed to the owner of the motor vehicle post-marked not later than ten days after the date of the alleged violation:
(i) A uniform traffic citation for the violation;
(ii) A copy of the recorded image;

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(iii) A copy of a certificate sworn to or affirmed by a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, the owner's motor vehicle was oper ated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of this Code section; and
(iv) A statement of the rebuttable presumption provided by subparagraph (C) of this paragraph and of the means specified therein by which such presumption may be rebutted;
(B) Proof that a motor vehicle was operated in disregard or disobedience of a CIR CULAR RED or RED ARROW signal in violation of this Code section shall be evi denced by recorded images produced by a traffic-control signal monitoring device authorized pursuant to Article 2 of Chapter 14 of this title. A copy of a certificate sworn to or affirmed by a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of re corded images, a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of this Code section shall be prima-facie evidence of the facts contained therein. Any recorded images evidenc ing such a violation shall be available for inspection in any proceeding to adjudi cate the liability for such violation; and
(C) Prima-facie evidence that the vehicle described in the citation issued pursuant to this subsection was operated in violation of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall constitute in evidence a rebuttable presumption that such owner of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the owner of the vehicle:
(i) Testifies under oath in open court that he or she was not the operator of the vehicle at the time of the alleged violation; or
(ii) Presents to the court prior to the return date established on the citation a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation.
(5) A violation for which a penalty is imposed pursuant to this subsection shall not be considered a moving traffic violation, and no points shall be assessed for such vi olation under Code Section 40-5-57. Imposition of a penalty pursuant to this sub section shall not be deemed a conviction and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for any insurance purposes in the provision of motor vehicle insurance coverage. A monetary penalty imposed under this subsection shall not exceed $250.00, and no court costs or surcharges of any kind shall be imposed in addition to such penalty.
(6) If a person summoned fails to appear on the date of return set out in the sum mons mailed pursuant to this subsection, the summons shall be executed in the manner otherwise provided by law. No proceedings for contempt or arrest of a per son summoned by mailing shall be instituted for failure to appear on the return date of such summons.
(7) Except as otherwise provided in this subsection, the provisions of law governing adjudication, appeal, and payment and distribution of penalties applicable to viola tions of this Code section shall apply to enforcement under this subsection."
SECTION 2.

TUESDAY, FEBRUARY 23, 1999

413

Said title is further amended by designating the existing provisions of Chapter 14, relat ing to use of radar speed detection devices, as Article 1 thereof and adding a new Article 2 to read as follows:
"ARTICLE 2
40-14-20.
As used in this article, the term:
(1) 'Campus' means the grounds owned or occupied by a college or university.
(2) 'Campus law enforcement agency" means the campus agency charged with the enforcement of the laws of this state.
(3) 'College or university" means an accredited public or private educational institu tion of higher learning.
(4) 'Recorded images' means images recorded by a traffic-control signal monitoring device:
(A) On:
(i) Two or more photographs;
(ii) Two or more microphotographs;
(iii) Two or more electronic images;
(iv) Videotape; or
(v) Any other medium; and
(B) Showing the rear of a motor vehicle and, on at least one image or portion of tape, clearly revealing the number or other identifying designation of the license plate displayed on the motor vehicle.
(6) 'Traffic-control signal monitoring device' means a device with one or more motor vehicle sensors working in conjunction with a traffic-control signal to produce re corded images of motor vehicles being operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal.
40-14-21.
(a) The law enforcement agencies of the various counties, municipalities, colleges, and universities may use traffic-control signal monitoring devices only if the sheriffs of such counties, or the governing authorities of such counties, or the governing authori ties of such municipalities, or the president of such college or university shall approve of and desire the use of such devices and shall apply to the Department of Public Safety for a permit to use such devices in accordance with this article.
(b) No county sheriff, county or municipal governing authority, college, or university shall be authorized to use traffic-control signal monitoring devices where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee sys tem. This subsection shall not apply to any official receiving a recording fee.
(c) A permit shall not be issued by the Department of Public Safety to an applicant under this Code section unless the applicant employs at least one full-time certified peace officer.
40-14-22.
(a) The governing authority of any county or municipality and the president of a col lege or university may apply to the Department of Public Safety for a permit to au thorize the use of traffic-control signal monitoring devices for purposes of traffic con-

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trol within such counties, municipalities, colleges, or universities on streets, roads, and highways, provided the city, county, college, or university shall name the street or road on which the device is to be used. The Department of Public Safety shall notify the Department of Transportation whenever an applicant proposes to use such a de vice to monitor any traffic-control signal which controls traffic on any part of the state highway system.
(b) The Department of Public Safety is authorized to prescribe by appropriate rules and regulations the manner and procedure in which applications shall be made for such permits and to prescribe the required information to be submitted by the appli cants. The Department of Public Safety may deny the application or suspend the traf fic-control signal monitoring device permit for failure to provide information or docu mentation at the department's request. The Department of Public Safety shall not issue a permit authorizing the installation of a traffic-control signal monitoring device for any traffic-control signal which controls traffic on any part of the state highway system unless such installation has been approved by the Department of Transportation.
40-14-23.
No county, municipal, or campus law enforcement agency shall use traffic-control sig nal monitoring devices unless each device, before being placed in service and annually after being placed in service, is certified for compliance by a technician possessing cer tification as required by the Department of Public Safety.
40-14-24.
Each county, municipal, or campus law enforcement agency using a traffic-control sig nal monitoring device shall test the device for accuracy at such regular intervals as prescribed by rule or regulation of the department and record and maintain the re sults of the test. Each such test shall be made in accordance with the manufacturer's recommended procedure. Any such device not meeting the manufacturer's minimum accuracy requirements shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been ser viced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-23.
40-14-25.
Each county, municipality, college, and university using traffic-control signal monitor ing devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 30 inches by 30 inches in measurement and shall warn approaching motorists that traffic-control signal monitoring devices are being employed.
40-14-26.
It shall be unlawful for traffic-control signal monitoring devices to be used in any county or municipality or on any campus for which a permit authorizing such use has not been issued or for which a permit authorizing such use has been suspended or re voked and not reissued. It shall be unlawful for any official of such county, municipal ity, college, or university to order such traffic-control signal monitoring devices to be used. Any such official violating this Code section shall be guilty of a misdemeanor.
40-14-27.

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415

Upon a complaint being made to the commissioner of public safety that any county, municipality, college, or university is employing traffic-control signal monitoring de vices for purposes other than the promotion of the public health, welfare, and safety or in a manner which violates this article or violates its traffic-control signal monitoring device permit, the commissioner or the commissioner's designee is authorized and em powered to conduct an investigation into the acts and practices of such county, munici pality, college, or university with respect to traffic-control signal monitoring devices. If, as a result of this investigation, the commissioner or the commissioner's designee finds that there is probable cause to suspend or revoke the traffic-control signal moni toring device permit of such county, municipality, college, or university, he or she shall issue an order to that effect.
40-14-28.
Upon issuance by the commissioner of public safety of an order suspending or revok ing the traffic-control signal monitoring device permit of any county, municipality, col lege, or university, the county, municipality, college, or university affected shall be af forded a hearing, to be held within ten days of the effective date of the order. The hearing shall be held before the commissioner or deputy commissioner of public safety, and, following the hearing, the county, municipality, college, or university affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated.
40-14-29.
Any county, municipality, college, or university aggrieved by a decision of the commis sioner or deputy commissioner of public safety suspending or revoking its traffic-con trol signal monitoring device permit may appeal that decision within 30 days of its ef fective date to the Board of Public Safety, which shall schedule a hearing with respect thereto before the board. Following a hearing before the board, the county, municipal ity, college, or university affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated. An ad verse decision of the board may be appealed by the county, municipality, college, or university to the superior court with appropriate jurisdiction, but the municipality, county, college, or university shall be denied the use of any traffic-control signal moni toring device until after such appeal is decided by the court.
40-14-30.
At the expiration of six months following the suspension or revocation of a traffic-con trol signal monitoring device permit by the Board of Public Safety or, if no appeal was taken, by the commissioner or deputy commissioner of public safety, the governing au thority of any such county or municipality or the president of any such college or uni versity may, upon a change of circumstances being shown to the commissioner, peti tion the commissioner for a reconsideration of whether such county, municipality, college, or university should be permitted to use traffic-control signal monitoring de vices within their respective jurisdictions.
40-14-31.
The Governor, in his or her discretion, may direct the commissioner of public safety, or his or her delegate, to inquire into such change of circumstances and report the same to him or her together with any recommendations he or she might have. The Governor, in his or her discretion, may order a new hearing on the matter before the Board of Public Safety or may, without hearing, issue his or her order directing the commissioner to grant a permit to such a county, municipality, college, or university

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to use traffic-control signal monitoring devices. If a county, municipality, college, or university shall not be granted a permit to use such devices, it shall not apply for a rehearing until the expiration of six months."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 0, nays 31, and the committee substi tute was lost.
Senator Fort of the 39th offered the following substitute to SB 123: A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relat ing to motor vehicles and traffic, so as to change certain provisions relating to required obedience to traffic-control devices and presumptions; to provide for imposition of certain civil penalties against drivers of motor vehicles operated in disregard or disobedience of CIRCULAR RED or RED ARROW signals displayed by traffic-control devices as evi denced by recorded images produced by traffic-control signal monitoring devices; to pro vide for an inference that the owner of a motor vehicle was the driver in certain cases; to provide for enforcement; to provide for procedures; to provide for permits for and use of traffic-control signal monitoring devices; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-6-20, relating to required obedience to trafficcontrol devices and presumptions, and inserting in lieu thereof the following:
"40-6-20.
(a) The driver of any vehicle shall obey the instructions of an official traffic-control de vice applicable thereto, placed in accordance with this chapter, unless otherwise di rected by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. A violation of this subsection shall be a misde meanor, except as otherwise provided by subsection (f) of this Code section.
(b) No provisions of this chapter which require official traffic-control devices shall be enforced against an alleged violator if at the time and place of the alleged violation an official device was not in proper position and sufficiently legible to be seen by an ordi narily observant person. Whenever a particular Code section does not state that offi cial traffic-control devices are required, such Code section shall be effective even though no devices are erected or in place.
(c) Whenever official traffic-control devices are placed in position approximately con forming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
(d) Any official traffic-control device placed pursuant to this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.

TUESDAY, FEBRUARY 23, 1999

417

(e) The disregard or disobedience of the instructions of any official traffic-control de vice or signal placed in accordance with the provisions of this chapter by the driver of a vehicle shall be deemed prima-facie evidence of a violation of law, without requiring proof of who and by what authority such sign or device has been erected.
(f)(l) As used in this subsection, the term:
(A) 'Owner' means the registrant of a motor vehicle, except that such term shall not include a motor vehicle rental company when a motor vehicle registered by such company is being operated by another person under a rental agreement with such company.
(B) 'Recorded images' means images recorded by a traffic-control signal monitor ing device:
(i) On:
(I) Two or more photographs;
(II) Two or more microphotographs;
(III) Two or more electronic images;
(IV) Videotape; or
(V) Any other medium; and
(ii) Showing the rear of a motor vehicle and, on at least one image or portion of tape, clearly revealing the number or other identifying designation of the license plate displayed on the motor vehicle.
(C) "Traffic-control signal monitoring device' means a device with one or more mo tor vehicle sensors working in conjunction with a traffic-control signal to produce recorded images of motor vehicles being operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal.
(2) Subsection (a) of this Code section may be enforced as provided in this subsec tion pursuant to use of traffic-control signal monitoring devices permitted under Ar ticle 2 of Chapter 14 of this title.
(3) For the purposes of enforcement pursuant to this subsection:
(A) The driver of a motor vehicle shall be liable for a civil monetary penalty not to exceed $250.00 if such vehicle is found, as evidenced by recorded images produced by a traffic-control signal monitoring device, to have been operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsec tion (a) of this Code section;
(B) The law enforcement agency for which such device is permitted shall send by first class mail addressed to the owner of the motor vehicle post-marked not later than ten days after the date of the alleged violation:
(i) A uniform traffic citation for the violation;
(ii) A copy of the recorded image;
(iii) A copy of a certificate sworn to or affirmed by a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, the owner's motor vehicle was oper ated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section; and

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(iv) A statement of the inference provided by subparagraph (C) of this para graph and of the means specified therein by which such inference may be rebutted;
(C) Proof that a motor vehicle was operated in disregard or disobedience of a CIR CULAR RED or RED ARROW signal in violation of subsection (a) of this Code section shall be evidenced by recorded images produced by a traffic-control signal monitoring device authorized pursuant to Article 2 of Chapter 14 of this title. A copy of a certificate sworn to or affirmed by a technician employed by a law en forcement agency for which such device is authorized and stating that, based upon inspection of recorded images, a motor vehicle was operated in disregard or diso bedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section shall be prima-facie evidence of the facts contained therein; and
(D) Liability under this subsection shall be determined based upon preponderance of the evidence. Prima-facie evidence that the vehicle described in the citation is sued pursuant to this subsection was operated in violation of subsection (a) of this Code section, together with proof that the defendant was at the time of such viola tion the registered owner of the vehicle, shall raise an inference that such owner of the vehicle was the person who committed the violation. Such inference may be rebutted if the owner of the vehicle:
(i) Testifies under oath in open court that he or she was not the operator of the vehicle at the time of the alleged violation; or
(ii) Presents to the court prior to the return date established on the citation a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation.
(4) A violation for which a civil penalty is imposed pursuant to this subsection shall not be considered a moving traffic violation, and no points shall be assessed for such violation under Code Section 40-5-57. Such violation shall be deemed noncriminal, and imposition of a civil penalty pursuant to this subsection shall not be deemed a conviction and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for any insurance purposes in the provision of motor vehicle insurance coverage. No court costs or surcharges of any kind shall be imposed in addition to such civil penalty.
(6) If a person summoned by mail fails to appear on the date of return set out in the summons and has not paid the penalty for the violation, the summons may be served in the manner otherwise provided by law. No proceedings for contempt or ar rest of a person summoned by mailing shall be instituted for failure to appear on the return date of such mailed summons.
(7) Except as otherwise provided in this subsection, the provisions of law governing procedure, adjudication, appeal, and payment and distribution of penalties otherwise applicable to violations of subsection (a) of this Code section shall apply to enforce ment under this subsection.
(8) The provisions of this subsection shall not limit law enforcement agencies to the use of traffic-control signal monitoring devices in enforcing subsection (a) of this Code section; and, when there is evidence obtained from another source or sources which constitutes a prima-facie case of a violation of subsection (a) of this Code sec tion, such violation may be prosecuted as otherwise provided by law."

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419

SECTION 2.
Said title is further amended in Chapter 14, relating to use of radar speed detection de vices, by designating Code Section 40-14-1 as Article 1, designating Code Sections 40-142 through 40-14-16 as Article 2, and adding a new Article 3 to read as follows:
"ARTICLE 3
40-14-20.
As used in this article, the term:
(1) 'Recorded images' has the meaning provided in subparagraph (f)(l)(B) of Code Section 40-6-20.
(2) "Traffic-control signal monitoring device' has the meaning provided in subpara graph (f)(l)(C) of Code Section 40-6-20.
40-14-21.
(a) The law enforcement agencies of the various counties, municipalities, colleges, and universities may use traffic-control signal monitoring devices only if the sheriffs of such counties, or the governing authorities of such counties, or the governing authori ties of such municipalities, or the president of such college or university shall approve of and desire the use of such devices and shall apply to the Department of Public Safety for a permit to use such devices in accordance with this article.
(b) No county sheriff, county or municipal governing authority, college, or university shall be authorized to use traffic-control signal monitoring devices where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee sys tem. This subsection shall not apply to any official receiving a recording fee.
(c) A permit shall not be issued by the Department of Public Safety to an applicant under this Code section unless the applicant employs at least one full-time certified peace officer.
40-14-22.
(a) The governing authority of any county or municipality and the president of a col lege or university may apply to the Department of Public Safety for a permit to au thorize the use of traffic-control signal monitoring devices for purposes of traffic con trol within such counties, municipalities, colleges, or universities on streets, roads, and highways, provided the city, county, college, or university shall name the street or road on which the device is to be used.
(b) The Department of Public Safety is authorized to prescribe by appropriate rules and regulations the manner and procedure in which applications shall be made for such permits and to prescribe the required information to be submitted by the appli cants. The Department of Public Safety may deny the application or suspend the traf fic-control signal monitoring device permit for failure to provide information or docu mentation at the department's request.
40-14-23.
No county, municipal, or campus law enforcement agency shall use traffic-control sig nal monitoring devices unless each device, before being placed in service and annually after being placed in service, is certified for compliance by a technician possessing cer tification as required by the Department of Public Safety.
40-14-24.

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Each county, municipal, or campus law enforcement agency using a traffic-control sig nal monitoring device shall test the device for accuracy at such regular intervals as prescribed by rule or regulation of the department and record and maintain the re sults of the test. Each such test shall be made in accordance with the manufacturer's recommended procedure. Any such device not meeting the manufacturer's minimum accuracy requirements shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been ser viced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-23.
40-14-25.
Each county, municipality, college, and university using traffic-control signal monitor ing devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 30 inches by 30 inches in measurement and shall warn approaching motorists that traffic-control signal monitoring devices are being employed.
40-14-26.
It shall be unlawful for traffic-control signal monitoring devices to be used in any county or municipality or on any campus for which a permit authorizing such use has not been issued or for which a permit authorizing such use has been suspended or re voked and not reissued. It shall be unlawful for any official of such county, municipal ity, college, or university to order such traffic-control signal monitoring devices to be used. Any such official violating this Code section shall be guilty of a misdemeanor.
40-14-27.
Upon a complaint being made to the commissioner of public safety that any county, municipality, college, or university is employing traffic-control signal monitoring de vices for purposes other than the promotion of the public health, welfare, and safety or in a manner which violates this article or violates its traffic-control signal monitoring device permit, the commissioner or the commissioner's designee is authorized and em powered to conduct an investigation into the acts and practices of such county, munici pality, college, or university with respect to traffic-control signal monitoring devices. If, as a result of this investigation, the commissioner or the commissioner's designee finds that there is probable cause to suspend or revoke the traffic-control signal moni toring device permit of such county, municipality, college, or university, he or she shall issue an order to that effect.
40-14-28.
Upon issuance by the commissioner of public safety of an order suspending or revok ing the traffic-control signal monitoring device permit of any county, municipality, col lege, or university, the county, municipality, college, or university affected shall be af forded a hearing, to be held within ten days of the effective date of the order. The hearing shall be held before the commissioner or deputy commissioner of public safety, and, following the hearing, the county, municipality, college, or university affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated.
40-14-29.

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421

Any county, municipality, college, or university aggrieved by a decision of the commis sioner or deputy commissioner of public safety suspending or revoking its traffic-con trol signal monitoring device permit may appeal that decision within 30 days of its ef fective date to the Board of Public Safety, which shall schedule a hearing with respect thereto before the board. Following a hearing before the board, the county, municipal ity, college, or university affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated. An ad verse decision of the board may be appealed by the county, municipality, college, or university to the superior court with appropriate jurisdiction, but the municipality, county, college, or university shall be denied the use of any traffic-control signal moni toring device until after such appeal is decided by the court.
40-14-30.
At the expiration of six months following the suspension or revocation of a traffic-con trol signal monitoring device permit by the Board of Public Safety or, if no appeal was taken, by the commissioner or deputy commissioner of public safety, the governing au thority of any such county or municipality or the president of any such college or uni versity may, upon a change of circumstances being shown to the commissioner, peti tion the commissioner for a reconsideration of whether such county, municipality, college, or university should be permitted to use traffic-control signal monitoring de vices within their respective jurisdictions.
40-14-31.
The Governor, in his or her discretion, may direct the commissioner of public safety, or his or her delegate, to inquire into such change of circumstances and report the same to him or her together with any recommendations he or she might have. The Governor, in his or her discretion, may order a new hearing on the matter before the Board of Public Safety or may, without hearing, issue his or her order directing the commissioner to grant a permit to such a county, municipality, college, or university to use traffic-control signal monitoring devices. If a county, municipality, college, or university shall not be granted a permit to use such devices, it shall not apply for a rehearing until the expiration of six months."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the Fort substitute was adopted.
Pursuant to Senate Rule 143, action on SB 123 was suspended and the bill was placed on the Senate General Calendar.

SB 103. By Senator Polak of the 42nd:

A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Geor gia Annotated, relating to general provisions relative to juries, so as to provide that in counties with a population exceeding 400,000 expense allowances for jurors shall not exceed $50.00 per diem.

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:

Balfour Y Blitch

Y Bowen Y Broun, 46th

Y Brown, 26th Brush

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Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison
Hecht Y Hill Y Hooks

Y Huggins Y Jackson N James Y Johnson,D Y Johnson,E EX Kemp Y Ladd
Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T

Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed.

HB 56. By Representatives Buck of the 135th, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorpo rate provisions of federal law into Georgia law.
Senate Sponsor: Senator Dean of the 31st.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 56:
A BILL
To be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relat ing to revenue and taxation, so as to revise provisions relating to Georgia taxes; to de fine the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law; to provide for relief from joint and several liability on joint returns for innocent spouses; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to pro vide for other matters related to the foregoing; to provide for an effective date and appli cability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (14) of Code Section 48-1-2, relating to definitions of terms, and inserting in its place a new paragraph to read as follows:

TUESDAY, FEBRUARY 23, 1999

423

"(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 1998 1999. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a spe cific date prior to January 1, 1998 1999, the term means the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date. Unless other wise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986."
SECTION 2.
Said title is further amended by adding a new subsection at the end of Code Section 487-86, relating to penalty for failure to pay or for underpayment of income taxes, to be designated subsection (g), to read as follows:
"(g)(l) Notwithstanding any other provision of this Code section to the contrary, if:
(A) A joint return has been made for a taxable year;
(B) On such return there is an understatement of tax attributable to erroneous items of one individual filing the joint return;
(C) The other individual filing the joint return establishes that in signing the re turn he or she did not know, and had no reason to know, that there was such understatement;
(D) Taking into account all the facts and circumstances, it is inequitable to hold the other individual liable for the deficiency in tax for such taxable year attributa ble to such understatement; and
(E) The other individual has made the proper election pursuant to Section 6015 of the Internal Revenue Code,
then the other individual shall be relieved of liability for tax, including interest, penalties, and other amounts, for such taxable year to the extent such liability is at tributable to such understatement, if such other individual has been relieved of lia bility for federal income taxes pursuant to Section 6015 of the Internal Revenue Code.
(2) The commissioner shall promulgate any rules and regulations necessary to im plement and administer this subsection."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to taxable years beginning on or after Janu ary 1, 1999. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 1999, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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JOURNAL OF THE SENATE

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

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th
Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,D Y Johnson,E EX Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 138. By Senators James of the 35th, Butler of the 55th, Thomas of the 10th and others:
A bill to amend Code Section 46-5-134 of the Official Code of Georgia Anno tated, relating to the billing of telephone subscribers for an emergency tele phone number "911" system, so as to authorize the payment from an Emer gency Telephone System Fund maintained by a local government of certain personnel and supply costs, the costs of leasing, purchasing, or maintaining certain equipment, and certain other costs associated with the operation of an emergency "911" system.
The Senate Finance and Public Utilities Committee offered the following substitute to SB 138:
A BILL
To be entitled an Act to amend Code Section 46-5-134 of the Official Code of Georgia An notated, relating to the billing of telephone subscribers for an emergency telephone num ber "911" system, so as to authorize the payment from an Emergency Telephone System Fund maintained by a local government of certain personnel and supply costs, the costs of leasing, purchasing, or maintaining certain equipment, and the cost of supplies di rectly related to providing emergency "911" system services; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

TUESDAY, FEBRUARY 23, 1999

425

Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the billing of telephone subscribers for an emergency telephone number "911" system, is amended by striking in its entirety subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows:

"(e) Money from the Emergency Telephone System Fund shall be used only to pay for:

(1) The lease, purchase, or maintenance of emergency telephone equipment, includ ing necessary computer hardware, software, and data base provisioning; addressing; and nonrecurring costs of establishing a '911' system;

(2) The rates associated with the service supplier's '911' service and other service supplier's recurring charges;

(3) The actual cost of salaries, including benefits, of employees hired by the local government solely for the operation and maintenance of the emergency '911' system, including the actual cost of salaries and benefits of such employees who answer nonemergency calls received by the emergency '911' system and the actual cost of train ing such of those employees who work as dispatchers;

(4) Office supplies of the public safety answering points used directly in providing emergency '911' system services; and

(5) The cost of leasing or purchasing a building used as a public safety answering point. Moneys from the fund cannot be used for the construction or lease of an emergency '911' system building until the local government has completed its street addressing plan?;

(6) The lease, purchase, or maintenance of computer hardware and software used at a public safety answering point, including computer-assisted dispatch systems; and

(7) Supplies directly related to providing emergency '911' system services, including the cost of printing emergency '911' public education materials."

SECTION 2.

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

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

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

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

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan

Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,D Johnson,E

EX Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray

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Y Roberts Y Scott Y Smith Y Starr Y Stephens

Y Stokes Y Streat Y Tanksley Y Tate
Thomas,D

Y Thomas,N Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Hecht of the 34th introduced Mr. James Hugh Lindsey, commended by SR 163, adopted previously.
Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow; the motion prevailed, and at 11:40 a.m., the President announced the Senate adjourned.

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427

Senate Chamber, Atlanta, Georgia Wednesday, February 24, 1999 Twenty-sixth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 673. By Representative Hugley of the 133rd:
A bill to provide a new charter for the Town of Junction City.
HB 680. By Representatives Reichert of the 126th, Graves of the 125th, Ray of the 128th and others:
A bill to amend an Act known as the "Macon Water Authority Act," so as to provide for additional purposes, powers, and definitions; to provide for matters having to do with industrial development.
HB 691. By Representative Bulloch of the 180th:
A bill to amend an Act creating a board of commissioners for the County of Thomas, so as to change the compensation of the chairperson and other mem bers of the board of commissioners of Thomas County.
HB 692. By Representative Bulloch of the 180th:
A bill to create the Thomas County Emergency Services Board.
HB 693. By Representatives Hammontree of the 4th and Mann of the 5th:
A bill to amend an Act providing a new charter for the City of Varnell, so as to change the corporate boundaries of such city; to change provisions relating to time of election, taking of office, and terms of office for the mayor and councilmembers; to create a Community Service Department.
HB 697. By Representative Twiggs of the 8th:
A bill to amend an Act providing that the judge of the Probate Court of Union County shall serve as chief magistrate of the Magistrate Court of Union County, so as to provide for the partisan election of the chief magistrate of Union County on and after a certain date; to provide that the judge of the Pro bate Court of Union County shall not serve as chief magistrate on or after a certain date.
HB 381. By Representatives McClinton of the 68th, McKinney of the 51st, Dean of the 48th and others:

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A bill to amend Chapter 88 of Title 36 of the Official Code of Georgia Anno tated, the "Enterprise Zone Employment Act of 1997," so as to provide that new residential construction and residential rehabilitation shall be qualified business enterprises for purposes of Chapter 36; to change the definition of business enterprise; to change certain provisions regarding ad valorem tax exemptions.
HB 541. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Code Section 2-8-54 of the Official Code of Georgia Annotated, relating to the powers and authority of the Agricultural Commodity Commis sion for Peanuts, so as to specifically authorize the commission to acquire, lease as lessee, purchase, hold, own, and use any franchise or real or personal property, whether tangible or intangible, or any interest therein.
HB 525. By Representative Lucas of the 124th:
A bill to amend Code Section 36-82-62 of the Official Code of Georgia Anno tated, relating to powers regarding undertakings and revenue bonds, so as to provide for a limitation on certain extraterritorial undertakings.
HB 630. By Representatives Lucas of the 124th, Walker of the 141st, Murphy of the 18th and others:
A bill to amend Article 2 of Chapter 5 of Title 50 of the Official Code of Geor gia Annotated, relating to administrative space management, so as to require each state entity to submit an inventory of building space leased by such en tity from a public or private entity to the Department of Administrative Services.
HB 506. By Representative Ashe of the 46th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, the "Quality Basic Education Act," so as to provide for funding of foreign language instruction in primary, upper elementary, and middle grade programs.
HB 513. By Representatives Tolbert of the 25th, Shaw of the 176th, Golick of the 30th and others:
A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide for increased penalties for felony insurance fraud committed against persons 60 years of age or older.
HB 524. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Geor gia Annotated, relating to imposition, rate, and computation of state income taxes, so as to change certain provisions regarding tax credits for certain busi ness enterprises.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 154. By Representatives Sims of the 167th, Byrd of the 170th, Hudson of the 156th and others:
A resolution creating the Joint Manufactured Housing Study Committee.

WEDNESDAY, FEBRUARY 24, 1999

429

HR 169. By Representative Rogers of the 20th:
A resolution authorizing the conveyance of certain state owned real property located in Hall County.
HR 215. By Representatives Smith of the 103rd, Stallings of the 100th, Epps of the 131st and others:
A resolution creating the Joint West Georgia River Protection Act Study Committee.
The following bills were introduced, read the first time and referred to committees:
SB 217. By Senator Gillis of the 20th:
A bill to amend an Act providing for the election of the chairperson and the members of the board of education of Jefferson County, as amended, so as to change certain provisions relating to compensation of board members; to pro vide an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 218. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to amend Code Section 42-8-34 of the Official Code of Georgia Anno tated, relating to imposition of probation in criminal cases, so as to provide for the imposition of a new one-time fee when a defendant is placed on probation or another program under the supervision of the Department of Corrections.
Referred to Committee on Corrections, Correctional Institutions and Property.
SB 219. By Senator Crotts of the 17th:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Towaliga Judicial Circuit, to be composed of the Counties of Butts, Lamar, and Monroe; to provide for the continuation of the Flint Judicial Circuit to be composed solely of Henry County; to provide for judges of the superior court and a district attorney and for the transfer of proceedings to such circuit.
Referred to Committee on Judiciary.
SB 220. By Senator Crotts of the 17th:
A bill to amend an Act providing supplements to the salaries of the judges of superior court, the district attorney, and the chief assistant district attorney of the Flint Judicial Circuit so as to change the amount and method of payment of such supplements; to change the proportion of such supplements which each county shall pay.
Referred to Committee on Special Judiciary.
SB 221. By Senator Johnson of the 1st:
A bill to amend Code Section 44-5-60 of the Official Code of Georgia Anno tated, relating to covenants running with the land, the effect of zoning laws, convenants and scenic easements for public use, and renewal of certain cove nants, so as to provide for automatic renewal of certain covenants with re newal provisions; to provide for exceptions; to provide for the period of renewal.

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Referred to Committee on Finance and Public Utilities.
SB 222. By Senators Thompson of the 33rd, Golden of the 8th, Tanksley of the 32nd and Stokes of the 43rd:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, relating to employment security, so as to enact the "Workforce Reinvest ment Act of 1999"; to provide for a new employer rate of contributions; to re peal the drug-free workplace tax reduction; to extend certain sunset provisions; to extend the sunset provisions of benefit experience and variations from standard rate.
Referred to Committee on Finance and Public Utilities.
SB 223. By Senator Crotts of the 17th:
A bill to amend an Act creating the State Court of Henry County so as to change the provisions regarding jurors.
Referred to Committee on State and Local Governmental Operations.
SB 224. By Senators Johnson of the 2nd, Gillis of the 20th, Walker of the 22nd and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Geor gia Annotated, relating to state symbols, so as to designate the Ralph Mark Gilbert Civil Rights Museum as the official Georgia state civil rights museum.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 225. By Senators Polak of the 42nd, Hecht of the 34th, Thomas of the 10th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the electronic filing of campaign disclosure re ports; to provide for the times of filing such reports; to provide for the filing of lobbyist disclosure reports; to provide a condition for the effectiveness of this Act.
Referred to Committee on Judiciary.
SB 226. By Senators James of the 35th, Walker of the 22nd, Johnson of the 2nd and others:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for an additional grant program targeting at-risk students and the conditions and procedures relating thereto; to provide for an annual review.
Referred to Committee on Education.
SR 186. By Senators James of the 35th, Thomas of the 10th, Tate of the 38th and Johnson of the 2nd:
A resolution encouraging public awareness of facts relating to strokes and stroke prevention and supporting the efforts of the National Stroke Associa tion and the Stroke Prevention and Treatment Center of Georgia Neurology Associates to defeat this affliction.
Referred to Committee on Health and Human Services.

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431

SR 187. By Senators James of the 35th, Tate of the 38th, Fort of the 39th and others: A resolution creating the Georgia Youth Legislature.
Referred to Committee on Education.
SR 188. By Senators Cheeks of the 23rd and Balfour of the 9th: A resolution requesting information about the actions of the Attorney General regarding SB 357 from the 1997 session.
Referred to Committee on Judiciary.
SR 193. By Senators Johnson of the 2nd, Gillis of the 20th, Walker of the 22nd and others: A resolution creating the Senate Welfare to Work Transition Study Committee.
Referred to Committee on Health and Human Services.
SR 194. By Senators Johnson of the 2nd, Gillis of the 20th, Walker of the 22nd and others: A resolution creating the Senate Small Business Jobs Creation and Training Study Committee.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SR 196. By Senators Johnson of the 2nd, Walker of the 22nd, Hill of the 4th and others: A resolution creating the Senate Transportation Revenues Study Committee.
Referred to Committee on Transportation.
The following bills were read the first time and referred to committees:
HB 381. By Representatives McClinton of the 68th, McKinney of the 51st, Dean of the 48th and others: A bill to amend Chapter 88 of Title 36 of the Official Code of Georgia Anno tated, the "Enterprise Zone Employment Act of 1997," so as to provide that new residential construction and residential rehabilitation shall be qualified business enterprises for purposes of Chapter 36; to change the definition of business enterprise; to change certain provisions regarding ad valorem tax exemptions.
Referred to Committee on Finance and Public Utilities.
HB 506. By Representative Ashe of the 46th: A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, the "Quality Basic Education Act," so as to provide for funding of foreign language instruction in primary, upper elementary, and middle grade programs.
Referred to Committee on Appropriations.
HB 513. By Representatives Tolbert of the 25th, Shaw of the 176th, Golick of the 30th and others: A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide for increased penalties for felony insurance fraud committed against persons 60 years of age or older.

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JOURNAL OF THE SENATE

Referred to Committee on Insurance and Labor.
HB 524. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Geor gia Annotated, relating to imposition, rate, and computation of state income taxes, so as to change certain provisions regarding tax credits for certain busi ness enterprises.
Referred to Committee on Finance and Public Utilities.
HB 525. By Representative Lucas of the 124th: A bill to amend Code Section 36-82-62 of the Official Code of Georgia Anno tated, relating to powers regarding undertakings and revenue bonds, so as to provide for a limitation on certain extraterritorial undertakings.
Referred to Committee on Natural Resources.
HB 541. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Code Section 2-8-54 of the Official Code of Georgia Annotated, relating to the powers and authority of the Agricultural Commodity Commis sion for Peanuts, so as to specifically authorize the commission to acquire, lease as lessee, purchase, hold, own, and use any franchise or real or personal property, whether tangible or intangible, or any interest therein.
Referred to Committee on Agriculture.
HB 553. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for homeowner tax relief grants to counties and local school districts.
Senator Thompson of the 33rd gave notice that at the proper time, he would move that HB 553 be engrossed.
HB 630. By Representatives Lucas of the 124th, Walker of the 141st, Murphy of the 18th and others:
A bill to amend Article 2 of Chapter 5 of Title 50 of the Official Code of Geor gia Annotated, relating to administrative space management, so as to require each state entity to submit an inventory of building space leased by such en tity from a public or private entity to the Department of Administrative Services. Referred to Committee on State and Local Governmental Operations (General).
HB 673. By Representative Hugley of the 133rd:
A bill to provide a new charter for the Town of Junction City. Referred to Committee on State and Local Governmental Operations.
HB 680. By Representatives Reichert of the 126th, Graves of the 125th, Ray of the 128th and Birdsong of the 123rd:

WEDNESDAY, FEBRUARY 24, 1999

433

A bill to amend an Act known as the "Macon Water Authority Act," so as to provide for additional purposes, powers, and definitions; to provide for matters having to do with industrial development. Referred to Committee on State and Local Governmental Operations.
HB 691. By Representative Bulloch of the 180th: A bill to amend an Act creating a board of commissioners for the County of Thomas, so as to change the compensation of the chairperson and other mem bers of the board of commissioners of Thomas County.
Referred to Committee on State and Local Governmental Operations.
HB 692. By Representative Bulloch of the 180th: A bill to create the Thomas County Emergency Services Board.
Referred to Committee on State and Local Governmental Operations.
HB 693. By Representatives Hammontree of the 4th and Mann of the 5th: A bill to amend an Act providing a new charter for the City of Varnell, so as to change the corporate boundaries of such city; to change provisions relating to time of election, taking of office, and terms of office for the mayor and councilmembers; to create a Community Service Department.
Referred to Committee on State and Local Governmental Operations.
HB 697. By Representative Twiggs of the 8th: A bill to amend an Act providing that the judge of the Probate Court of Union County shall serve as chief magistrate of the Magistrate Court of Union County, so as to provide for the partisan election of the chief magistrate of Union County on and after a certain date; to provide that the judge of the Pro bate Court of Union County shall not serve as chief magistrate on or after a certain date.
Referred to Committee on State and Local Governmental Operations.
HR 154. By Representatives Sims of the 167th, Byrd of the 170th, Hudson of the 156th and others: A resolution creating the Joint Manufactured Housing Study Committee.
Referred to Committee on Consumer Affairs.
HR 169. By Representative Rogers of the 20th: A resolution authorizing the conveyance of certain state owned real property located in Hall County.
Referred to Committee on Finance and Public Utilities.
HR 215, By Representatives Smith of the 103rd, Stallings of the 100th, Epps of the 131st and others: A resolution creating the Joint West Georgia River Protection Act Study Committee.
Referred to Committee on Natural Resources.
HR 269. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and others:

434

JOURNAL OF THE SENATE

A resolution proposing an amendment to the Constitution so as to provide for a homeowner's incentive adjustment for the purpose of providing ad valorem property tax relief; to provide for calculation of adjustment amounts; to au thorize the General Assembly to provide by general law for procedures and conditions.
Senator Thompson of the 33rd gave notice that at the proper time, he would move that HR 269 be engrossed.

The following committee reports were read by the Secretary:

Mr. President:
The Committee on Consumer Affairs 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 173. Do pass.
Respectfully submitted, Senator Harbison of the 15th District, Chairman

Mr. President:

The Committee on Defense, Science and Technology has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 61. Do pass by substitute. SB 193. Do pass.

HB 330. Do pass.

Respectfully submitted,

Senator Polak of the 42nd District, Chairman

Mr. President:

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

SB 170. Do pass. SB 177. Do pass by substitute. SB 178. Do pass.

HB 36. Do pass. HB 55. Do pass as amended.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

Mr. President:
The Committee on Retirement has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 143. Do pass.
Respectfully submitted, Senator Huggins of the 53rd District, Chairman

Mr. President:

WEDNESDAY, FEBRUARY 24, 1999

435

The Committee on Transportation 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:

SR 150. Do pass. SR 151. Do pass. HB 439. Do pass.

HR 162. Do pass. HR 209. Do pass.

Respectfully submitted,

Senator Streat of the 19th District, Chairman

The following bills were read the second time:

SB 35 SB 145 HB 135 HB 397

SB 72 SB 179 HB 261

SB 74 SB 181 HB 262

SB 77 HB 26 HB 264

SB 100 HB 76 HB 292

SB 112 HB 94 HB 361

Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Kemp was excused.

Senator Hill of the 4th moved that Senator Perdue of the 18th be excused. On the mo tion, the yeas were 40, nays 0; the motion prevailed, and Senator Perdue was excused.

Senator Johnson of the 1st moved that Senator Cable of the 27th be excused. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Cable was excused.

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

Balfour Blitch Bowen Broun, 46th Brown, 26th Burton Butler Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden Guhl

Harbison Hecht Hill Hooks Huggins Jackson James Johnson.D Johnson,E Ladd Land Lee Madden Marable Meyer von Bremen Polak Price,R

Price,T Ragan Ray Roberts Scott Smith Starr Stephens Stokes Streat Tanksley Tate Thomas,D Thompson Walker Williams

Those not answering were:

Brush Cable (excused)

Kemp (excused) Lamutt

Perdue (excused) Thomas,N

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

436

JOURNAL OF THE SENATE

Senator Ray of the 48th introduced the chaplain of the day, Reverend Kenan Franklin, associate pastor of First Baptist Church, Lawrenceville, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 189. By Senator Marable of the 52nd: A resolution recognizing the Darlington Upper School Tigers Cross Country Teams.
SR 190. By Senators Meyer von Bremen of the 12th and Hooks of the 14th: A resolution declaring February 25, 1999, as Albany-Dougherty County Day at the Capitol.
SR 191. By Senators Golden of the 8th and Ragan of the llth: A resolution recognizing and commending Mr. Charles R. DeMott, president of Thomas Technical Institute, Thomasville, Georgia.
SR 192. By Senators Brown of the 26th, Fort of the 39th, Harbison of the 15th and others: A resolution recognizing and honoring the Zambian delegation visiting Georgia and extending the warm hand of Southern hospitality to each member.
SR 195. By Senators Johnson of the 2nd, Gillis of the 20th, Walker of the 22nd and others: A resolution recognizing and honoring the Chairman, Grand Marshal, and other representatives of the Savannah St. Patrick's Day Parade Committee.
SR 197. By Senator Smith of the 25th: A resolution recognizing the Morgan County High School Wrestling Team.
SR 198. By Senators Johnson of the 1st and Johnson of the 2nd: A resolution commending Dr. Roland Steven Summers.
SR 199. By Senator Smith of the 25th: A resolution commending the Beta Chapter of the Delta Kappa Gamma Soci ety International, Psi State, Georgia, as it celebrates its sixtieth anniversary.
SR 201. By Senators Crotts of the 17th, Land of the 16th, Cagle of the 49th and others: A resolution commending Georgia Ambulance Network.
The time having arrived to entertain the motion, Senator Thompson of the 33rd moved that the following bill be engrossed:
HB 553. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and others: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for homeowner tax relief grants to counties and local school districts.
On the motion, the yeas were 31, nays 11, and HB 553 was engrossed.

WEDNESDAY, FEBRUARY 24, 1999

437

The President referred HB 553 to the Senate Finance and Public Utilities Committee. Senator Thompson of the 33rd moved that the following resolution be engrossed:

HR 269. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and others:
A resolution proposing an amendment to the Constitution so as to provide for a homeowner's incentive adjustment for the purpose of providing ad valorem property tax relief; to provide for calculation of adjustment amounts; to au thorize the General Assembly to provide by general law for procedures and conditions.
Senator Burton of the 5th moved that HR 269 be printed.
On the motion to print, which takes precedence, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler EX Cable Y Cagle
Cheeks Y Crotts N Dean Y Egan
Fort N Gillis Y Gingrey N Golden Y Guhl

N Harbison N Hecht N Hill N Hooks
Huggins N Jackson N James N Johnson,D Y Johnson,E EX Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen EX Perdue N Polak

Y Price,R Y Price.T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat N Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams

On the motion, the yeas were 20, nays 30, and the motion to print was lost. On the motion to engross HR 269, a roll call was taken, and the vote was as follows:

N Balfour N Blitch Y Bowen Y Broun, 46th Y Brown, 26th
Brush N Burton Y Butler EX Cable N Cagle Y Cheeks N Crotts Y Dean

N Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl Y Harbison
Hecht Y Hill Y Hooks
Huggins Y Jackson Y James

Y Johnson,D N Johnson,E EX Kemp N Ladd N Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen EX Perdue Y Polak N Price,R

438

JOURNAL OF THE SENATE

N Price.T Y Ragan N Ray N Roberts Y Scott Y Smith

Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate

N Thomas,D Y Thomas.N Y Thompson Y Walker N Williams

On the motion, the yeas were 31, nays 19; the motion prevailed, and HR 269 was engrossed.
The President referred HR 269 to the Senate Finance and Public Utilities Committee.

SENATE RULES CALENDAR
Wednesday, February 24, 1999 TWENTY-SIXTH LEGISLATIVE DAY

HB 143 Supplemental appropriations; FY 1998-99 (Substitute)(Approp-14th) Murphy-18th

SB 123

Traffic Signals-monitoring devices to record violations (Substitute)(Pub Saf-39th)

(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 23, 1999.)

HB 278 State agencies; certain meetings; agenda and affidavit (Judy-33rd) Smith-175th

HB 279 Public records; amend provisions (Substitute)(Judy-33rd) Smith-175th

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 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1998-1999.
Senate Sponsor: Senator Hooks of the 14th.
The Senate Appropriations Committee offered the following substitute to HB 143:
A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", approved April 20, 1998 (Ga. L. 1998, p. 1402), so as to change certain appropriations for the State Fiscal Year 19981999; to make language and other changes; to reallocate certain funds; to provide an ef fective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1.

WEDNESDAY, FEBRUARY 24, 1999

439

An Act providing appropriations for the State Fiscal Year 1998-1999, as amended, known as the "General Appropriations Act" approved April 20, 1998 (Ga. L. 1998, p. 1402), is further amended by striking everything following the enacting clause through Section 63, and by substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $11,849,775,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1999.

PARTI. LEGISLATIVE BRANCH

Section 1. General Assembly. Budget Unit: General Assembly....................... Personal Services - Staff.......................................... Personal Services - Elected Officials...................... Regular Operating Expenses.................................... Travel - Staff............................................................. Travel - Elected Officials......................................... Capital Outlay........................................................... Per Diem Differential............................................... Equipment ................................................................. Computer Charges.................................................... Real Estate Rentals.................................................. Telecommunications.................................................. Per Diem, Fees and Contracts - Staff.................... Per Diem, Fees and Contracts - Elected Officials. Photography .............................................................. Expense Reimbursement Account........................... Total Funds Budgeted.......................................... State Funds Budgeted..........................................

27,801,978 14,893,147 4,064,823 2,522,335
107,000 7,000 0
519,200 238,000 985,450
5,000 652,500 123,022 2,451,701 100,000 1,132,800 27,801,978 27,801,978

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

4,557,828 $ 862,851 $
1,235,345 $ 6,656,024 $

4,557,828 862,851
1,235,345 6,656,024

House Functional Budgets

Total Funds

State Funds

House of Representatives and Research Office
Speaker of the House's Office Clerk of the House's Office Total

10,740,572 450,796
1,437,706 12,629,074

Joint Functional Budgets

10,740,572 450,796
1,437,706 12,629,074

440

JOURNAL OF THE SENATE

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility
Oversight Committee Total

$

2,983,333 $

2,983,333

$

2,068,000 $

2,068,000

$

1,083,184 $

1,083,184

$

1,995,877 $

1,995,877

$

386,486 $

386,486

$

8,516,880 $

8,516,880

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 Representa tives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legis lative organizations, upon approval of the Legislative Services Committee; for member ship in the Marine Fisheries Compact and other compacts, upon approval of the Legisla tive Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; pro vided, 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 legisla tive office space, consider the most efficient and functional building designs used for of fice space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fis cal 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 provi sions 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 ex penditure 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 to wards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits ................................................$ Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel..........................................................................................................$ Motor Vehicle Purchases...........................................................................$ Equipment..................................................................................................!

24,023,583 19,549,785
728,274 597,740 315,374
17,500

WEDNESDAY, FEBRUARY 24, 1999

441

Real Estate Rentals...................................................................................$ Per Diem, Fees and Contracts..................................................................$ Computer Charges.....................................................................................$ Telecommunications...................................................................................! Total Funds Budgeted...........................................................................! State Funds Budgeted...........................................................................$

2,256,910 962,662 276,538 68,800
24,773,583 24,023,583

PART II JUDICIAL BRANCH

Section 3. Judicial Branch. Budget Unit: Judicial Branch ...........................................................$ Personal Services .......................................................................................$ Other Operating .......................................................................................$ Prosecuting Attorney's Council ................................................................$ Judicial Administrative Districts .............................................................$ Payment to Council of Superior Court Clerks........................................$ Payment to Resource Center....................................................................$ Computerized Information Network ........................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$

102,490,794 13,477,801 85,319,444 3,022,726
1,652,573 40,500 500,000 741,000
104,754,044 102,490,794

Judicial Branch Functional Budgets

Total Funds

State Funds

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

$

7,098,392 $

$

8,501,549 $

$

41,309,132 $

$

32,135,815 $

$

1,279,908 $

$

867,114 $

$

5,315,169 $

$

166,759 $

$

4,814,709 $

$

2,968,106 $

$

297,391 $

$ 104,754,044 $

Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services.......................................................................................! Personal Services.......................................................................................! Regular Operating Expenses ....................................................................$ Travel..........................................................................................................! Motor Vehicle Purchases...........................................................................! Equipment..................................................................................................! Computer Charges.....................................................................................! Real Estate Rentals...................................................................................! Telecommunications...................................................................................!

6,289,683 8,451,549 41,235,132 30,911,544 1,279,908
867,114 5,235,899
166,759 4,814,709
2,968,106
270,391 102,490,794
43,295,169 59,511,893 12,770,190
509,767 794,834 1,876,908 1,317,478 3,574,350 377,031

442

JOURNAL OF THE SENATE

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
Total Funds

3,207,952 10,024,892
0 0
0
1,334,118 61,155,300
733,484 20,039,840
550,000 35,000 48,500 75,000 232,500
178,169,037 43,295,169
State Funds

Administration Statewide Business Services General Support Services Information Technology State Properties Commission Office of the Treasury State Office of Administrative
Hearings Total

11,139,342 7,696,794 31,935,600 120,877,452
666,886 1,554,571
4,298,392 178,169,037

3,638,278 4,270,610
232,500 30,249,746
666,886 212,926
4,024,223 43,295,169

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....................................................................... Facilities Renovations and Repairs................................................ Total Funds Budgeted................................................................. State Funds Budgeted.................................................................

0 20,905,821 14,521,884
117,000 200,000 161,800 268,100
15,071 231,723 1,095,000
0 0 0 0 37,516,399 0

Departmental Functional Budgets

Total Funds

State Funds

WEDNESDAY, FEBRUARY 24, 1999

443

Administration Facilities Program Operations Security Sales Van Pool Total

12,680,074 $ 2,994,139 $ 10,836,713 $ 6,267,541 $ 4,354,784 $
383,148 $ 37,516,399 $

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.......................................................................! Cotton Producers Indemnity Fund (HB 148).........................................! 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...........................................................................!

44,362,459 32,612,659
4,342,615 1,110,000
302,000 440,136 667,341 814,475 412,585 1,184,741 1,048,240
3,241,872
2,917,861 275,000 35,000 175,000
844,667 5,000,000
662,500 0
40,000 0
56,126,692 44,362,459

Departmental Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces

8,893,293 $ 16,413,009 ! 6,389,418 ! 6,951,882 ! 8,735,723 $ 8,128,189 !

8,112,293 13,280,874 2,714,418 6,764,882 8,606,023 4,883,969

444

JOURNAL OF THE SENATE

Seed Technology Total

$

615,178 $

$

56,126,692 $

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...................................................................................! Capitol Felony Expenses...........................................................................! Contracts for Regional Planning and Development....................................................................................! Local Assistance Grants............................................................................! Appalachian Regional Commission Assessment.....................................! HUD - Community Development Block Pass

WEDNESDAY, FEBRUARY 24, 1999

445

thru Grants ...........................................................................................$ Payment to Georgia Environmental
Facilities Authority ................................................................................$ Community Service Grants ......................................................................$ Home Program...........................................................................................$ ARC-Revolving Loan Fund .......................................................................$ Local Development Fund ..........................................................................$ Downtown Redevelopment Loan Program ..............................................$ Payments to Georgia Music Hall of Fame..............................................$ Payment to State Housing Trust Fund...................................................$ Payments to Sports Hall of Fame............................................................$ Regional Economic Business
Assistance Grants ..................................................................................$ State Commission on National and Community
Service....................................................................................................^ EZ/EC Administration...............................................................................$ EZ/EC Grants.............................................................................................$ Regional Economic Development Grants ................................................$ Contracts for Homeless Assistance..........................................................$ HUD Section 8 Rental Assistance..........................................................$ Total Funds Budgeted. ..........................................................................$ State Funds Budgeted...........................................................................$

30,000,000
2,391,383 5,000,000 2,717,047
0 650,000 247,250 757,051 3,281,250 917,937
5,225,000
616,338 189,073
0 1,187,500 1,250,000 50,000,000 140,147,148 36,072,327

Departmental Functional Budgets

Total Funds

State Funds

Executive Division

$

Planning and Management Division

$

Business and Financial Assistance

Division

$

Housing and Finance Division

$

Accounting, Budgeting and

Personnel Division

$

Rental Assistance Division

$

Administrative and Computer

Support Division

$

Georgia Music Hall of Fame

Division

$

Community Service Division

$

External Affairs Division

$

Total

$

Section 8. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation ............................................. Personal Services......................................................... Regular Operating Expenses...................................... Travel............................................................................ Motor Vehicle Purchases............................................. Equipment .................................................................... Computer Charges.......................................................

6,662,413 $ 4,612,948 $
39,023,364 $ 7,552,959 $
6,137,471 $ 55,352,503 $
3,939,673 $
1,699,708 $ 10,632,637 $ 4,533,472 $ 140,147,148 $

6,302,175 4,399,392
7,498,237 2,717,047
4,797,263 0
2,689,324
0 3,676,824 3,992,065 36,072,327
817,832,526 521,589,003 63,405,287
2,448,731 2,194,938 3,968,410 5,580,060

446

JOURNAL OF THE SENATE

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 Punding........................................................................$ Georgia Correctional Industries ........................................................$ State Funds Budgeted...........................................................................!

6,023,610 6,890,410 13,556,734 85,008,625 23,023,618 1,200,000 20,188,333 11,269,055
0 1,093,624 3,784,700
1,556,055 577,160
1,458,972 80,460,040
66,620
366,244 894,000 856,604,229 450,000
0 817,832,526

Departmental Functional Budgets

Total Funds

State Funds

Executive Operations

128,500,139

Administration

13,143,708

Human Resources

9,058,203

Field Probation

63,742,585

Facilities

642,159,594

Total

856,604,229

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...........................................................................$

State Funds Budgeted...........................................................................$

Section 9. Department of Defense.

109,793,139 12,843,708 9,058,203 63,262,585
622,874,891 817,832,526
46,967,963 36,587,988
1,692,700 565,000 272,500 194,425 591,200
2,920,000 965,000
2,293,650 860,500 25,000
46,967,963 46,967,963

WEDNESDAY, FEBRUARY 24, 1999

447

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...........................................................................!

5,538,547 11,468,131 10,398,783
42,375 0
12,000 59,211 24,400 97,973 514,200
0 22,617,073 5,538,547

Departmental Functional Budgets

Total Funds

State Funds

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

$

1,797,318 !

$

5,910,336 $

$

14,909,419 $

$

22,617,073 $

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..........................................................................................................! Indirect Cost...............................................................................................$ Pupil Transportation.................................................................................!

1,541,077 683,290
3,314,180 5,538,547
4,824,659,883
36,659,106 7,091,508 1,376,889 0 93,497
21,291,061 1,351,240 1,227,256
56,347,664 793,952 0
1,172,174,614 987,512,204 410,106,751 199,517,094 140,115,200 496,109,697 87,917,703 107,842,382
35,306,586 126,497,757 769,988,915 151,357,028

448

JOURNAL OF THE SENATE

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...........................................................................................$ Year 2000 Project Funding .......................................................................$ 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 ...............................................................$ 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 ........................................................................................$

(806,623,477) 85,000,528 0
204,279,413 3,158,000
30,151,010 103,079,409 93,216,695
620,134 22,468,186
235,850,010 5,508,750
54,732,103 2,300,000 49,458,630 188,375,722 33,469,043 4,962,356
1,491,147 10,496,210 3,699,262 31,291,008 3,884,639 3,603,824 12,205,002
293,520 2,907,636
756,500 981,050 1,033,871 89,190,742 9,913,513
17,650,639 749,301
1,690,215 500,000
11,625,943 4,632,785 1,227,493 5,042,895 1,047,000
99,547,892 18,613,363 1,250,000

WEDNESDAY, FEBRUARY 24, 1999

449

Advanced Placement Exams................ Serve America Program....................... Youth Apprenticeship Grants.............. Remedial Summer School.................... Alternative Programs ........................... Joint Evening Programs....................... Environmental Science Grants............ Pay for Performance............................. Mentoring Program.............................. Charter Schools..................................... Technology Specialist............................ Migrant Education................................ Total Funds Budgeted...................... Indirect DOAS Services Funding. State Funds Budgeted......................
Departmental Functional Budgets
Total Funds

1,608,000 382,597
4,340,000 1,689,931 12,924,311
267,333 100,000 7,618,000 500,000 1,164,604 15,401,836 274,395 5,502,281,073 340,000 4,824,659,883
State Funds

State Administration

$

Student Learning and Assessment

$

Governor's Honors Program

$

Quality and School Support

$

Federal Programs

$

Technology

$

Professional Practices

$

Local Programs

$

Georgia Academy for the Blind

$

Georgia School for the Deaf

$

Atlanta Area School for the Deaf

$

Office of School Readiness

$

Total

$

B. Budget Unit: Lottery for Education., Pre-Kindergarten - Grants............................... Pre-Kindergarten - Personal Service.............. Pre-Kindergarten - Operations........................ Applied Technology Labs ................................. Financial and Management Equipment......... Alternative Programs....................................... Educational Technology Centers..................... Distant Learning - Satellite Dishes................ Fort Discovery National Science Center ........ Capital Outlay................................................... Post Secondary Options ................................... Learning Logic Sites......................................... Assistive Technology......................................... Computers in the Classroom........................... Total Funds Budgeted.................................. Lottery Funds Budgeted.............................

Section 11. Employees' Retirement System.

11,194,835 $ 45,431,179 $
1,261,927 $ 8,316,143 $ 7,463,466 $ 33,133,866 $
0$ 5,376,398,900 $
5,706,124 $ 4,748,090 $ 5,525,035 $ 3,101,508 $ 5,502,281,073 $
.$ .$ .$ .$ .$ .$ ,.$ .$ ..$ ,.$ ,.$ .$ ..$ ..$ ..$ ..$ ,.$

9,199,952 39,576,646
1,184,338 6,027,581
482,894 31,437,995
0 4,720,789,634
5,295,437 4,508,563 5,044,293 1,112,550 4,824,659,883
325,585,972 210,788,979
1,992,303 5,047,677 3,300,000 9,006,730
0 660,000
0 1,000,000 60,938,547 4,064,736
0 2,000,000 26,787,000 325,585,972 325,585,972

450

JOURNAL OF THE SENATE

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
Total Funds

673,425 2,498,569
245,100 22,000 0 1,450
2,599,117 327,900 44,001
1,363,105 673,425
7,774,667 673,425
38,218,400 29,062,867
5,753,394 162,613
1,541,975 4,169,581
347,500 21,420
1,160,555 813,221 0 28,500 60,000 241,752
43,363,378 38,218,400
State Funds

Reforestation Field Services General Administration
and Support Total

2,057,502 $ 36,829,387 $
4,476,489 $ 43,363,378 $

Section 13. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation. Personal Services............................................................ Regular Operating Expenses ......................................... Travel............................................................................... Motor Vehicle Purchases...........................................................................! Equipment..................................................................................................! Computer Charges.....................................................................................! Real Estate Rentals...................................................................................! Telecommunications...................................................................................! Per Diem, Fees and Contracts..................................................................!

28,901 33,881,165
4,308,334 38,218,400
53,289,340 40,274,591
6,417,001 441,379 294,000
1,252,540 655,400 380,645
1,014,739 2,075,045

WEDNESDAY, FEBRUARY 24, 1999

451

Evidence Purchased......................................................................... Capital Outlay.................................................................................. Total Funds Budgeted................................................................. State Funds Budgeted.................................................................
Departmental Functional Budgets
Total Funds

484,000 0
53,289,340 53,289,340
State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

$

4,364,733 $

4,364,733

$

25,861,032 $

25,861,032

$

9,778,901 $

9,778,901

$

13,284,674 $

13,284,674

$

53,289,340 $

53,289,340

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..........................................................................-! Transition Fund.........................................................................................! Flood - Contingency...................................................................................! Total Funds Budgeted..........................................................................-! State Funds Budgeted............................................-............................!

50,664,074 16,693,341 1,053,218
242,403 0
92,704 672,698 1,060,101 477,384 3,890,769 3,279,146 40,000 12,501,789 148,913 4,010,000 241,500 175,000
0 262,605 1,915,800 100,000 684,400 1,085,968
0 57,000 50,000 10,000,000 58,734,739 50,664,074

Departmental Functional Budgets

Total Funds

State Funds

Governor's Office Office of Equal Opportunity Office of Planning and Budget Council for the Arts

26,019,848 1,052,229 7,947,274 5,267,819

26,019,848 796,693
7,947,274 4,649,681

452

JOURNAL OF THE SENATE

Office of Consumer Affairs Georgia Information Technology
Policy Council Criminal Justice Coordinating
Council Children and Youth Coordinating
Council Human Relations Commission Professional Standards Commission Georgia Emergency Management
Agency Governor's Commission for the
Privatization of Government Services Total

3,406,398 $
663,695 $
1,388,062 $
2,745,967 $ 308,849 $
4,982,203 $
4,952,395 $

3,287,398
663,695
307,193
583,967 308,849 4,982,203
1,117,273

0$ 58,734,739 $

0 50,664,074

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...................................................$ Operating Expenses...................................................................................$ Total Funds Budgeted...........................................................................$ Indirect DOAS Services Funding ......................................................$ State Funds Budgeted...........................................................................$

1,217,724,646
75,289,056 2,804,309 1,734,518 1,573,678
111,313 4,667,716 9,672,474 45,057,557 9,344,247
0 46,736,389 55,927,874
89,214 830,352 23,042,310 1,278,116 714,564 278,873,687 3,982,840 158,124,478

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Office of Planning and
Budget Services Office of Adoption Children's Community Based
Initiative Troubled Children's Placements

1,063,023 $
4,099,356 $ 7,496,417 $
8,477,499 $ 1,285,580 $

1,063,023
4,099,356 5,430,588
8,102,499 1,285,580

WEDNESDAY, FEBRUARY 24, 1999

453

Human Resources Development Rural Health 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 Transportation Services Indirect Cost Policy and Government Services Aging Services State Health Planning Agency DD Council Total

$

111,648 $

111,648

$

46,736,389 $

33,585,726

$

83,779,292 $

46,778,190

$

5,326,156 $

4,076,660

$

592,106 $

582,106

$

3,119,082 $

3,092,513

$

10,775,409 $

5,099,493

$

6,440,923 $

2,318,527

$

7,095,283 $

5,745,248

$

1,932,078 $

1,932,078

$

7,000,098 $

7,000,098

$

9,175,212 $

767,434

$

0 $ (14,714,419)

$

1,297,150 $

1,297,150

$

69,558,619 $

38,693,170

$

1,828,646 $

1,728,646

$

1,683,721 $

49,164

$ 278,873,687 $ 158,124,478

2. Public Health Budget: Persons.! Sei*vices Resmlsr OoerEttiiiff EXDGHSGS Travel ]Motor Vehicle Purchases
Per Diem, Fees and Contracts..... ...........
Total Funds Budgeted. ........................ Indirect DOAS Services Funding .... State Funds Budgeted... ......................

.$

49,747,200

..$

75,501,063

..$

850,046

,.$

0

,.$

195,367

,.$

1,283,987

..$

5,178,731

..$

0

..$

904,761

..$

330,732

..$

16,723,789

..$ 142,417,964

..$

34,500

..$

190,457

..$

5,222,222

..$ 298,580,819

..$

324,160

..$ 161,790,916

Departmental Functional Budgets

Total Funds

State Funds

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

$

13,187,156 $

13,060,221

$

1,621,801 $

1,343,698

$

1,728,103 $

1,402,928

$

2,264,400 $

1,151,788

$

4,556,076 $

3,789,257

$

5,148,516 $

5,148,516

$

3,142,667 $

1,081,142

454

JOURNAL OF THE SENATE

Family Planning 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 Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS 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..........................

$

10,914,939 $

5,837,156

$

83,836,266 $

0

$

71,867,335 $

70,713,563

$

13,224,198 $

6,532,632

$

3,781,966 $

2,431,253

$

1,541,005 $

1,433,783

$

1,709,774 $

1,457,633

$

1,566,915 $

0

$

5,858,685 $

4,360,684

$

947,765 $

647,705

$

1,072,210 $

584,991

$

2,642,740 $

1,161,007

$

213,052 $

213,052

$

583,309 $

583,309

$

5,292,059 $

5,292,059

$

1,899,972 $

1,642,788

$

358,474 $

215,836

$

1,951,438 $

1,696,341

$

539,144 $

539,144

$

1,970,860 $

1,458,987

$

6,888,271 $

6,618,271

$

173,874 $

173,874

$

10,562,837 $

6,118,781

$

10,740,045 $

2,640,380

$

13,257,102 $

2,906,090

$

181,710 $

164,213

$

13,356,155 $

11,015,451

$

0$

(1,625,617)

$ 298,580,819 $ 161,790,916

83,971,553 11,608,147
1,567,496 50,582
803,072 5,103,781 10,841,499
302,541 2,360,907 32,289,559
735,245 11,883,883
255,000 859,650 649,007 163,281,922 100,000 24,827,608

WEDNESDAY, FEBRUARY 24, 1999

455

Departmental Functional Budgets Total Funds

State Funds

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

$

62,830,592 $

$

768,949 $

$

511,903 $

$

10,471,695 $

$

1,634,051 $

$

744,540 $

$

46,035,799 $

$

12,333,607 $

$

27,950,786 $

$ 163,281,922 $

13,578,602 333,969 511,903
2,851,205 566,944 744,540 0 911,649
5,328,796 24,827,608

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...........................................................................$

30,010,070 4,405,294 885,885 0 443,950 3,745,843 27,026,214 0 1,059,070 3,992,945
281,422,326 6,952,433
258,114,622 31,016,860 2,037,559
339,077,955 990,191,026
0 358,618,882

Departmental Functional Budgets

Total Funds

State Funds

Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management Human Resources Management Public Assistance Child Support Recovery Temporary Assistance for
Needy Families SSI - Supplemental Benefits Refugee Programs

595,539 3,830,645 2,768,398 4,199,523 11,592,055 1,243,216 2,458,110 5,047,288 44,488,295
271,131,764 1,122,012 2,799,420

595,539 3,318,604 2,489,095 4,199,523 1,311,682 1,243,216 1,452,319 3,151,178 4,657,315
53,247,444 1,122,012 0

456

JOUKNAL 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

$

7,223,130 $

0

$ 121,788,835 $

60,005,156

$ 100,017,177 $

$

3,190,752 $

37,725,200 0

$

8,649,308 $

2,530,614

$

85,839,926 $

39,671,326

$

22,782,709 $

8,507,737

$

45,257,515 $

15,861,742

$

4,290,503 $

2,520,990

$

36,785,262 $

23,915,275

$

15,693,415 $

11,320,907

$

6,646,142 $

5,798,815

$

19,610,612 $

14,010,181

$

10,044,785 $

8,218,081

$ 143,320,622 $

53,486,937

$

3,781,123 $

3,741,123

$

3,992,945 $

3,992,945

$

0 $ (9,476,074)

$ 990,191,026 $ 358,618,882

5. Community Mental Health/ Mental Retardation and Insti

tutions:

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.........................

$

291,917,988 50,366,612 200,000 10,539,760 1,962,161 340,585,552 695,572,073 1,313,100 514,362,762

Departmental Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Augusta Regional Hospital 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

$

37,317,489 $

$

15,642,617 $

$

27,519,374 $

$

42,182,261 $

$ 118,968,958 $

$

17,709,411 $

$

53,750,270 $

$

19,986,906 $

$

3,975,087 $

22,447,722 13,755,725 17,097,991
31,201,924 78,295,168
16,078,590 29,700,574 17,200,667 3,056,433

WEDNESDAY, FEBRUARY 24, 1999

457

Metro Drug Abuse Centers Substance Abuse
Residential Services Community Mental Health Services Community Mental
Retardation Services Community Substance Abuse Services State Administration Regional Administration Total

$

1,091,647 $

$

552,908 $

$ 176,863,215 $

$

96,670,593 $

$

69,845,218 $

$

8,394,444 $

$

5,101,675 $

$ 695,572,073 $

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 ........................................................................................$

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 ...................................................................................................$

955,131
0 170,932,084
65,498,114 37,989,981
5,829,287 4,323,371 514,362,762
530,935,867 94,318,813
5,037,945 1,824,260 1,553,702 14,801,327 52,718,918 45,360,098 13,668,985 51,081,176 340,585,552 32,289,559 3,992,945 281,422,326 8,018,410 304,851,011 115,552,406 142,417,964 2,340,875 11,399,410 3,707,375 23,042,310 340,356,071 5,222,222
23,256,380 11,373,225
1,446,549 647,475 16,200 95,067 459,480 848,245 400,700
1,663,030 250,600
6,005,809

458

JOURNAL OF THE SENATE

Georgia Ports Authority Lease Rentals.... Foreign Currency Reserve.......................... Waterway Development in Georgia........... Lanier Regional Watershed Commission.. Total Funds Budgeted........................... State Funds Budgeted............................
Departmental Functional Budgets
Total Funds

0 0 50,000 0 23,256,380 23,256,380
State Funds

Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning and Research Total

8,178,950 $ 4,574,038 $ 1,766,560 $ 4,534,149 $ 1,534,279 $ 2,668,404 $ 23,256,380 $

8,178,950 4,574,038 1,766,560 4,534,149 1,534,279 2,668,404 23,256,380

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...........................................................................$

15,781,902 14,486,323
689,017 446,000 122,500 46,879 160,778 816,991 328,712 144,658
0 17,241,858 15,781,902

Departmental Functional Budgets

Total Funds

State Funds

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.......................................................

4,210,382 $ 6,095,406 $
620,037 $
5,511,356 $ 804,677 $
17,241,858 $

4,210,382 6,095,406
620,037
4,051,400 804,677
15,781,902
216,453,274 126,816,777 13,945,080
1,346,330 536,615 605,778
2,129,328

WEDNESDAY, FEBRUAEY 24, 1999

459

Real Estate Rentals...................................................................................! Telecommunications...................................................................................$ Per Diem, Fees and Contracts..................................................................$ Utilities .......................................................................................................$ Institutional Repairs and Maintenance...................................................$ Grants to County-Owned Detention Centers..........................................$ Service Benefits for Children ...................................................................$ Purchase of Service Contracts..................................................................! Capital Outlay............................................................................................$ Juvenile Justice Reserve ...........................................................................$ Total Funds Budgeted...........................................................................! State Funds Budgeted...........................................................................!

2,051,185 1,404,873 13,236,729 3,540,020
652,485 0
24,020,998 30,330,105
1,307,545 0
221,923,848 216,453,274

Departmental Functional Budgets

Total Funds

State Funds

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

!

46,067,224 $

!

18,459,161 $

!

12,727,620 !

!

7,920,663 !

!

6,662,309 !

!

16,506,511 !

!

27,237,559 $

!

11,927,061 !

!

22,507,398 $

!

413,799 !

!

1,028,644 !

!

26,263,205 $

!

150,000 $

!

1,955,246 !

!

551,455 !

!

3,981,645 !

!

17,564,348 $

! 221,923,848 $

Section 19. Department of Labor. ..........................................! ..........................................$ ..........................................$
Travel ................................................................ ..........................................$ ..........................................$ ..........................................$ ..........................................$
Real Estate Rentals......................................... ..........................................! ..........................................!
Per Diem, Fees and Contracts (JTPA) .......... ..........................................$

W.I.N. Grants ................................................... ..........................................$ ..........................................$
Caoital Outlav.................................................. ..........................................$

45,503,826 17,795,649 12,221,190 7,670,679 6,364,750 15,838,421 26,407,384 11,567,061 22,244,903
413,799 1,028,644 25,304,872
150,000 1,955,246
551,455 3,891,645 17,543,750 216,453,274
11,251,054 76,681,123 6,891,518
1,339,327 0
465,488 3,200,000 2,017,900 1,467,439 54,500,000 5,248,067
0 1,774,079
0

460

JOURNAL OF THE SENATE

Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$
Section 20. Department of Law. Budget Unit: Department of Law.....................................................$ Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel..........................................................................................................$ Motor Vehicle Purchases...........................................................................$ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications..................................................................................^ Per Diem, Fees and Contracts..................................................................$ Books for State Library ............................................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$
Section 21. Department of Medical Assistance. A. Budget Unit: Medicaid Services..................................................$ Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel..........................................................................................................$ Motor Vehicle Purchases...........................................................................$ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications..................................................................................^ Per Diem, Fees and Contracts..................................................................$ Medicaid Benefits, Penalties and Disallowances....................................$ Audit Contracts..........................................................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$
Departmental Functional Budgets

153,584,941 11,251,054
13,837,210 13,068,257
816,949 199,322
0 21,000 305,201 826,548 145,924 16,160,000 147,000 31,690,201 13,837,210
1,198,307,467 20,289,881 5,732,000 312,930 165,000 222,000 40,361,600 892,880 566,600 112,417,915
3,235,477,439 772,500
3,417,210,745 1,198,307,467

Commissioner's Office Benefits, Penalties and
Disallowances System Management Indemnity Chronic Care Quality, Eligibility and
Third Party Liability Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care General Administration Total
B. Budget Unit: Indigent Trust Fund .

Total Funds

State Funds

$

1,754,407 $

811,527

$ 3,235,477,439 $ 1,143,938,658

$

46,442,745 $

12,998,623

$

6,511,348 $

2,556,414

$

3,759,211 $

1,376,806

$

3,134,856 $

1,520,621

$

7,624,607 $

2,690,223

$

7,854,892 $

3,513,271

$ 52,489,831 $ 26,092,164

$ 52,161,409 $

2,809,160

$ 3,417,210,745 $ 1,198,307,467

148,828,880

WEDNESDAY, FEBRUARY 24, 1999

461

Per Diem, Fees and Contracts..................................................................$ Benefits.......................................................................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................!

8,200,000 364,183,084 372,383,084 148,828,880

C. Budget Unit: PeachCare for Kids................................................$ Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel.................................................................................................,........$ Motor Vehicle Purchases...........................................................................$ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications...................................................................................$ Per Diem, Fees and Contracts..................................................................$ PeachCare Benefits....................................................................................$ Total Funds Budgeted... ........................................................................$ State Funds Budgeted...........................................................................!

8,623,130 410,607 407,634 50,000 0 12,000 271,700 0 14,950
6,060,893 25,421,432 32,649,216
8,623,130

Section 22. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration......................................................! Personal Services.......................................................................................! Regular Operating Expenses ....................................................................$ Travel..........................................................................................................! Equipment..................................................................................................! Real Estate Rents......................................................................................! Per Diem, Fees and Contracts..................................................................! Computer Charges.....................................................................................! Telecommunications..............................................................................,....! Health Insurance Payments .....................................................................$ Total Funds Budgeted...........................................................................! Federal Funds .........................................................................................$ Other Agency Funds..............................................................................! Agency Assessments ..............................................................................$ Employee and Employer Contributions...........................................! Deferred Compensation........................................................................! State Funds Budgeted...........................................................................!

35,000,000 9,324,819 1,948,626 107,000 30,495 895,630
261,302,453 3,613,928 337,915
961,379,243 1,238,940,109
0 1,139,025 10,239,210 1,192,213,501
348,373 35,000,000

Departmental Functional Budgets

Total Funds

State Funds

Executive Office Human Resource Administration Employee Benefits Internal Administration Children's Health
Insurance Program Total

!

1,564,340 !

!

5,314,686 !

! 1,227,638,628 $

!

4,422,455 $

!

0!

! 1,238,940,109 $

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources . Personal Services....................................................................

0 0 35,000,000 0
0 35,000,000
109,848,303 77,269,779

462

JOURNAL OF THE SENATE

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 .................................................................................$ 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 ......................$

14,145,445 623,961
1,805,910 2,591,559 2,444,702 10,713,329
836,964 1,282,872
0 925,000 1,304,556
1,099,957 3,138,000
213,750 722,330 350,000 1,300,000
26,250 0
500,000
800,000 161,000 500,000
0
0 0
170,047 208,272
300,000
0 36,015 12,790,539 6,132,574
2,352,071 100,000
144,844,882
891,069
0
2,663,931 1,429,219

WEDNESDAY, FEBRUARY 24, 1999

463

Indirect DOAS Funding.. State Funds Budgeted.....
Departmental Functional Budgets Total Funds

200,000 109,848,303
State Funds

Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Total

5,180,869 4,128,106 2,851,772 38,273,533 2,516,030 37,816,981 53,118,838
958,753 $ 144,844,882

5,165,869 4,128,106 2,361,772 19,408,646 2,021,312 32,470,190 43,333,655
958,753 109,848,303

B. Budget Unit: Georgia Agricultural Exposition Authority ....................................................................................$
Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel........ ..................................................,,..............................................$ Motor Vehicle Purchases...........................................................................$ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications..................................................................................^ Per Diem, Fees and Contracts..................................................................$ Capital Outlay............................................................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$

0 2,920,177 2,304,978
25,000 0
95,000 40,000
0 70,000 695,000
0 6,150,155
0

Departmental Functional Budgets

Total Funds

State Funds

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........................................................

6,150,155 $
..$
..$ ..$ ..$ ..$ ..$ ..$ ..$ ..$ ..$ ..$ ..$ ..$

104,480,478
63,329,195 7,801,357
104,095 4,311,500
288,190 3,147,710
28,962 1,944,147 1,132,000
145,100 0 0

464

JOURNAL OF THE SENATE

Total Funds Budgeted. ..........................................................................$ Indirect DOAS Service Funding........................................................! State Funds Budgeted............ ...............................................................$

82,232,256 1,650,000
80,582,256

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.....................................................................................! State Patrol Posts Repairs and Maintenance.........................................! Driver License Processing.........................................................................! Total Funds Budgeted...........................................................................! Indirect DOAS Service Funding........................................................! State Funds Budgeted...........................................................................!

19,190,478 1,112,113
61,941 0
62,343 9,000
47,262 273,300 69,000
0 303,651
34,900 2,734,234 23,898,222
0 23,898,222

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

21,763,287 $

20,263,287

$

23,898,222 $

23,898,222

!

60,468,969 $

60,318,969

! 106,130,478 $ 104,480,478

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...........................................................................!

14,843,486
8,293,835 2,587,526
94,010 64,220 393,546 148,442 156,997 207,037 488,533 2,425,200 3,603,386 300,000 18,762,732 14,843,486

Departmental Functional Budgets

Total Funds

State Funds

Office of Highway Safety

!

3,118,086 $

348,840

WEDNESDAY, FEBRUARY 24, 1999

465

Georgia Peace Officers Standards and Training
Police Academy Fire Academy Georgia Firefighters Standards
and Training Council Georgia Public Safety
Training Facility Total

1,514,787 $ 1,161,166 $ 1,149,978 $
456,885 $
11,361,830 $ 18,762,732 $

1,514,787 1,071,166 1,039,978
456,885
10,411,830 14,843,486

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..................................................................

17,642,000 575,000
17,067,000 17,642,000 17,642,000

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...........................................................................$

9,693,799 7,917,274
670,486 278,106 309,500
71,526 404,786 330,108 168,202 2,379,981 12,529,969 9,693,799

Departmental Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

3,393,720 $ 4,186,195 $ 4,950,054 $ 12,529,969 $

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................................................................................. .$

3,393,720 1,580,886 4,719,193 9,693,799
1,399,440,542
1,455,495,686 215,731,047
454,183,917 637,169,805 31,920,581
990,354 361,267 954,461

466

JOURNAL OF THE SENATE

Research Consortium.............................................................................$ Capital Outlay ........................................................................................$ Total Funds Budgeted...........................................................................$ Departmental Income............................................................................$ Sponsored Income..................................................................................$ Other Funds.............................................................................................$ Indirect DOAS Services Funding ......................................................$ State Funds Budgeted...........................................................................$

46,710,000 17,163,263 2,860,680,381 103,648,940 852,900,852 501,650,547 3,039,500 1,399,440,542

B. Budget Unit: Regents Central Office and Other Organized Activities ...................................................$
Personal Services: Educ., Gen., and Dept. Svcs .................................................................$ Sponsored Operations ............................................................................$
Operating Expenses: Educ., Gen., and Dept. Svcs .................................................................$ Sponsored Operations ............................................................................$ Fire Ant and Environmental Toxicology Research..............................................................................................! Agricultural Research............................................................................$ Advanced Technology Development Center/ Economic Development Institute ......................................................$ Capitation Contracts for Family Practice Residency..............................................................................$ Residency Capitation Grants ................................................................$ Student Preceptorships..........................................................................$ Mercer Medical School Grant ...............................................................$ Morehouse School of Medicine Grant ..................................................$ Capital Outlay ........................................................................................$ Center for Rehabilitation Technology ..................................................$ SREB Payments .....................................................................................$ Medical Scholarships .............................................................................$ Regents Opportunity Grants.................................................................$ Regents Scholarships .............................................................................$ Rental Payments to Georgia Military College ....................................$ CRT Inc. Contract at Georgia Tech Research Institute .....................................................................$ Direct Payments to the Georgia Public Telecommunications Commission for Operations............................$
Pediatric Residency Capitation Contracts...............................................! Total Funds Budgeted...........................................................................! Departmental Income............................................................................! Sponsored Income..................................................................................! Other Funds.............................................................................................! Indirect DOAS Services Funding ......................................................$ State Funds Budgeted...........................................................................!

191,122,861
290,767,410 118,215,795
130,524,657 70,293,453
0 2,632,448
17,127,687
4,312,000 1,974,000
176,400 7,660,000 7,394,890
0 4,567,076 5,577,775 1,588,578
600,000 200,000 1,276,071
179,214
16,474,791 480,000
682,022,245 3,576,811
199,211,819 287,567,254
543,500 191,122,861

Regents Central Office and Other Organized Activities

Total Funds

State Funds

WEDNESDAY, FEBRUARY 24, 1999

467

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 Joint Board of Family Practice Georgia Radiation Therapy Center Athens and Tifton Veterinary
Laboratories Regents Central Office Total

2,366,695 5,206,075 $ 1,631,699 $ 109,739,028 $

$

17,127,687 !

$

71,460,073 $

$

58,273,929 $

$ 345,265,352 $

$

3,174,529 $

5,205,161 27,787,441
3,511,664

3,484,976 27,787,936 682,022,245 $

C. Budget Unit: Georgia Public Telecommunications Comnaaaion................................................................................^
Personal Services.......................................................................................$ Operating Expenses...................................................................................$ General Programming...............................................................................$ Distance Learning Programming.............................................................$ Capital Outiay............................................................................................$ Total Funds Budgeted...........................................................................! Other Funds.............................................................................................! State Funds Budgeted...........................................................................$ D. Budget Unit: Lottery for Education ............................................$

Equipment, Technology and Construction Trust Fund..............................................................................................$
Georgia Public Telecommunications Commission...................................$ Internet Connection Initiative..................................................................$ Special Funding Initiatives.......................................................................! Georgia Military College - Equipment....................................................! 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...................................................................................!

1,515,836 1,731,075 1,066,845 9,299,364
7,692,033 41,820,924 34,086,429
34,591,288
3,174,529
545,004 27,787,441
0
131,006 27,681,087 191,122,861
0 10,334,700 8,870,865 3,889,958 6,702,234
90,000 29,887,757 29,887,757
0 26,935,000
15,000,000 2,000,000 2,219,000 7,466,000
250,000 26,935,000 26,935,000
113,297,564 64,948,662 5,748,644
1,163,929 315,425 441,130
15,439,748 5,015,475 2,870,400

468

JOURNAL OF THE SENATE

..$

County Tax Officials/Retirement and F][CA........................ .................. ..$

Grants to Counties/Appraisal Staff.. ......

$

..$

..$

..$

Total Funds Budgeted.........................

,.$

Indirect DOAS Services Funding ....

..$

State Funds Budgeted.........................

..$

2,218,400 3,422,795
n
2,404,350 6,149,766 15,453,831 125,592,555 3,845,000 113,297,564

Departmental Functional Budgets

Departmental Administration Internal Administration Information Systems 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

Total Funds

$

30,174,813

$

6,736,661

$

12,457,935

$

17,355,208

$

8,489,277

$

18,920,612

$

8,680,937

$

4,815,402

$

4,116,455

$

20,000

$

4,430,892

$

2,477,827

$ 125,592,555

State Funds

$

30,174,813

$

6,586,661

$

11,442,735

$

17,215,208

$

8,189,277

$

17,620,612

$

8,680,937

$

3,081,947

$

4,016,455

$

20,000

$

3,791,092

$

2,477,827

$ 113,297,564

Section 29. Secretary of State. A. Budget Unit: Secretary of State Travel........................................................
Total Funds Budgeted....... .................. State Funds Budgeted.... .....................

..$

29,641,611

..$

18,387,545

..$

3,354,702

..$

245,300

..$

105,650

..$

131,482

,.$

3,016,336

,.$

2,474,252

..$

814,690

..$

1,559,154

..$

597,500

..$

30,686,611

,.$

29,641,611

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Archives and Records Business Services - Corporations Business Services - Securities Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards

$

4,562,718 $

4,532,718

$

5,035,638 $

4,960,638

$

2,610,676 $

1,890,676

$

2,017,587 $

1,967,587

$

4,348,582 $

4,328,582

$

1,247,851 $

1,247,851

$

388,710 $

388,710

$

10,241,898 $

10,091,898

WEDNESDAY, FEBRUARY 24, 1999

469

;- Holocaust Commission ; Total

232,951 $ 30,686,611 !

232,951 29,641,611

B. Budget Unit: Real Estate Commission ......................................$ Personal Services.......................................................................................$ Regular Operating Expenses ....................................................................$ Travel ..........................................................................................................$ Motor Vehicle Purchases...........................................................................$ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications...................................................................................! Per Diem, Fees and Contracts..................................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$

2,272,618 1,383,094
166,400 15,000 29,000 7,639
181,400 170,085 187,000 133,000 2,272,618 2,272,618

Departmental Functional Budgets

State Funds

Operations

Real Estate Commission

$

2,272,618 $

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......................................................!

2,312,618
2,194,317 1,345,344
245,178 41,650 27,464 13,188 13,800 118,648 26,788
432,157 121,500 2,385,717 2,194,317
33,478,570 534,451 22,680 18,000 0 7,500 38,822 46,000 18,691 91,800 0
4,510,455 25,749,053
500,000 86,000 337,500

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North Georgia College Graduates Scholarship.......................................$ Osteopathic Medical Loans.......................................................................$ Georgia Military Scholarship Grants ......................................................$ Paul Douglas Teacher Scholarship Loans ...............................................$ Work Incentive for Students.....................................................................$ Total Funds Budgeted...........................................................................! State Funds Budgeted...........................................................................$

68,500 100,000 808,368
0 540,750 33,478,570 33,478,570

Departmental Functional Budgets

Total Funds

State Funds

Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

32,700,626 $
777,944 $ 33,478,570 $

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 ....................................................................$

32,700,626
777,944 33,478,570
216,028,022 117,418,487 29,888,210 26,527,997
8,042,088 28,029,000
771,210 220,530 3,500,000 1,107,000 523,500 216,028,022 216,028,022
3,800,000 6,259,990
366,100 20,500 0 5,700
1,165,717 527,355 279,665 329,300 0
3,550,000
250,000 12,754,327 3,800,000
247,751,549 6,640,013 597,890

WEDNESDAY, FEBRUARY 24, 1999

471

Travel ............,.............................................................................................$ Motor Vehicle Purchases...........................................................................$ Equipment ..................................................................................................$ Real Estate Rentals...................................................................................$ Per Diem, Fees and Contracts..................................................................$ Computer Charges .....................................................................................$ Telecommunications................................,.................................................^ Salaries and Travel of Public Librarians................................................$ Public Library Materials...........................................................................$ Talking Book Centers................................................................................$ Public Library Maintenance and Operation ...........................................$ Capital Outlay............................................................................................$ Personal Services-Institutions ..................................................................$ Operating Expenses-Institutions..............................................................$ Area School Program.................................................................................$ Adult Literacy Grants...............................................................................$ Regents Program ...............................................................................,.......$ Quick Start Program.................................................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$

165,100 0
192,271 742,246 769,575 1,002,182 146,786 15,833,471 5,972,145 1,075,353 8,207,385
0 187,142,492 57,257,137
6,274,488 19,592,382 3,615,148 10,781,810 326,007,874 247,751,549

Departmental Functional Budgets

Total Funds

State Funds

Administration

$

Institutional Programs

$

Total

$

B. Budget Unit: Lottery for Education..... Computer Laboratories and Satellite
Dishes-Adult Literacy...................................... Capital Outlay - Technical Institute
Satellite Facilities............................................. Equipment-Technical Institutes ......................... Repairs and Renovations-Technical Institutes.. Total Funds Budgeted..................................... Lottery Funds Budgeted................................

Section 34. Department of Transportation. Budget Unit: Department of Transportation. Personal Services........................................................ Regular Operating Expenses..................................... Travel ........................................................................... Motor Vehicle Purchases............................................ Equipment................................................................... Computer Charges...................................................... Real Estate Rentals.................................................... Telecommunications.................................................... Per Diem, Fees and Contracts................................... Capital Outlay............................................................. Capital Outlay - Airport Aid Program..................... Mass Transit Grants..................................................

10,256,063 $ 315,751,811 $ 326,007,874 $

7,172,413 240,579,136 247,751,549
24,884,346
0
0 18,884,346 6,000,000 24,884,346 24,884,346
598,154,925 262,742,052
62,239,702 2,024,000 2,000,000 7,944,070 14,397,650 1,333,768 3,269,333 60,563,553 816,827,596 2,241,866 11,543,887

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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

Total Funds

710,855
341,250 1,248,179,582
598,154,925
State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 910,011,135 $

$ 245,787,351 $

$

17,851,383 $

$

32,000,472 $

$ 1,205,650,341 $

282,120,458 233,363,366
17,291,383 31,216,797 563,992,004

General Funds Budget Planning and Construction Maintenance and Betterments Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities Total

21,250,000 $ 0$
3,193,115 $ 17,375,271 $

21,250,000 0
2,732,369 9,469,697

710,855

710,855

$

42,529,241 $

34,162,921

Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service.............................$ Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel..........................................................................................................$ Motor Vehicle Purchases...........................................................................$ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................! Telecommunications...................................................................................! Per Diem, Fees and Contracts..................................................................! Capital Outlay............................................................................................! Operating Expense/Payments to Medical College of Georgia....................................................................! Regular Operating Expenses for Projects and Insurance..........................................................................! Total Funds Budgeted...........................................................................! State Funds Budgeted...........................................................................!

20,425,431 5,183,283 246,723 102,245 0 173,265 27,100 250,711 76,850 14,289,340 200,000
7,372,118
850,500 28,772,135 20,425,431

Departmental Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Nursing Home-Augusta Total

$

21,144,017 $

!

7,628,118 !

!

28,772,135 $

Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board ................................$

15,335,705 5,089,726 20,425,431
11,504,420

WEDNESDAY, FEBRUARY 24, 1999

473

Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel..........................................................................................................$ Motor Vehicle Purchaaea...........................................................................^ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications..................................................................................^ Per Diem, Fees and Cootracta..................................................................^ Payments to State Treasury.....................................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$

9,248,337 449,937 129,666 0 65,520 303,057
1,173,481 186,121 138,301 0
11,694,420 11,504,420

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) ..............................................................$
$

416,828,466 35,000,000 451,828,466

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

State General Funds (New) ....................................................................$ Motor Fuel Tax Funds (New)..................................................................$
$

72,398,282 0
72,398,282

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 Su preme 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 distribut ing 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 contribu tions 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 au thorized 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 Su perior 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 cre ated by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Ju-

474

JOURNAL OF THE SENATE

dicial 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 Assem bly 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 selfinsurance 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 commis sioner 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, mu nicipalities, 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 emer gency-type water and sewer projects.

Provided, that from the appropriation made above for "Local Assistance Grants", spe cific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Atlanta

Operation of the School of Library and Information Services Graduate Program Clark Atlanta University

$

75,000

City of Warner Robins

Operation of the Aviation Museum

$

90,000

Wilkes County

Wilkes County Airport Development

$

86,250

Lowndes County

Improvements to historic Lowndes County courthouse

$

50,000

Toombs County

Purchase an automated electronic sign for Southeastern Vocational Tech

$

40,000

Crawford County Board of Education

Major repair improvements to Crawford County High School

$

375,000

WEDNESDAY, FEBRUARY 24, 1999

475

Habersham County

Purchase of a bookmobile for the Northeast Regional Public Library

$

100,000

City of Homerville

Purchase of land

$

38,000

Cobb County

Land purchase and restoration of the Mable House Estate

$ 5,000,000

Long County

For county administration expenses

$

160,000

City of Warner Robins

Construction of an educational facility at the Georgia Aviation Hall of Fame

$ 500)000

Section 41.

Provisions Relative to Section 10, State Board of Education Department of Education.

The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,960.77. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsi ble for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.

Section 42. Provisions Relative to Section 11, Employees' Retirement System.

Funds are provided in this appropriation act for H.B. 661, H.B. 944, H.B. 1096, H.B. 1103 and S.B. 326.

Section 43. Provisions Relative to Section 15, Department of Human Resources.

The Department of Human Resources is authorized to calculate all Temporary Assis tance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 235

2

356

3

424

4

500

5

573

$ 155 235 280 330 378

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JOURNAL OF THE SENATE

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts sub-object class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nurs ing, 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 Retar dation 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 allo cation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans.

Section 44. Provisions Relative to Section 21, Department of Medical Assistance.

There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pur suant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

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

Adjust nursing home reimbursement rates effective October 1, 1998 using the June 30, 1996 cost reports plus the appropriate DRI index in accordance with the existing reim bursement methodology.

It is the intent of the General Assembly that the Department of Medical Assistance de velop an acuity based payment system for nursing homes.

Provided, that dispensing fees for pharmacy provider's shall be increased five percent ef fective July 1, 1998.

Section 45. Provisions Relative to Section 22, Merit System of Personnel Administration.

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

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SPY 1999 shall not exceed 12.5%.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 1999 shall not exceed 8.66%.

Section 46. Provisions Relative to Section 23, Department of Natural Resources.

Provided, that to the extent State Parks and Historic Sites receipts are realized in ex cess 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

WEDNESDAY, FEBRUARY 24, 1999

477

funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 47. Provisions Relative to Section 24, Department of Public Safety.
To provide funds to establish an effective date of January 1,1999 for the provisions of Georgia Code 35-8-24 mandating basic training for local and county jail officers.
Section 48. Provisions Relative to Section 32, Teachers' Retirement System.
It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.95% for S.F.Y. 1999.
Funds are provided in this appropriation act for H.B. 203, H.B. 943, H.B. 1081 and H.B.1096S.
Section 49. Provisions Relative to Section 33, Department of Technical and Adult Education.
To provide authorization for the conversion of Atlanta Area Technical Institute and Sa vannah Regional Technical Institute to State operated institutions.
Section 50. Provisions Relative to Section 34, Department of Transportation.
For this and all future general appropriations acts, it is the intent of this General As sembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Of fice of Planning and Budget is hereby authorized and directed to give advanced budget ary authorization for letting and execution of Interstate Highway Contracts not to ex ceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior ap proval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropria tion 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 Mo tor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and up grade the quality of air transportation equipment.

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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 be tween budget functions provided that the Department's total position count shall not ex ceed 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 obliga tion debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 51.
In addition to all other appropriations for the State fiscal year ending June 30, 1999, there is hereby appropriated $3,600,000 for the purpose of providing funds for the opera tion of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,641,072 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retar dation 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 depart mental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 52.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operat ing budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the mem bers 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 Chap ter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appro priated in this Act without entering into a contractual arrangement shall likewise, as a

WEDNESDAY, FEBRUARY 24, 1999

479

condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 53.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expendi tures as contemplated in this Appropriations Act.
Section 54.
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 55.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 56.
In accordance with the requirements of Article K, Section VI, Paragraph la of the Con stitution 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 pay ments required to be made in each year, under existing lease contracts between any de partment, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such defi ciency in full and the lease payment constitutes a first charge on all such appropriations.
Section 57.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommenda tions 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 initiat ing 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, com mission, institution or other agency of this State are in violation of this Section or in vi olation of any amendments properly approved by the Director of the Budget.

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(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 admin istration of the annual operating budget.

Section 58.

Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Clas ses 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 classifica tion 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 59.

There is hereby appropriated a specific sum of Federal grant funds, said specific sum be ing 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 sup planting 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 60.

Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund.

With regard to the appropriations in Section 37 to the "State of Georgia General Obliga tion Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agen cies and user authorities, purposes, maximum principal amounts and particular appro priations of highest annual debt service requirements of the new debt are specified as follows:

Principal Amount

Debt Service

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

Department of Education regular entitlements, regular advanced funding and incentive advance funding

$57,675,000

$4,960,050

Construct a School of Architecture at

WEDNESDAY, FEBRUARY 24, 1999

481

Southern Polytechnic State University
Instructional complex at Gordon College
Environmental sciences and technology building at Georgia Tech
Health and natural science building at North Georgia College and State University
Student learning center at the University of Georgia (UGA)
Gwinnett Campus phase I construction at UGA/Georgia Perimeter College
Renovate and expand UGA's food science building
Construct a food processing technology building at Georgia Tech
Renovate lab space for the Georgia Tech School of Textile and Fiber Engineering
Digital conversion of the public television stations at Stone Mountain
Critical repair projects at various technical institutions
Major renovation projects at DeKalb Tech, Pickens Tech and Columbus Tech
Construct the Flint River Center in Albany
Construct the phase IV expansion of the World Congress Center and purchase adjacent property
Provide low interest loans to local governments for water, sewer and wastewater treatment projects
Removal and remediation of State-owned underground and above

11,666,000 14,120,000 32,120,000

1,003,276 1,214,320 2,762,320

17,470,000 38,415,000 19,755,000 4,200,000
4,110,000

1,502,420 3,303,690 1,698,930
361,200 353,460

750,000 1,800,000 6,615,000 3,970,000 13,950,000

64,500 154,800 568,890 341,420 1,199,700

220,000,000

18,920,000

10,000,000

860,000

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ground storage tanks
Governor's Road Improvement Program
Construction of dental and educational space and facilities at RYDCs
Construct an additional 100 RYDC beds through expansions at Albany RYDC (30 beds); Columbus RYDC (30 beds); Thomasville RYDC (20 beds); and Macon RYDC (20 beds)
Juvenile Justice projects: dining facility at Augusta YDC ($3,550,000); addition to the detention building at Augusta YDC ($1,240,000); police office/detention unit at Lorenzo Benn YDC ($970,000); detention unit expansion at Macon YDC ($800,000)
Major repairs and renovations at various RYDCs
Department of Human Resources projects: safety and regulatory requirements ($4,910,000); major construction projects and design funds ($210,000); HVAC system replacement and renovation ($2,705,000); electrical replacement and renovation ($1,630,000); roof replacement ($735,000); miscellaneous projects ($255,000)
Construct a laboratory annex and morgue in Atlanta for GBI
Construct a replacement laboratory and add a morgue in downtown Augusta for GBI
Roofing projects at various Department of Corrections' facilities
Americans with Disabilities Act modifications

1,000,000 137,000,000

86,000 11,782,000

2,510,000

215,860

10,000,000

860,000

6,560,000 2,750,000

564,160 236,500

10,445,000 17,020,000

898,270 1,463,720

4,015,000 5,000,000 6,000,000

345,290 430,000 516,000

WEDNESDAY, FEBRUARY 24, 1999

483

Savannah harbor spoilage area projects
Construction for lower wealth school systems
Four cabins at James H. Floyd State Park
Group camp, picnic shelter and rest station at George L. Smith State Park
Nine hole golf addition at Victoria Bryant State Park
Laurens County Public Fishing Area
Bleckley County Public Fishing Area
Land purchase at FDR State Park
Aquatic grass harvester at Reed Bingham State Park
Repairs and maintenance of facilities to ex pand interpretive area at Jeff Davis Historic Site
Purchase land to expand golf course at Gordonia-Altamaha State Park for 9 to 18 holes
Phase II marina expansion at George Bagby State Park
Silver Comet Trail
Classroom addition and activity center at East Georgia College
Expansion of Coastal Georgia Center
Plan and design a parking deck at Kennesaw State University
Plan and design a dormitory at Savannah State University
Adult learning centers in Randolph and Liberty Counties

20,050,000 11,700,000
350,000 300,000 2,150,000 1,400,000 185,000 135,000 100,000

1,724,300 1,006,200
30,100 25,800 184,900 120,400 15,910 11,610
8,600

100,000

8,600

330,000 150,000 400,000 4,250,000 2,340,000 600,000 609,000 1,000,000

28,380 12,900 34,400 365,500 201,240 51,600 52,374 86,000

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Carnegie Library in Savannah
Glynn County Library
Planning funds and purchase of land for a new campus for Carroll Technical Institute
Construction of a learning center at Clayton College and State University
Renovation of Coosa Valley Tech facilities
Electrical underground distribution system at Gainesville College
Construction at Coosa Valley Tech Polk satellite campus
B.) Maturities not to exceed sixty months.
Purchase vocational equipment for the State Board of Education
Purchase equipment for the Governor's Traditional Industries program
Increased cost of the design and feasibility study for the Savannah harbor deepening project
Conduct a feasibility study for light rail in the Marietta-Lawrenceville corridor
Security related modifications at various prisons
Repairs and renovations at the Atlanta Farmers' Market
Fire sprinkler system for parking facilities in the Archives Building
Rail line acquisition in preparation for com muter and intercity rail in downtown Atlanta

600,000 1,000,000

51,600 86,000

23,780,000 21,151,000 2,465,000
1,315,000 2,200,000

2,045,080 1,818,986
211,990 113,090 189,200

4,000,000 2,285,000

936,000 534,690

10,800,000

2,527,200

1,945,000 5,425,000 1,000,000 1,575,000

455,130 1,269,450
234,000 368,550

1,200,000

280,800

WEDNESDAY, FEBRUARY 24, 1999

485

Planning of construction project at Atlanta Tech

271,000

63,414

Planning of construction project at Macon Tech

360,000

84,240

Planning of construction project at Moultrie Tech

612,000

143,208

Planning of construction project at Tift Area Satellite

212,000

49,608

Planning for DeKalb Tech

6,000

1,404

Planning for Griffin Tech

377,000

88,218

Planning for Albany Tech

286,000

66,924

Planning for Athens Tech

290,000

67,860

Planning for Augusta Tech

325,000

76,050

Section 61. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1999

$13,064,694,760

Section 62.

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

Section 63.

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

Section 2.

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

Section 3.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler EX Cable Y Cagle Y Cheeks

Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl Y Harbison Y Hecht Y Hill

Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E EX Kemp Y Ladd Y Lamutt N Land Y Lee

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Y Madden Y Marable Y Meyer von Bremen EX Perdue Y Polak Y Price,R Y Price.T Y Ragan

Y Ray Y Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat

Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On adoption of the substitute, the yeas were 50, nays 3, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler EX Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E EX Kemp N Ladd
Y Lamutt
N Land Y Lee Y Madden Y Marable Y Meyer von Bremen EX Perdue Y Polak

Y Price,R N Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 47, nays 6. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Hooks of the 14th moved that HB 143 be immediately transmitted to the House. On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 143 was immedi ately transmitted.
Senator Stokes of the 43rd introduced the doctor of the day, Dr. John Harper of Decatur, Georgia.
The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the House: HR 374. By Representatives Murphy of the 18th, Walker of the 141st,

WEDNESDAY, FEBRUARY 24, 1999

487

Coleman of the 142nd and Skipper of the 137th:
A resolution relative to adjournment.
The following resolution was read and put upon its adoption:
HR 374. By Representatives Murphy of the 18th, Walker of the 141st, Coleman of the 142nd and Skipper of the 137th: A resolution relative to adjournment.
A RESOLUTION Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General As sembly shall adjourn at 5:00 P.M. on Wednesday, February 24, 1999, and shall reconvene on Monday, March 1, 1999. BE IT FURTHER RESOLVED that for the duration of the remainder of the 1999 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House. Senator Ladd of the 41st offered the following amendment: Amend HR 374 by changing the date "Wednesday, February 24, 1999" on lines 3 & 4 to "Thursday, February 25, 1999" Senator Ladd of the 41st asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn. On the adoption of the resolution, the yeas were 42, nays 0, and the resolution was adopted. The Calendar was resumed.
The following general bill, having been read the third time and final action suspended on February 23, 1999, pursuant to Senate Rule 143, and placed on the Senate Rules Cal endar for today, was continued upon its passage:
SB 123. By Senators Fort of the 39th, Egan of the 40th, Hill of the 4th and others: A bill to amend Article 2 of Chapter 6 of Title 40 of the Official Code of Geor gia Annotated, relating to traffic signs, signals, and markings, so as to author ize the Department of Public Safety or the governing authority of any political subdivision of this state to establish a system of traffic-control signal monitor ing devices so as to provide procedures for the recording of violations of trafficcontrol signals.
The substitute offered by Senator Fort of the 39th on February 23, as it appears in the Journal of February 23, was automatically reconsidered.
Senator Price of the 56th offered the following amendment:
Amend the LC 25 1329S substitute to SB 123 by striking "or" on line 29 of page 4.

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JOURNAL OF THE SENATE

By striking line 34 of page 4 and inserting in lieu thereof the following: "of the alleged violation; or (iii) Submits to the court prior to the return date established on the citation a sworn notarized statement that he or she was not the operator of the vehicle at the time of the alleged violation.".
Senator Price of the 56th offered the following amendment: Amend the LC 25 1329S substitute to SB 123 by striking "first class" on line 24 of page 3 and inserting in lieu thereof "certified". Senator Fort of the 39th moved that SB 123 be placed on the Table. On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 123 was placed on the Table.
The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following bill of the House:
HB 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1998-1999.
The following bill was taken up to consider House action thereto:
HB 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1998-1999.
Senator Hooks of the 14th moved that the Senate insist on its substitute to HB 143. On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 143. The Calendar was resumed.
HB 278. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st: A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Anno tated, relating to open and public meetings, so as to change the definition of the term "meeting"; to require that an agency holding a meeting shall make available an agenda of all matters expected to come before the agency at such meeting.
Senate Sponsor: Senator Thompson of the 33rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 24, 1999

489

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler EX Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E EX Kemp
Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen EX Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 279. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Geor gia Annotated, relating to inspection of public records, so as to provide for con ditions of disclosure of records received or maintained by private persons or private entities performing services for public entities; to change provisions re lating to the time and manner in which custodians of records must respond to requests for inspection.
Senate Sponsor: Senator Thompson of the 33rd.

The Senate Judiciary Committee offered the following substitute to HB 279:
A BILL
To be entitled an Act to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide for condi tions of disclosure of records received or maintained by private persons or private enti ties performing services for public entities; to change provisions relating to the time and manner in which custodians of records must respond to requests for inspection; to re quire provision of access to computer records by electronic means under certain condi tions; to provide what fees may be charged for electronic access to records; to provide that where inspection is refused the custodian must make a binding explanation of the reasons for denial; to define a criminal offense of knowing and willful failure or refusal to provide access to records and provide for punishment therefor; 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.

490

JOURNAL OF THE SENATE

Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended in Code Section 50-18-70, relating to inspection of public records in general, by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) As used in this article, the term 'public record' shall mean all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, or similar material prepared and maintained or received in the course of the operation of a public office or agency. 'Public record' shall also mean such items received or main tained by a private person or entity on behalf of a public office or agency which are not otherwise subject to protection from disclosure; provided, however, this Code sec tion shall be construed to disallow an agency's placing or causing such items to be placed in the hands of a private person or entity for the purpose of avoiding disclo sure. Records received or maintained by a private person, firm, corporation, or other private entity in the performance of a service or function for or on behalf of an agency, a public agency, or a public office shall be subject to disclosure to the same extent that such records would be subject to disclosure if received or maintained by such agency, public agency, or public office. As used in this article, the term 'agency' or 'public agency" or 'public office' shall have the same meaning and application as provided for in the definition of the term 'agency" in paragraph (1) of subsection (a) of Code Section 50-14-1 and shall additionally include any association, corporation, or other similar or ganization which: (1) has a membership or ownership body composed primarily of counties, municipal corporations, or school districts of this state or their officers or any combination thereof; and (2) derives a substantial portion of its general operating budget from payments from such political subdivisions."
SECTION 2.
Said article is further amended in said Code Section 50-18-70 by striking subsection (f) and inserting in its place new subsections (f) and (g) to read as follows:
"(f) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are sub ject to access under this article and to permit inspection and copying. In no event shall this time exceed three business days. Where responsive records exist but are not available within three business days of the request, a written description of such records, together with a timetable for their inspection and copying, shall be provided within that period; provided, however, that records not subject to inspection under this article need not be made available for inspection and copying or described other than as required by subsection (h) of Code Section 50-18-72, and no records need be made available for inspection or copying if the public officer or agency in control of such records shall have obtained, within that period of three business days, an order based on an exception in this article of a superior court of this state staying or refusing the requested access to such records.
(g) At the request of the person, firm, corporation, or other entity requesting such records, records maintained by computer shall be made available where practicable by electronic means, including Internet access, subject to reasonable security restrictions preventing access to nonrequested or nonavailable records."
SECTION 3.
Said article is further amended by striking Code Section 50-18-71.2, relating to notice of estimated copying costs, and inserting in its place a new Code section to read as follows:
"50-18-71.2.

WEDNESDAY, FEBRUARY 24, 1999

491

Any agency receiving a request for public records shall be required to notify the party making the request of the estimated cost of the copying, search, retrieval, and other administrative fees authorized by Code Section 50-18-71 as a condition of compliance with the provisions of this article prior to fulfilling the request as a condition for the assessment of any fee; provided, however, that no new fees other than those directly attributable to providing access shall be assessed where records are made available by electronic means."
SECTION 4.
Said article is further amended in Code Section 50-18-72, relating to exemptions from and construction of the public records law, by adding a new subsection (h) to read as follows:
"(h) Within the three business days applicable to response to a request for access to records under this article, the public officer or agency having control of such record or records, if access to such record or records is denied in whole or in part, shall specify in writing the specific legal authority exempting such record or records from disclo sure, by Code section, subsection, and paragraph. No addition to or amendment of such designation shall be permitted thereafter or in any proceeding to enforce the terms of this article; provided, however, that such designation may be amended or supplemented one time within five days of discovery of an error in such designation or within five days of the institution of an action to enforce this chapter, whichever is sooner. In the event that such designation includes provisions not relevant to the sub ject matter of the request, costs and reasonable attorney's fees may be awarded pursu ant to Code Section 50-18-73."
SECTION 5.
Said article is further amended by striking "Reserved." from Code Section 50-18-74 and enacting a new Code Section 50-18-74 to read as follows:
"50-18-74.
(a) Any person knowingly and willfully violating the provisions of this article by fail ing or refusing to provide access to records not subject to exemption from this article or by failing or refusing to provide access to such records within the time limits set forth in this article shall be guilty of a misdemeanor and upon conviction shall be pun ished by a fine not to exceed $100.00.
(b) A prosecution under this Code section may only be commenced by issuance of a ci tation in the same manner as an arrest warrant for a peace officer pursuant to Code Section 17-4-40, which citation shall be personally served upon the accused. The defendant shall not be arrested prior to the time of trial, except that a defendant who fails to appear for arraignment or trial may thereafter be arrested pursuant to a bench warrant and required to post a bond for his or her future appearance."
SECTION 6.
This Act shall become effective July 1, 1999.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.
Senators Ray of the 48th, Thompson of the 33rd, Tanksley of the 32nd and Stokes of the 43rd offered the following amendment:

492

JOURNAL OF THE SENATE

Amend the committee substitute to HB 279 by adding on line 1 of page 4 between the word "sooner" and the period the following:
"; provided, further, that the right to amend or supplement based upon discovery of an error may be exercised on only one occasion".
On the adoption of the amendment, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler EX Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E EX Kemp Y Ladd
Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen EX Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the amendment, the yeas were 53, nays 0, and the Ray, et al. amend ment to the committee substitute was adopted.

Senators Crotts of the 17th, Thompson of the 33rd and Tanksley of the 32nd offered the following amendment:
Amend the committee substitute to HB 279 by striking "so as" and inserting "so as to change certain exceptions to such inspections;" on line 3 of page 1.
By adding between lines 25 and 26 of page 3 the following:
"Said article is further amended by adding between paragraphs (11) and (12) of subsec tion (a) of Code Section 50-18-72, relating to exceptions to disclosure of public records, a new paragraph to read as follows:
'(11.1) Personnel files containing personal data profiling an individual and contain ing such information as date or place of birth, names of parents, address or tele phone number, social security number, or insurance or medical information;'.
SECTION 4.1."
On the adoption of the amendment, the yeas were 42, nays 0, and the Crotts, et al. amendment to the committee substitute was adopted.
On the adoption of the committee substitute, the yeas were 42, nays 0, and the substi tute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

WEDNESDAY, FEBRUARY 24, 1999

493

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler EX Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E EX Kemp Y Ladd
Y Lamutt Y Land Y Lee
Y Madden Y Marable Y Meyer von Bremen EX Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y TJ.dnLtto7 Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority was passed by substitute.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute and has ap pointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:
HB 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1998-1999.
The Speaker has appointed on the part of the House, Representatives Walker of the 141st, Buck of the 135th and Coleman of the 142nd.
The following bill was taken up to consider House action thereto:
HB 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1998-1999.
Senator Hooks of the 14th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.

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JOURNAL OF THE SENATE

On the motion, the yeas were 40, nays 0; the motion prevailed, and the President ap pointed as a Conference Committee the following Senators: Hooks of the 14th, Walker of the 22nd and Starr of the 44th.
At 12:53 p.m., Senator Walker of the 22nd moved that the Senate stand in recess until 5:00 p.m. and at that time, pursuant to HR 374, adjourn until 10:00 a.m. Monday, March 1, 1999; the motion prevailed.
At 5:00 p.m., the Senate adjourned.

MONDAY, MARCH 1, 1999

495

Senate Chamber, Atlanta, Georgia Monday, March 1, 1999
Twenty-seventh Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of Wednesday, February 24, 1999 proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House:
HB 700. By Representatives Buck of the 135th, Davis of the 132nd, Smyre of the 136th and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to provide for the compensation of the solicitor-general and chief assistant so licitor-general of said court.
HB 704. By Representative Channell of the lllth: A bill to amend an Act creating the Greene County Family Connection Com mission, so as to add a member.
HB 709. By Representative Channell of the lllth: A bill to amend an Act creating a new charter for the City of Union Point, so as to change the corporate limits of said city.
HB 710. By Representative Channell of the lllth: A bill to amend an Act providing for a new charter for the Town of Siloam, so as to provide for concurrent terms for the mayor and council members.
HB 721. By Representative Reece of the llth: A bill to provide a $40,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the City of Trion Independent School Dis trict for residents of that district who are 70 years of age or older and whose gross annual household income does not exceed $20,000.00.
HB 723. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to provide for the unification of the existing governments of the City of Waycross and Ware County; to provide for the creation of the unified govern ment of Waycross-Ware County.
HB 724. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to repeal an Act creating a board of commissioners for Ware County; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances.

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JOURNAL OF THE SENATE

HB 725. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to repeal an Act providing for a new charter for the City of Waycross; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances.
HB 726. By Representative Purcell of the 147th:
A bill to amend an Act entitled "An Act creating the State Court of Effingham County," so as to change the salaries of the judge and solicitor-general of said court.
HB 298. By Representatives Wiles of the 34th, Crawford of the 129th, Martin of the 47th and others:
A bill to amend Chapter 3 of Title 35 of the Official Code of Georgia Anno tated, relating to the Georgia Bureau of Investigation so as to ratify the Na tional Crime Prevention and Privacy Compact established by Section 217 of the Subtitle A of Title LL of federal Public Law 92-544; to define certain terms to provide duties for the director of the Georgia Crime Information Center.
HB 297. By Representatives Parrish of the 144th, Stallings of the 100th, James of the 140th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change the term of the commissioner; to change provisions relating to emergency closings; to change name restric tions; to change provisions relating to leasing and lending restrictions; to allow dealings in certain securities by banks; to change provisions relating to pro moters' fees.
HB 470. By Representatives Sims of the 167th, Byrd of the 170th, Mosley of the 171st and others:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions related to revenue and taxation, so as to impose a tax upon certain individuals' profits derived from accounts, descrip tions, publishing a book or article, making a public appearance, or participat ing in any commercial activity concerning certain crimes committed within the State of Georgia.
HB 406. By Representatives Skipper of the 137th, Shanahan of the 10th, Royal of the 164th and others:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, so as to provide for resident com missioners of city, county, and regional housing authorities in compliance with federal law.
HB 421. By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicles and traffic, so as to change the definition of "person".
HB 423. By Representatives Ragas of the 64th and Martin of the 47th:

MONDAY, MARCH 1, 1999

497

A bill to amend Chapter 13 of Title 40 of the Official Code of Georgia Anno tated, relating to the prosecution of traffic offenses, so as to provide proce dures for the filing of uniform traffic citations; to provide definitions; to pro vide for jurisdiction and powers of county recorders' courts.
HB 578. By Representatives Porter of the 143rd and Hanner of the 159th:
A bill to amend Code Section 12-8-40.1 of the Official Code of Georgia Anno tated, relating to tire disposal restrictions, so as to extend the time that a $1.00 tax on new tires shall be collected.
HB 561. By Representative Byrd of the 170th:
A bill to amend Article 1 of Chapter 7 of Title 34 of the Official Code of Geor gia Annotated, relating to master and servant generally, so as to provide a definition; to provide for professional employer organizations and their rela tionships with coemployers and employees.
HB 399. By Representatives Sauder of the 29th, Walker of the 141st, Irvin of the 45th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to powers of counties and municipal corporations generally, so as to authorize each county and municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its wastewater treatment system, water system, or sewer system, or any combination of such systems.
HB 522. By Representatives Buck of the 135th and Royal of the 164th:
A bill to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Geor gia Annotated, the "Georgia Fiscal Note Act," so as to change provisions relat ing to requests for and preparation of fiscal notes.
The House has passed, by substitute, by the requisite constitutional majority the follow ing bill of the Senate:
SB 167. By Senators Walker of the 22nd and Cheeks of the 23rd:
A bill to amend an Act providing for the consolidated government of Augusta, Georgia, as amended, so as to change the provisions relating to the filling of vacancies in the office of the mayor or in the membership of the commission; to repeal certain provisions relating to affirmative action and equal opportunities.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 167. By Representatives McKinney of the 51st, Brooks of the 54th, Ashe of the 46th and others:
A resolution to create the Metropolitan Atlanta Rapid Transit Overview Committee.
HR 375. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and others:

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A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the United States Secretary of Agriculture.
The Speaker appointed as a Committee of Escort on the part of the House the following members:
Representatives Shanahan of the 10th, Poag of the 6th, Hegstrom of the 56th, Skipper of the 137th, Royal of the 164th, Hanner of the 159th and Morris of the 155th.
The following bills were introduced, read the first time and referred to committees:
SB 227. By Senators Gingrey of the 37th and Tanksley of the 32nd:
A bill to amend Code Section 21-2-382 of the Official Code of Georgia Anno tated, relating to additional sites as additional registrar's office or place of re gistration for absentee ballots, so as to provide that the board of registrars may establish other government buildings generally accessible to the public as additional registrar's offices or places of registration for the purpose of receiv ing absentee ballots and for the purpose of voting absentee ballots.
Referred to Committee on State and Local Governmental Operations (General).
SB 228. By Senators Hecht of the 34th, Thompson of the 33rd, Lee of the 29th and others:
A bill to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to change the provisions relating to the granting of new trials; to provide that under certain conditions judges shall make written findings of fact and conclusions of law with respect to motions for new trial in criminal cases.
Referred to Committee on Judiciary.
SB 229. By Senators James of the 35th and Fort of the 39th:
A bill to amend Chapter 2 of Title 12 of the Official Code of Georgia Anno tated, relating to the Department of Natural Resources, so as to authorize lo cal governments to adopt and enforce watershed protection plans applicable to certain streams and reservoirs which are used for the public water supply to such local governments; to provide for an effective date.
Referred to Committee on Natural Resources.
SB 230. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and Polak of the 42nd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Year 2000 Readiness Act"; to provide a short title; to define terms; to authorize certain state regulatory agencies to in vestigate certain entities under their regulatory jurisdiction with respect to the adequacy, security, and accomodation afforded by their services; to author ize investigation and require certain reports and information.
Referred to Committee on Defense, Science and Technology.
SB 231. By Senators Lee of the 29th and Bowen of the 13th:

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A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Anno tated, relating to the use of radar speed detection devices, so as to recognize the reliability of laser speed detection devices; to provide for admissibility of results; to provide for self-authentication; to provide an effective date.
Referred to Committee on Public Safety.
SB 232. By Senator Lee of the 29th:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Geor gia Annotated, relating to issuance, expiration, and renewal of drivers' li censes, so as to change certain provisions relating to expiration and renewal of licenses and reexamination requirements; to provide for administration, re porting, and validity of tests of eyesight; to provide for means of renewal of drivers' licenses.
Referred to Committee on Public Safety.
SB 233. By Senator Golden of the 8th:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to ad valorem tax exemptions, so as to change the provisions of the ad valorem tax exemption with respect to property of historical fraternal benefit associations; to provide for additional exempt properties; to provide for conditions and limitations; to provide for applicability.
Referred to Committee on Finance and Public Utilities.
SB 234. By Senators Cheeks of the 23rd and Harbison of the 15th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, relating to motor vehicle accident reparations, so as to require the use of new and original manufacturer equipment in repairing motor vehicles as part of an insurance claim during the manufacturer's original factory war ranty period; to require certain disclosures; to provide for applicability.
Referred to Committee on Insurance and Labor.
SB 235. By Senators Hill of the 4th, Thomas of the 10th, Jackson of the 50th and others:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, relating to elections and primaries generally, so as to provide for early voting and to make conforming changes; to provide for powers and duties of boards of elections, boards of elections and registration, and municipalities re garding early voting; to provide for opening of the main office of the board of registrars or early ballot clerk.
Referred to Committee on State and Local Governmental Operations (General).
SB 236. By Senators Streat of the 19th, Price of the 28th, Cheeks of the 23rd and others:
A bill to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Geor gia Annotated, relating to the uniform rules of the road regarding accidents, so as to change certain provisions relating to the duty to remove a vehicle from the roadway of an expressway or multilane highway; to provide an effec tive date.
Referred to Committee on Transportation.

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SB 237. By Senator Jackson of the 50th:
A bill to amend an Act providing for the election of the members of the Board of Education of Union County so as to provide for the compensation of said board members; to provide an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 238. By Senator Dean of the 31st:
A bill to provide for the payment of salary supplements from county funds of the counties of the Tallapoosa Judicial Circuit to the judges of the superior court and district attorney of the Tallapoosa Judicial Circuit; to provide for the time, amount, and manner of payments from each county; to repeal a specific former Act; to provide for related matters; to provide for an effective date.
Referred to Committee on Judiciary.
SB 239. By Senators Thomas of the 54th, Starr of the 44th, Thomas of the 10th and others:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Anno tated, the "Georgia Pharmacy Practice Act," so as to provide that pharmacies located outside of this state which ship prescription products into this state shall comply with all provisions of such chapter; to provide that the State Board of Medical Examiners and the State Board of Pharmacy shall jointly compile a list of narrow therapeutic index drugs.
Referred to Committee on Health and Human Services.
SB 240. By Senators Johnson of the 1st, Cheeks of the 23rd and Dean of the 31st:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to enact the "Local Government Cable Fair Competi tion Act of 1999"; to provide for a short title; to define certain terms; to re quire public providers of cable service to conduct certain cost benefit analyses and hold a public hearing prior to authorizing the delivery of cable service.
Referred to Committee on Consumer Affairs.
SB 241. By Senators Walker of the 22nd, Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and Thomas of the 10th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create a new Department of Community Health and transfer to that department certain functions and duties previously performed by the Department of Medical Assistance, Health Planning Agency, and State Person nel Board; to provide for legislative intent and definitions; to create a Board of Community Health and provide for the appointment, qualification, terms, or ganization, removal, and compensation and expenses of its members; to specif ically repeal Chapter 37 of Title 31 of the Official Code of Georgia Annotated, relating to health care personnel, and Article 6 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, "The Medical Assistance for the Aged Act".
Referred to Committee on Health and Human Services.
SB 242. By Senators Thompson of the 33rd, Tanksley of the 32nd and Stokes of the 43rd:

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A bill to amend Code Section 35-2-1 of the Official Code of Georgia Annotated, relating to the creation and composition of the Board of Public Safety, so as to change the composition of such board; to provide for the appointment and terms of office of new members of such board; to make editorial revisions; to provide an effective date.
Referred to Committee on Public Safety.
SR 204. By Senators Hecht of the 34th, Broun of the 46th, Gillis of the 20th and Starr of the 44th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide a program of compensation for law enforce ment officers who become physically disabled as a result of physical injury in curred in the line of duty and caused by a willful act of violence, which pro gram shall authorize the officer to receive his or her regular compensation for the period of time that the officer is unable to perform the duties of his or her employment, not exceeding 12 months; to provide certain exceptions and limi tations with respect to such program of compensation; to provide for the sub mission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.
SR 205. By Senators Johnson of the 1st, Balfour of the 9th and Price of the 56th:
A resolution urging Congress to intervene in the plan of the U. S. Census Bu reau to use statistical sampling in the decennial census.
Referred to Committee on Interstate Cooperation.
SR 206. By Senator Thomas of the 10th:
A resolution requesting the Division of Public Health to conduct a study on the effects of obesity in both adults and children on health complications such as diabetes, hypertension, heart disease, and strokes.
Referred to Committee on Health and Human Services.
SR 207. By Senator Thomas of the 10th:
A resolution declaring the month of June, 1999, as Obesity Awareness Month.
Referred to Committee on Health and Human Services.
SR 211. By Senator Kemp of the 3rd:
A resolution creating the Senate Study Committee on Coastal Surface Water and the Coastal Surface Water Technical Advisory Committee.
Referred to Committee on Natural Resources.
The following bills were read the first time and referred to committees:
HB 297. By Representatives Parrish of the 144th, Stallings of the 100th, James of the 140th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change the term of the commissioner; to change provisions relating to emergency closings; to change name restric-

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tions; to change provisions relating to leasing and lending restrictions; to allow dealings in certain securities by banks; to change provisions relating to pro moters' fees.
Referred to Committee on Banking and Financial Institutions.
HB 298. By Representatives Wiles of the 34th, Crawford of the 129th, Martin of the 47th and others:
A bill to amend Chapter 3 of Title 35 of the Official Code of Georgia Anno tated, relating to the Georgia Bureau of Investigation so as to ratify the Na tional Crime Prevention and Privacy Compact established by Section 217 of the Subtitle A of Title LL of federal Public Law 92-544; to define certain terms to provide duties for the director of the Georgia Crime Information Center.
Referred to Committee on Judiciary.
HB 399. By Representatives Sauder of the 29th, Walker of the 141st, Irvin of the 45th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to powers of counties and municipal corporations generally, so as to authorize each county and municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its wastewater treatment system, water system, or sewer system, or any combination of such systems.
Referred to Committee on Natural Resources.
HB 406. By Representatives Skipper of the 137th, Shanahan of the 10th, Royal of the 164th and others:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, so as to provide for resident com missioners of city, county, and regional housing authorities in compliance with federal law.
Referred to Committee on State and Local Governmental Operations (General).
HB 421. By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicles and traffic, so as to change the definition of "person".
Referred to Committee on Judiciary.
HB 423. By Representatives Ragas of the 64th and Martin of the 47th:
A bill to amend Chapter 13 of Title 40 of the Official Code of Georgia Anno tated, relating to the prosecution of traffic offenses, so as to provide proce dures for the filing of uniform traffic citations; to provide definitions; to pro vide for jurisdiction and powers of county recorders' courts.
Referred to Committee on Public Safety.
HB 470. By Representatives Sims of the 167th, Byrd of the 170th, Mosley of the 171st and others:

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A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions related to revenue and taxation, so as to impose a tax upon certain individuals' profits derived from accounts, descrip tions, publishing a book or article, making a public appearance, or participat ing in any commercial activity concerning certain crimes committed within the State of Georgia.
Referred to Committee on Consumer Affairs.
HB 522. By Representatives Buck of the 135th and Royal of the 164th: A bill to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Geor gia Annotated, the "Georgia Fiscal Note Act," so as to change provisions relat ing to requests for and preparation of fiscal notes.
Referred to Committee on Finance and Public Utilities.
HB 561. By Representative Byrd of the 170th: A bill to amend Article 1 of Chapter 7 of Title 34 of the Official Code of Geor gia Annotated, relating to master and servant generally, so as to provide a definition; to provide for professional employer organizations and their rela tionships with coemployers and employees.
Referred to Committee on Judiciary.
HB 578. By Representatives Porter of the 143rd and Banner of the 159th: A bill to amend Code Section 12-8-40.1 of the Official Code of Georgia Anno tated, relating to tire disposal restrictions, so as to extend the time that a $1.00 tax on new tires shall be collected.
Referred to Committee on Natural Resources.
HB 700. By Representatives Buck of the 135th, Davis of the 132nd, Smyre of the 136th and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to provide for the compensation of the solicitor-general and chief assistant so licitor-general of said court.
Referred to Committee on State and Local Governmental Operations.
HB 704. By Representative Channell of the lllth: A bill to amend an Act creating the Greene County Family Connection Com mission, so as to add a member.
Referred to Committee on State and Local Governmental Operations.
HB 709. By Representative Channell of the lllth: A bill to amend an Act creating a new charter for the City of Union Point, so as to change the corporate limits of said city.
Referred to Committee on State and Local Governmental Operations.
HB 710. By Representative Channell of the lllth: A bill to amend an Act providing for a new charter for the Town of Siloam, so as to provide for concurrent terms for the mayor and council members.
Referred to Committee on State and Local Governmental Operations.

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HB 721. By Representative Reece of the llth:
A bill to provide a $40,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the City of Trion Independent School Dis trict for residents of that district who are 70 years of age or older and whose gross annual household income does not exceed $20,000.00.
Referred to Committee on State and Local Governmental Operations.

HB 723. By Representative Dixon of the 168th:
A bill to provide for the unification of the existing governments of the City of Waycross and Ware County; to provide for the creation of the unified govern ment of Waycross-Ware County.
Referred to Committee on State and Local Governmental Operations.

HB 724. By Representative Dixon of the 168th:
A bill to repeal an Act creating a board of commissioners for Ware County; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances.
Referred to Committee on State and Local Governmental Operations.

HB 725. By Representative Dixon of the 168th:
A bill to repeal an Act providing for a new charter for the City of Waycross; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances.
Referred to Committee on State and Local Governmental Operations.

HB 726. By Representative Purcell of the 147th:
A bill to amend an Act entitled "An Act creating the State Court of Effingham County," so as to change the salaries of the judge and solicitor-general of said court.
Referred to Committee on State and Local Governmental Operations.

HR 167. By Representatives McKinney of the 51st, Brooks of the 54th, Ashe of the 46th and others:
A resolution to create the Metropolitan Atlanta Rapid Transit Overview Committee.
Referred to Committee on State and Local Governmental Operations (General).

Senator Gillis of the 20th assumed the Chair.

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Banking and Financial Institutions 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 210. Do pass.

HB 388. Do pass.

Respectfully submitted,

Senator Cheeks of the 23rd District, Chairman

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505

Mr. President:
The Committee on Education has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 132. Do pass by substitute.
Respectfully submitted,
Senator Marable of the 52nd District, Chairman

Mr. President:

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

SB 169. Do pass.

HB 222. Do pass as amended.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

Mr. President:

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

SB 141. Do pass.

HB 295. Do pass by substitute.

Respectfully submitted,

Senator Stokes of the 43rd District, Chairman

Mr. President:

The Committee on Higher Education 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 73. Do pass.

HB 211. Do pass.

Respectfully submitted,

Senator Hill of the 4th District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 94. Do pass by substitute.

SB 197. Do pass.

Respectfully submitted,

Senator Madden of the 47th District, Chairman

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

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SB 26. Do pass by substitute. SB 120. Do pass. SB 137. Do pass.

SB 163. Do pass by substitute. SB 176. Do pass by substitute.

Respectfully submitted,

Senator Kemp of the 3rd District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 48. Do pass by substitute. SB 121. Do pass by substitute.

SB 159. Do pass by substitute. SR 175. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

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

SB 204. Do pass by substitute. HB 378. Do pass. HB 430. Do pass. HB 559. Do pass.

HB 647. Do pass. HB 652. Do pass. HB 655. Do pass.

Respectfully submitted,

Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

SB 61 SR 150 HB 439

SB 143 SR 151 HR 162

SB 170 HB 36 HR 209

SB 177 HB 55

SB 178 HB 173

SB 193 HB 330

Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Kemp was excused.

Senator Johnson of the 1st moved that Senator Ladd of the 41st be excused. On the mo tion, the yeas were 35, nays 0; the motion prevailed, and Senator Ladd was excused.
The President resumed the Chair.

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

Blitch Bowen Broun, 46th Brown, 26th Brush Burton Butler Cable

Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey

Golden Guhl Harbison Hecht Hill Hooks Huggins Jackson

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507

James Johnson,D Johnson.E Land Lee Madden Marable Meyer von Bremen Perdue

Price,R Price.T Ragan Ray Roberts Scott Smith Starr Stephens

Those not answering were:

Balfour Kemp (excused)

Ladd (excused) Lamutt

Stokes Streat Tanksley Tate Thomas,D Thomas,N Thompson Walker Williams
Polak

The following communication was received by the Secretary: To the Secretary of the Senate: I am present on March 1st.

Regards, 1st Mike Polak
42nd District
Senator Ragan of the llth introduced Natalie Van Landingham, who led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Lee of the 29th introduced the chaplain of the day, Dr. Stewart Gulley, Presi dent of LaGrange College, LaGrange, Georgia, who offered scripture reading and prayer.
Senator Ragan of the llth introduced Miss Georgia, April Brinson, commended by SR 166, adopted previously.
Senator Golden of the 8th introduced Allison Colson, commended by SR 156, adopted previously.
Senator Smith of the 25th introduced the Morgan County High School Wrestling Team, commended by SR 197, adopted previously.

The following local, uncontested bills of the Senate and House favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Monday, March 1, 1999 TWENTY-SEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the leg islation.)

SB 204

Crotts, 17th CITY OF MCDONOUGH AND HENRY COUNTY

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A bill to amend an Act reincorporating the City of McDonough, as amended, so as to change the corporate boundaries of said city; to pro vide for a special election to be conducted by the election superinten dent of Henry County with the costs thereof paid by the City of Mc Donough; to provide for effective dates and automatic repeal.(SUBSTITUTE)

HB 378

Gillis, 20th CITY OF DUBLIN AND LAURENS COUNTY

A bill to create the Dublin-Laurens County Recreation Authority.

HB 430

Gillis, 20TH CANDLER COUNTY

A bill to amend an Act establishing the State Court of Candler County, so as to change the provisions relating to the compensation of the judge of said court and the compensation of the judge's secretary.

HB 559

Price, 28th CITY OF NEWNAN

A bill to create the Newnan Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in Newnan.

HB 647

Smith, 25th BALDWIN COUNTY

A bill to amend an Act providing for the election of members of the board of education of Baldwin County, so as to change the composition of education districts from which members of the board of education are elected.

HB 652

Walker, 22nd Cheeks, 23rd RICHMOND COUNTY

A bill to amend an Act creating the Board of Tax Assessors for Rich mond County, so as to change provisions relating to the membership of the board.

HB 655 Lee, 29th MERIWETHER COUNTY

A bill to amend an Act reconstituting the Meriwether County Board of Education, so as to provide a per diem allowance for the members of such board.
The substitute to the following bill was put upon its adoption:
*SB 204:
The Senate State and Local Governmental Operations Committee offered the following substitute to SB 204:

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A BILL
To be entitled an Act to amend an Act reincorporating the City of McDonough, approved April 6, 1981 (Ga. L. 1981, p. 3387), as amended, so as to change the corporate bounda ries of said city; to provide for a special election to be conducted by the election superin tendent of Henry County with the costs thereof paid by the City of McDonough; to pro vide 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.
An Act reincorporating the City of McDonough, approved April 6, 1981 (Ga. L. 1981, p. 3387), as amended, is amended by adding at the end of Section 1.11 a new subsection to read as follows:
"(e) In addition to the property included in the boundaries of the City of McDonough under subsections (a) and (b) of this section, those boundaries shall also include the following property:
Commencing at the Southwest corner of the intersection of the Southern right-ofway line of Phillips Drive with the Southern right-of-way line of State Route 20/81; thence Westerly along the Southern right-of-way of State Route 20/81, a distance of 1,658.4 feet to a point on the centerline of an unnamed creek, said point constitut ing the existing City Limits of the City of McDonough; thence, North 2217" West along the Southwestern City Limits of the City of McDonough a distance of 80.0 feet to the Northern right-of-way of State Route 20/81 and also being the True Point of Beginning; thence, running Southwesterly along the Northern right-of-way line of State Route 20/81 to a point; the same being the intersection of the Northern rightof-way of State Route 20/81 with the Eastern right-of-way of Interstate 75; thence, running Southeast along the Eastern right-of-way of Interstate 75 to its intersection with the Southern right-of-way line of State Route 155; thence, in a Northeasterly direction along the Southern right-of-way line of State Route 155, to the intersection with the Eastern right-of-way line of State Route 42; thence, Northwest along the Eastern right-of-way line of State Route 42 to its intersection with the Southern right-of-way line of Lincoln Road, the same point being common with the existing City Limits; thence, South 89 45" 44" West for a distance of 82.55 feet to the West ern right-of-way of State Route 42; thence, along the existing City limits the follow ing bearings and distances:
North 14 39" 30" West for a distance of 235.37 feet to a point; thence, North 89 06" 00" West for a distance of 414.86 feet to a point; thence, South 11 39" 00" East for a distance of 202.00 feet to a point; thence, North 88 54" 00" West for a distance of 808.69 feet to the Eastern right-of-way line of property of the Southern Railroad Company to a point; the same being at the existing City limits and also being ap proximately 1739.36 feet South of the intersection of the Eastern right-of-way line of the Southern Railroad Company with a circle having a radius of 3960 feet, and be ing centered on the McDonough Square; thence, North 67 02" 59" West a distance of 429.97 feet to a point on the Western right-of-way of Old Griffin Road; thence, fol lowing the Western right-of-way of Old Griffin Road Northerly a distance of 517.88 feet to a point at the intersection of the Western right-of-way line of Old Griffin Road with the Northern right-of-way line of Phillips Drive, thence, running Westerly along the Northern right-of-way line of Phillips Drive a distance of 2,091.27 feet to a point; thence, North 02 06" 19" East for a distance of 306.70 feet to a point; thence

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South 79 21" 52" East for a distance of 440.25 feet to a point; thence North 00 40" 29" West for a distance of 1,325.81 feet to a point; thence 757.71 feet along a curve to the right of the same being subtended by a chord of 756.58 feet bearing North 52 31" 42" West and having a radius of 3960 feet to a point of the Eastern right-of-way of State Route 20/81; thence, along the Southeastern right-of-way of State Route 20/ 81 for a distance of 819.42 feet to a point; thence, South 31 44" 51" East for a dis tance of 106.15 feet to a point; thence, South 00 22" 32" West for a distance of 355.00 feet to a point, thence South 89 16" 15" East for a distance of 353.46 feet to a point on the Western right-of-way of Head Lane; thence Southerly along the West ern right-of-way of Head Land South 06 22" 46" West for a distance of 842.80 feet to a point on the Northern right-of-way of Phillips Drive; thence, Westerly along the Northern right-of-way line of Phillips Drive for a distance of 585.0 feet to a point; thence South 01 06" East a distance of 38.5 feet to a point lying on the Southern right-of-way of Phillips Drive, the same being property owned by the Henry County Board of Commissioners, and lying on the Eastern land lot line of 157 of the 7th District of Henry County, Georgia; thence following the property of the Board of Commissioners being in the City the following bearings and distances: South 01 06" East for a distance of 1,919.7 feet to a point; thence South 88 23" West for a distance of 1,242.7 feet to a point; thence North 05 09" West for a distance of 869.0 feet to a point; thence North 87 00" West for a distance of 1,053.1 feet to a point lying on the centerline of an unnamed creek; thence meandering along the centerline of said creek a distance of 928 feet more or less to a point, the same being the intersection of the centerline of the creek with the Southern right-of-way line of State Route 20/81, that point being the True Point of Beginning."
SECTION 2.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election su perintendent of Henry County shall call a special election for the purpose of submitting this Act for approval or rejection to the electors, as defined in Code Section 21-2-2 of the O.C.G.A., residing in the territory proposed to be annexed into the City of McDonough by Section 1 of this Act. The superintendent shall set the date of such election for the Tuesday after the first Monday in November, 1999. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which annexes into the City of McDon ough certain described territory?"
( ) NO
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall be come of full force and effect upon the first day of the month following the certification of the results of such election. If the Act is not so approved or if the election is not con ducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed January 1, 2000.
The expense of such election shall be borne by the City of McDonough and paid to Henry County. It shall be the duty of the election superintendent of Henry County to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State.

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SECTION 3.

Except for Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall be come effective as provided in Section 2 of this Act.

SECTION 4.

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

On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill
Hooks Y Huggins Y Jackson
James Y Johnson.D Y Johnson,E EX Kemp EX Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T
Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr
Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thompson Y Walker Y Williams

On the passage of the local bills, the yeas were 47, nays 0. The bills on the Local Consent Calendar, except SB 204, having received the requisite constitutional majority, were passed. SB 204, having received the requisite constitutional majority, was passed by substitute. The following resolutions were read and adopted:
SR 200. By Senators Gingrey of the 37th, Tanksley of the 32nd and Lamutt of the 21st: A resolution commending Richard Carey Westgate, Jr.
SR 202. By Senator Polak of the 42nd: A resolution commending Sergeant David Morgan Kessler.
SR 203. By Senator Balfour of the 9th: A resolution commending Steven Wayne Alien, Jr., for his achievement in scouting.

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SR 208. By Senators Johnson of the 2nd, Johnson of the 1st, Hill of the 4th and others:
A resolution recognizing and honoring the Chairman, Grand Marshal, and other representatives of the Savannah St. Patrick's Day Parade Committee.

SR 209. By Senator Smith of the 25th:
A resolution honoring Thomas Henry Resseau and expressing regret at his passing.

SR 210. By Senator Madden of the 47th: A resolution recognizing and commending Bill Anderson.

SR 216. By Senators Streat of the 19th, Thomas of the 54th, Gingrey of the 37th and others:
A resolution commending Impact Ministries, the legislative aides serving the Georgia Senate, and their legislative coordinators.

SENATE RULES CALENDAR
Monday, March 1, 1999 TWENTY-SEVENTH LEGISLATIVE DAY

SB 179

Regional Economic Assistance Project-application for designation (Substitute)(EDT&CA-46th)

SR 108 R. P. Balkcom, Jr., Memorial Highway-designate (Trans-4th)

SR 109 Romie Waters Highway-redesignate (Trans-4th)

SB 112 Student Honors Program-include home study programs (Ed-24th)

SB 100

Board of Pharmacy-foreign school graduate eligibility for license (Substitute)(H&HS-47th)

SB 74

School Safety Plans-preparedness for certain accidents, acts of violence and terrorism (Amendment)(Ed-52nd)

SB 145

Pardons and Paroles Board-separate from Department of Corrections (Corr-52nd)

SB 140

Rights of Personalty-ownership rights to dies, molds, patterns (SubstituteXS Judy-48th)

SB 96 Paternity Orders-contents, effect (Amendment)(Judy-29th)

SB 72

Juvenile Courts-jurisdiction over certain boards of education proceed ings (Amendment)(Ed-4th)

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

SB 179. By Senators Hooks of the 14th, Broun of the 46th, Gillis of the 20th and others:

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A bill to provide for legislative findings; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for definitions; to provide for application for designa tion as a Regional Economic Assistance Project (REAP); to provide for the con tents of the application and the minimum criteria for such designation.
The Senate Economic Development, Tourism and Cultural Affairs Committee offered the following substitute to SB 179:
A BILL
To be entitled an Act to provide for legislative findings; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Af fairs, so as to provide for definitions; to provide for application for designation as a Re gional Economic Assistance Project (REAP); to provide for the contents of the application and the minimum criteria for such designation; to provide for complying with such mini mum criteria by a reciprocal use agreement with the owner or operator of an adjacent facility; to provide for approval by resolution of the governing authority of a local gov ernment; to provide for certifications of compliance and notices of noncompliance; to pro vide for determination by the Department of Community Affairs as to compliance or noncompliance; to encourage state agencies to give priority in licensing and permitting and in the processing of grants and loans to local governments for REAP's; to provide for issuance of a state license to serve at all times otherwise authorized in any jurisdiction malt beverages, wine, or distilled spirits by the drink for consumption on the premises only for REAP's where such sales are not authorized by local law; to provide that such a licensee is not required to acquire a license from a local government until such sales are authorized by local law; to authorize the issuance of such licenses only in counties and municipal corporations in which the sale of all of such alcoholic beverages for the con sumption on the premises at all times otherwise authorized in any jurisdiction is not otherwise authorized by law; to provide for taxes by local governments on such alcoholic beverages; to provide for annual reports and rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The General Assembly finds that large scale projects with multiple uses offer a unique opportunity for local government, state government, and the private sector to cooperate in producing growth and development in rural areas resulting in additional local tax revenue and providing employment opportunities of high caliber in tourism and hospital ity, industries which are environmentally friendly and promote increased recreational opportunities and an enhanced quality of life for all Georgians. The General Assembly further finds that successful cooperation can provide benefits to the state through the overall economic impact of the project, improved local land use management, and strate gic infrastructure investment and benefits to the private sector developer through the predictability of certain types of licenses and services. The General Assembly further finds that the location of these projects in rural areas could substantially advance efforts to improve the economic well-being of rural Georgia.
SECTION 2.
Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Depart ment of Community Affairs, is amended by inserting a new article to be designated Arti cle 8 to read as follows:

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"ARTICLE 8
50-8-190.
As used in this article, the term:
(1) 'Adjacent facility" means any facility adjoining a project that meets the require ments of a subparagraph of paragraph (3) of subsection (c) of Code Section 50-8-191 which is not met by the project and that is the subject of a reciprocal use agreement executed by the project developer and the owner or operator of the adjacent facility.
(2) 'Certification of compliance' means a determination by the commissioner that the project meets all criteria to be designated a REAP.
(3) 'Commissioner' means the commissioner of community affairs.
(4) 'Full-service restaurant' means a restaurant which regularly serves two or more meals on each day it is open for business and is open for business at least six days weekly.
(5) "Notice of noncompliance' means a notice from the commissioner that the Depart ment of Community Affairs has determined that the project has failed to comply with all requirements for designation as a REAP.
(6) 'Regional Economic Assistance Project' or HEAP" means a project, including any adjacent facility covered by a reciprocal use agreement, which meets the criteria specified in Code Section 50-8-191 and which receives a certification of compliance from the commissioner.
50-8-191.
(a) The initial application for designation as a REAP shall be made to the municipal corporation or county in which the project will be located. Developers of projects to be located completely within the corporate limits shall apply to the municipal corpora tion; developers of projects to be located completely in the unincorporated part of a county shall apply to the county; developers of projects to be located partially within the corporate limits of a municipality and partially within the unincorporated part of a county and developers of projects to be located in more than one municipal corpora tion or more than one county shall apply to the county in which will be located all or a substantial portion of the restaurant and clubhouse improvements. If the county does not approve the project and submission of the project application to the Department of Community Affairs, the developer may submit the application to any municipal corpo ration in which the restaurant and clubhouse are to be located.
(b) The application for designation as a REAP shall include:
(1) A detailed description of the project, including all adjacent facilities which are subject to a reciprocal use agreement, and showing the scope and design;
(2) A map showing the boundaries of the project and showing the current zoning for each area to be included within the project. If the project includes a reciprocal use agreement with the owner or operator of an adjacent facility, the map shall show and include the adjacent facility; and
(3) A comprehensive economic and development impact study showing the benefits to be derived from the project.
(c) To comply with the minimum criteria for application for designation as a REAP, a project, in combination with any adjacent facility included by a reciprocal use agree ment, shall:

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(1) Be not less than 250 acres in size;
(2) Where required, have zoning which is appropriate to the planned uses and plans which are consistent with other land use regulations; and
(3) Provide for at least three of the five following criteria:
(A) Include one or more regulation 18 hole golf courses, with a clubhouse provid ing food service;
(B) Include a full-service restaurant with minimum seating for 75 or more persons;
(C) Include at least 100 residential units;
(D) Include at least 200 rooms for overnight stays; or
(E) Include conference facilities with capacity for 250 participants.
(d) The developer of a project which meets the requirements of paragraphs (1) and (2) of subsection (c) of this Code section and the requirements of two of the criteria set out in paragraph (3) of subsection (c) of this Code section may apply for designation as a REAP.
(e) If the project appears to meet the criteria set out in this Code section, the gov erning authority of the local government may by resolution approve the project and submission of the project application to the Department of Community Affairs for re view and action.
50-8-192.
(a) Upon submission of a project after approval by the local government or govern ments, the Department of Community Affairs shall determine whether the project meets the criteria set out in Code Section 50-8-191 for designation as a REAP and complies with any rules and regulations promulgated by the Department of Commu nity Affairs to implement this article. If the project meets such criteria and complies with such rules, the commissioner shall issue a certification of compliance. If the pro ject does not meet such criteria and comply with such rules, the commissioner shall is sue a notice of noncompliance.
(b) Each certification of compliance shall include a summary of the project's expected economic benefits for the short term and the long term and any recommendations for adjustment of the project based upon local land use and comprehensive plans and in frastructure needs.
(c) Each notice of noncompliance shall include a list of deficiencies of the project. A developer of a project which has received a notice of noncompliance may resubmit an initial application for designation as a REAP to the local government or governments involved; such a resubmitted application shall include a copy of the notice of noncom pliance and a detailed explanation of the project modifications designed to remedy the deficiencies.
50-8-193.
(a) The Department of Community Affairs shall certify that a project has received a certificate of compliance as a REAP to the Department of Natural Resources; the De partment of Industry, Trade, and Tourism; the Department of Transportation; the De partment of Revenue; the Department of Labor; the Georgia Environmental Facilities Authority; and any other state department, agency, or instrumentality which requests

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such certification. All state agencies, departments, and instrumentalities are en couraged to give priority in their permitting and licensing and in the processing of grants and loans to local governments for projects which have received a certification.
(b) Where authorized by local law, a certified project or facility located in a certified project shall be authorized to make sales of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only, upon obtaining a license from the appropriate local authority and the state revenue commissioner. Where all of such sales at all times authorized in any other jurisdiction are not authorized by local law, a certification of compliance as a REAP shall authorize the state revenue commis sioner to issue a state license for the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only which are not authorized by local law to the developer, owner, or operator of a certified project or facility located in a certified project, upon the payment of taxes and fees and, except as provided in this article, compliance with the provisions of Title 3 and Department of Revenue regula tions; provided, however, that notwithstanding any contrary provision of Title 3, such a licensee shall not be required to obtain a license from the local government until such time as such sales are authorized by local law. Further, such a license for the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only may only be issued to such a developer, owner, or operator of a certified project or facility located in a certified project which is located wholly or partially in a municipal corporation or county in which the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only for which such license is sought is not otherwise authorized by local law. Any license issued to a certified pro ject or facility located in a certified project shall include the right to sell at all times otherwise authorized in any other jurisdiction in this state malt beverages, wine, or distilled spirits for consumption on the premises only.
(c) The local government or governments encompassing the facility or facilities for which a state license for the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only is issued pursuant to this Code section, with or without the issuance of a local license, is authorized to levy and collect any lo cal taxes on such alcoholic beverages as are otherwise authorized by law.
50-8-194.
For each project that has received a certification of compliance, the project developer shall submit an annual report to the Department of Community Affairs until the date planned for completion of all phases of the project. The developer's report shall include a statement regarding the status of private investment, job creation, and construction schedules. The report shall also include information regarding the impact of the pro ject on the local tax base, land use control, and the local government infrastructure for water, sewer, and transportation.
50-8-195.
The Department of Community Affairs is authorized to promulgate rules and regula tions to implement this article."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senators Hooks of the 14th and Broun of the 46th offered the following amendment:

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517

Amend the committee substitute to SB 179 by striking lines 22 through 28 on page 3 and inserting in lieu thereof the following:
"county shall apply to the county or municipality in which will be located all or a sub stantial portion of the restaurant and clubhouse improvements."
By striking the word "law" on lines 21 and 23 of page 1, on lines 30, 38, and 42 of page 5, and on lines 8 and 17 of page 6 and inserting in lieu thereof "ordinance or resolution".
On the adoption of the amendment, the yeas were 38, nays 0, and the Hooks, Broun amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 39, nays 0, and the committee substi tute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush N Burton Y Butler N Cable N Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill
Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T
Ragan N Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D
Thomas,N Y Thompson
Walker N Williams

On the passage of the bill, the yeas were 44, nays 6. The bill, having received the requisite constitutional majority, was passed by substitute.

SR 108. By Senators Hill of the 4th and Gillis of the 20th:

A resolution designating a portion of State Route 147 in Tattnall County as the R. P. Balkcom, Jr., Memorial Highway.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Balfour Y Blitch Y Bowen Y Broun, 46th

Y Brown, 26th Y Brush Y Burton Y Butler

Y Cable Y Cagle Y Cheeks Y Crotts

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Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl Y Harbison Y Hecht Y Hill
Hooks Y Huggins Y Jackson Y James Y Johnson.D

Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray

Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Broun of the 46th moved that SB 179 be immediately transmitted to the House. On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 179 was immedi ately transmitted.
The Calendar was resumed.

SR 109. By Senators Hill of the 4th and Kemp of the 3rd:

A resolution redesignating a portion of State Route 57 in Tattnall County as the Romie Waters Highway.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Harbison Y Hecht Y Hill
Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes
Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

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519

On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
Senator Stephens of the 51st introduced the doctor of the day, Dr. Ed Miron of Calhoun, Georgia. The Calendar was resumed.

SB 112. By Senators Brush of the 24th, Cheeks of the 23rd and Price of the 56th:

A bill to amend Code Section 20-2-306 of the Official Code of Georgia Anno tated, relating to the student honors program, so as to include home study programs within its provisions.

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:

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill
Hooks Y Huggins
Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith
Starr Y Stephens Y Stokes
Streat Y Tanksley Y Tate Y Thomas,D Y Thomas ,N Y Thompson
Walker Y Williams

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

SB 100. By Senator Madden of the 47th:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Anno tated, the "Georgia Pharmacy Practice Act," so as to change the provisions re lating to definitions; to change the provisions relating to powers of the State Board of Pharmacy; to change the provisions relating to eligibility of foreign pharmacy school or college graduates for certain licenses; to provide for inac tive licenses and license reactivation.
The Senate Health and Human Services Committee offered the following substitute to SB 100:
A BILL

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To be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia An notated, the "Georgia Pharmacy Practice Act," so as to change the provisions relating to definitions; to change the provisions relating to powers of the State Board of Pharmacy; to change the provisions relating to eligibility of foreign pharmacy school or college grad uates for certain licenses; to provide for inactive licenses and license reactivation; to change the provisions relating to disciplinary actions; to change the provisions relating to temporary license suspension and provide for summary license suspension; to provide for nuclear pharmacies; to provide a short title; to define certain terms; to provide for licensure of nuclear pharmacies and pharmacists and exemptions; to establish licensure requirements; to provide for general requirements for nuclear pharmacies; to establish minimal radiopharmaceutical equipment requirements; to provide sanctions; to provide for the suspension or revocation of licenses; to provide for refusal of licenses; to provide for rules and regulations; to provide for construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 4 of Title 26 of the Official Code of Georgia Annotated, the "Georgia Pharmacy Practice Act," is amended by adding after paragraph (23) of Code Section 26-4-5, relating to definitions, a new paragraph to read as follows:
"(23.5) 'Narcotic treatment program clinic pharmacy1 means a pharmacy which is at tached to, located in, or otherwise a part of and operated by a narcotic treatment program which provides an opiate replacement treatment program, as designated or defined by the Department of Human Resources or such other state agency as may be designated as the state authority for the purposes of implementing the narcotic treatment program authorized by federal and state laws and regulations."
SECTION 2.
Said chapter is further amended by striking "and" at the end of paragraph (17) of sub section (a) of Code Section 26-4-28, relating to powers of the Georgia State Board of Pharmacy, striking the period at the end of paragraph (18) of that subsection and in serting a semicolon, and adding thereafter the following:
"(19) Restricting the inspection or examination of records or access to any area li censed and under the control of any registrant, which has been issued a permit by the board, to members of the board, agents for the Georgia Drugs and Narcotics Agency, the United States Drug Enforcement Administration, the Georgia Depart ment of Medical Assistance, or other federal agencies or agencies of this state other wise entitled to such inspections or examinations by law, subpoena, or court order. This paragraph specifically prohibits inspections or examinations of board regis trants or any requirement which forces board registrants to allow inspection or ex amination, or both, of their records by representatives for any nongovernment affili ated, private organization for any purpose since the access of patient prescription records is restricted by this chapter and access by such private organizations is un necessary in that this access only duplicates existing record-keeping and inspection requirements already addressed by the laws and regulations of the board and other government organizations. This restriction shall also prohibit a private, nongovern ment affiliated organization from examining or copying continuing education certifi cates maintained by individual registrants; and

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(20) Serving as the sole governmental or other authority which can accredit phar macies within this state or certify pharmacists in a specialty of pharmacy practice within this state or both accredit and certify. Such accreditation and certification standards for specialties will be set forth in rules promulgated by the board with such rules to contain the required qualifications or limitations. Any accreditation or certification issued by the board shall be deemed sufficient to meet any and all stan dards, licensure, or requirements, or any combination thereof, otherwise set forth by any private entity or other government agency to satisfy their stated goals and stan dards. Accreditation and certification under this paragraph shall be subject to the following conditions:
(A) Applications shall be submitted as set forth in rules by the board for accredi tation or certification;
(B) Only a pharmacist registered by this state and maintaining an active license in good standing is eligible for certification in a specialty by the board;
(C) Only a pharmacy registered by this state and maintaining an active license in good standing is eligible for accreditation by the board;
(D) Any board issued accreditation of a pharmacy is to be deemed sufficient and shall satisfy any standards or qualifications required for payment of services ren dered as set forth by any insurance company, carrier, or similar third-party payor plan;
(E) Any board specialty certification issued to a pharmacist is deemed sufficient and shall satisfy any standards or qualifications required for payment of services rendered as set forth by any insurance company, carrier, or similar third-party payor plan; and
(F) The board may deny, revoke, limit, suspend, probate, or fail to renew the ac creditation or specialty certification of a pharmacy, pharmacist, or both for cause as set forth in Code Section 26-4-60 or for a violation of Chapter 13 of Title 16 or if the board determines that a pharmacy, pharmacist, or both, no longer meet the accreditation or certification requirements of the board. Before such action, the board shall serve upon the pharmacist in charge of a pharmacy or pharmacist an order to show cause why accreditation or certification should not be denied, re voked, limited, suspended, or probated or why the renewal should not be refused. The order to show cause shall contain a statement for the basis therefor and shall call upon the pharmacist in charge of a pharmacy, the pharmacist, or both, to ap pear before the board at a time and place not more than 60 days after the date of the service of the order."
SECTION 3.
Said chapter is further amended by striking subsection (b) of said Code Section 26-4-28 and inserting in its place the following:
"(b) Proceedings by the board in the exercise of its authority to issue, cancel, suspend, or revoke any license issued under the terms of this chapter shall be conducted in ac cordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In all such proceedings the board shall have authority to compel the attendance of wit nesses and the production of any book, writing, or document upon the issuance of a subpoena therefor signed by the secretary of the board. In any hearing in which the

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fitness of a licensee or applicant to practice pharmacy is in question, the board may exclude all persons from its deliberation of the appropriate action to be taken and may, when it deems it necessary, speak to a licensee or applicant in private."
SECTION 4.
Said chapter is further amended by striking paragraph (4) of subsection (a) of Code Sec tion 26-4-41, relating to qualifications for license to practice pharmacy, and inserting in its place the following:
"(4) Have graduated and received a professional undergraduate degree from a col lege or school of pharmacy thai has been as the same may be approved by the board; provided, however, that, since it would be impractical for the board to evalu ate a school or college of pharmacy located in another country, the board may accept a graduate from such a school or college as long as the graduate has completed all requirements of the Foreign Pharmacy Equivalency Certification Program adminis tered by the National Association of Boards of Pharmacy. This shall include suc cessful completion of all required examinations and the issuance of the equivalency certificate and be based upon an individual evaluation by the board of the appli cant's educational experience, professional background, and proficiency in the En glish language;".
SECTION 5.
Said chapter is further amended by striking subsection (c) of Code Section 26-4-42, relat ing to license transfers, which reads as follows:
"(c) To obtain a license to engage in the practice of pharmacy, a foreign pharmacy graduate applicant shall obtain the National Association of Boards of Pharmacy For eign Pharmacy Graduate Examination Committee's certification which shall include, but not be limited to, successfully passing the Foreign Pharmacy Graduate Equivalency Examination as well as attaining a passing score on the Test of English as a Foreign Language (TOEFL) as established by the board. Additionally, a foreign pharmacy graduate applicant shall:
(1) Have submitted a written application in the form prescribed by the board;
(2) Have attained the age of majority;
(3) Be of good moral character;
(4) Have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this state;
(5) Have graduated and been granted a pharmacy degree from a college or school of pharmacy recognized by the National Association of Boards of Pharmacy Foreign Pharmacy Graduate Examination Committee;
(6) Have successfully passed an examination approved by the board; and
(7) Have paid the fees specified by the board.",
and inserting in its place the following:
"(c) To obtain a license to engage in the practice of pharmacy in this state, a pharma cist who is a graduate of a pharmacy school or college located in another country must complete all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include without being limited to successful completion of all required examinations and the is-

MONDAY, MARCH 1, 1999

523

suance of the equivalency certificate, and an individual evaluation by the board of the applicant's proficiency in the English language. Additionally, a foreign pharmacy graduate applicant shall:
(1) Have submitted a written application in the form prescribed by the board;
(2) Have attained the age of majority;
(3) Be of good moral character;
(4) Have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this state;
(5) Have graduated and been granted a pharmacy degree from a college or school of pharmacy recognized by the National Association of Boards of Pharmacy Foreign Pharmacy Graduate Examination Committee;
(6) Have successfully passed an examination approved by the board; and
(7) Have paid the fees specified by the board."
SECTION 6.
Said chapter is further amended by adding following Code Section 26-4-44, a new Code section to read as follows:
"26-4-44.1.
(a) The board shall provide by rule for an inactive pharmacist license status for those individuals who elect to apply for such status. Persons who are granted inactive sta tus shall be exempt from the requirements of continuing pharmaceuticals education.
(b) The board shall provide by rule for reactivation of a pharmacist license for those persons who wish to have an active license. Such individuals must first file a reacti vation application with the board and comply with the requirements for reactivation as set forth by board rule."
SECTION 7.
Said chapter is further amended by striking paragraph (3) of subsection (b) of Code Sec tion 26-4-46, relating to eligibility for pharmacy intern licenses, which reads as follows:
"(3) An individual who does not otherwise meet the requirements of paragraph (1) or (2) of this subsection and who has established educational equivalency by ob taining a Foreign Pharmacy Graduate Examination Committee (FPGEC) certificate, who is currently licensed by the board for the purpose of obtaining practical experi ence as a requirement for licensure as a pharmacist.",
and inserting in its place the following:
"(3) An individual who does not meet the requirements of paragraph (1) and (2) of this subsection and is a graduate of a pharmacy school or college located in another country but who has completed all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include without being limited to successful comple tion of all required examinations, the issuance of the equivalency certificate, and an individual evaluation by the board of the applicant's proficiency in the English language."
SECTION 8.
Said chapter is further amended by striking subsection (c) of Code Section 26-4-60, relat ing to disciplinary actions and inserting in its place the following:

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"(c) Any person whose license to practice pharmacy in this state has been suspended, revoked, or restricted pursuant to this chapter, whether voluntarily or by action of the board, shall have the right, at reasonable intervals, to petition the board for reinstate ment of such license pursuant to rules and regulations promulgated by the board. Such petition shall be made in writing and in the form prescribed by the board. Upon investigation and huaiiiig, Hie The board may, in its discretion, grant or deny such pe tition, or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant such modifications."
SECTION 9.
Said chapter is further amended by striking Code Section 26-4-61, relating to temporary license suspension, which reads as follows:
"26-4-61.
Notwithstanding any provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the board may, without a hearing, temporarily suspend a license for not more than 60 days if the board finds that a pharmacist or pharmacy intern has vi olated a law or rule that the board is empowered to enforce, and if continued practice by the pharmacist or pharmacy intern would create an imminent risk of harm to the public. The suspension shall take effect upon written notice to the pharmacist or pharmacy intern, specifying the law or rule violated. At the time it issues the suspen sion notice, the board shall schedule a disciplinary hearing to be held under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' within 20 days thereafter. The pharmacist or pharmacy intern shall be provided with at least ten days notice of any hearing held under this subsection.",
and inserting in its place the following:
"26-4-61.
(a) The provisions of subsection (c) of Code Section 50-13-18 with respect to emergency action by a state examining board and summary suspension of a license are adopted and incorporated by reference into this Code section.
(b) Whenever a notice of summary suspension, notice of hearing, initial or recom mended decision, or final decision of the board in a disciplinary proceeding is dock eted, it shall be personally served upon the licensee or applicant or served by certified mail, return receipt requested, to the last known address of record with the board. If such material is served by certified mail and is returned marked 'unclaimed' or 're fused' or is otherwise undeliverable and if the licensee or applicant cannot, after rea sonable effort, be located, the director for the board shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section and service upon the director shall be deemed to be service upon the licensee or applicant.
(c) If any licensee or applicant after reasonable notice fails to appear at any hearing of the board for that licensee or applicant, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present."
SECTION 10.
Said chapter is further amended by adding at the end a new article to read as follows:
"ARTICLE 10
26-4-170.
This article shall be known and may be cited as the 'Nuclear Pharmacy Law.'

MONDAY, MARCH 1, 1999

525

26-4-171.
As used in this article, the term:
(1) 'Authentication of product history" means, but is not limited to, identifying the purchasing source, the ultimate fate, and any intermediate handling of any compo nent of a radiopharmaceutical.
(2) 'Board' means the State Board of Pharmacy.
(3) 'Compounding of radiopharmaceuticals' means the addition of a radioactive sub stance to nonradioactive substances or the use of a radioactive substance in prepara tion for single or multidose dispensation upon the prescription order of a physician who is licensed to use radioactive materials. Compounding of radiopharmaceuticals may include: loading and eluting of radionuclide generators; using manufactured reagent kits to prepare radiopharmaceuticals; preparing reagent kits; aliquoting re agents; formulation and quality assurance testing of radiochemicals for use as radi opharmaceuticals; and radiolabeling of compounds or products, including biological products, for use as radiopharmaceuticals.
(4) 'Department' means the Department of Human Resources.
(5) 'Internal test assessment' means, but is not limited to, conducting those tests of quality assurance necessary to ensure the integrity of the test.
(6) 'Manufacturing of radiopharmaceuticals' means the preparation, derivation, or production of a product to which a radioactive substance is or will be added to pro vide a radiopharmaceutical for sale, resale, redistribution, or reconstitution.
(7) "Nuclear pharmacy" means a pharmacy providing radiopharmaceutical service.
(8) 'Radiopharmaceutical' means radioactive drugs and chemical products used for diagnostic and therapeutic purposes and includes the terms radioactive pharmaceuticals, radioisotopes, and radioactive tracers.
(9) 'Radiopharmaceutical quality assurance' means, but is not limited to, the per formance of appropriate chemical, biological, and physical tests on radi opharmaceuticals and their component materials and the interpretation of the re sulting data to determine their suitability for use in humans and animals, including internal test assessment, authentication of product history, and the keeping of proper records.
(10) 'Radiopharmaceutical service" means, but is not limited to, the compounding, dispensing, labeling, and delivering of radiopharmaceuticals; the participation in radiopharmaceutical selection and radiopharmaceutical utilization review; the main tenance of radiopharmaceutical quality assurance; and the responsibility for advis ing, where necessary or where regulated, of therapeutic values, hazards, and use of radiopharmaceuticals; and the offering or performing of those acts, services, opera tions, or transactions necessary in the conduct, operation, management, and control of a nuclear pharmacy.
26-4-172.
(a) All persons, firms, pharmacies, or corporations which receive, possess, transfer, or manufacture for sale or resale radiopharmaceuticals shall be licensed in accordance with the provisions of this article. No person may receive, acquire, possess, compound, or dispense any radiopharmaceutical except in accordance with the provisions of this article and the conditions of rules and regulations promulgated by the Board of Human Resources for radioactive materials and administered by the department. The

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requir iments of this article are in addition to, and not in substitution of, other appli cable statutes and regulations administered by the State Board of Pharmacy or the department.
(b) Nothing in this article shall be construed as requiring a licensed physician to ob tain a separate license as a nuclear pharmacist, when his or her use of radiopharmaceuticals is limited to the diagnosis and treatment of his or her own patients.
(c) Nothing in this article shall be construed so as to require a licensed clinical labora tory, which is also licensed by the department to handle radioactive materials, to ob tain the services of a nuclear pharmacist, or to have a nuclear pharmacy license, un less the laboratory is engaged in the commercial sale or resale of radiopharmaceuticals.
(d) Nothing in this article shall be construed to require a department of nuclear medicine which is located in a hospital of 250 beds or less, which has a board certified radiologist in the practice of nuclear medicine, and which is licensed by the depart ment to handle radioactive materials to obtain the services of a nuclear pharmacist or to have a nuclear pharmacy license.
26-4-173.
(a) An applicant for a license as a nuclear pharmacist shall:
(1) Be a currently licensed pharmacist in the State of Georgia;
(2) Meet the minimum requirements and be licensed to possess and use radioactive materials for medical use, as authorized by the department; and
(3) Have met all requirements for training and experience established by the board in rules and regulations promulgated pursuant to this authority; provided, however, rules and regulations prescribing training and experience requirements for nuclear pharmacists shall have first been approved by the department.
(b) A license as a nuclear pharmacist shall be issued to any pharmacist who makes application to the board, together with a required fee, and meets the requirements of subsection (a) of this Code section.
26-4-174.
(a) A permit to operate a nuclear pharmacy shall only be issued in accordance with Article 6 of this chapter with the added designation that the pharmacist in charge be a nuclear pharmacist. All personnel performing tasks in the preparation and distribu tion of radiopharmaceuticals shall be under the supervision of a licensed nuclear phar macist. All acts of compounding and dispensing radiopharmaceuticals shall be per formed by the nuclear pharmacist or by a pharmacist or pharmacy intern under the direct supervision and control of a nuclear pharmacist. A nuclear pharmacist shall be responsible for all operations of the nuclear pharmacy and shall be in personal attend ance at all times when the acts of compounding and dispensing are performed and the pharmacy is open for business.
(b) Nuclear pharmacies shall have adequate space, commensurate with the scope of services provided and, as required by rules and regulations promulgated by the board pursuant to implementation of this article, shall meet minimal space requirements es tablished for all pharmacies in the state. The nuclear pharmacy area shall be sepa rate from the pharmacy areas for nonradiopharmaceuticals and shall be secured from unauthorized personnel.

MONDAY, MARCH 1, 1999

527

(c) Nuclear pharmacies shall only dispense radiopharmaceuticals which comply with acceptable professional standards of radiopharmaceutical quality assurance.
(d) Nuclear pharmacies shall maintain records of acquisition and disposition of all radiopharmaceuticals in accordance with requirements of the board and the department.
(e) Nuclear pharmacies shall comply with all applicable laws and regulations of fed eral and state agencies, including those laws and regulations governing nonradioactive drugs and pharmaceuticals.
(f) Radiopharmaceuticals are to be dispensed only upon prescription order by a physi cian who is authorized by the department to possess, use, and administer radioactive materials.
(g) A nuclear pharmacist may transfer to authorized persons radioactive materials not intended for drug use, in accordance with department regulations for radioactive materials. A nuclear pharmacy may also furnish radioactive materials for use to phy sicians, for individual patient use in accordance with subsection (f) of this Code section.
(h) In addition to any labeling requirements required by rules and regulations of the board for nonradiopharmaceuticals, the immediate outer container of a radi opharmaceutical to be dispensed shall also be labeled as required in rules and regula tions of the board and of the department.
(i) The amount of radioactivity dispensed in each individual preparation shall be de termined by the nuclear pharmacist through radiometric methods immediately prior to dispensing.
(j) Nuclear pharmacies may redistribute federal Food and Drug Administration ap proved radiopharmaceuticals if the pharmacy does not process the radiopharmaceuti cals in any manner or violate the product packaging. Such redistribution may only be made to another nuclear pharmacy or other authorized person or institution.
26-4-175.
Nuclear pharmacies shall meet all requirements for items and articles of equipment as required through rules and regulations of the board. Nuclear pharmacies shall also have equipment required for the safe handling and storage of radioactive materials, as established by rules of the department.
26-4-176.
The board may limit, suspend, or revoke licenses issued under the provisions of this article, or impose any other reasonable sanctions upon holders of such licenses upon proof of any of the violations specified in Code Sections 26-4-60 and 26-4-113.
26-4-177.
The board may refuse to grant a license to any person, firm, or corporation for any of the grounds set forth in Code Sections 26-4-60 and 26-4-113. In addition, the board may refuse to grant a license if any applicant shall make any false statement in the application or cheats in any manner upon any examination administered pursuant to this article.
26-4-178.
The board is authorized to promulgate rules and regulations to implement the provi sions of this article.

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26-4-179.

Nothing in this article shall be construed to repeal the authority of the Department of Human Resources to regulate the use of radioactive materials."

SECTION 11.

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

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

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

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

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill
Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith
Starr Y Stephens Y Stokes
Streat Y Tanksley Y Tate Y Thomas,D Y Thomas.N Y Thompson
Walker Y Williams

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

SB 74. By Senators Marable of the 52nd, Hooks of the 14th, Bowen of the 13th and Dean of the 31st:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to loitering at or disrupting elementary and secondary schools, so as to change the provisions relating to school safety plans; to re quire private schools to prepare school safety plans; to require that school safety plans address preparedness for certain accidents, acts of violence, and acts of terrorism.

The Senate Education Committee offered the following amendment: Amend SB 74 by striking line 9 of page 1 and inserting in lieu thereof the following:
"law enforcement, fire service, public safety, and emergency management agencies, re viewed annually, and".

MONDAY, MARCH 1, 1999

529

By inserting immediately before the word "public" on line 7 of page 2 and on line 12 of page 2 the following:
"fire service,".
By inserting following the word and symbol "agencies." on line 13 of page 2 the following:
"Such plans shall be reviewed and, if necessary, updated annually."
By striking line 42 of page 2 and inserting in lieu thereof the following:
"seizure, bomb threat management, and model school safety plans.'".
On the adoption of the amendment, the yeas were 42, nays 0, and the committee amend ment was adopted.

Senator Price of the 56th offered the following amendment:
Amend SB 74 by striking lines 5 through 10 of page 1 and inserting in lieu thereof the following:
"private schools to prepare school safety plans; to provide that school safety plans may address preparedness for certain accidents, acts of violence, and acts of terrorism; to provide for the preparation of school safety plans with input from public safety and emergency management agencies and for the submission of such plans to local emer gency management agencies; to require".
By striking the word "direct" on line 15 of page 1 and inserting in lieu thereof the word "authorize".
By striking the word "shall" on line 34 of page 1 and inserting in lieu thereof the word "may".

By striking the word "shall" on line 9 of page 2 and inserting in lieu thereof the word "may".

By striking the words "shall provide" on line 33 of page 2 and inserting in lieu thereof the words "shall, upon request, provide".
By striking the word "shall" on line 38 of page 2 and inserting in lieu thereof the word "may".

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

Balfour Y Blitch N Bowen Y Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort

Y Gillis N Gingrey N Golden Y Guhl N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James N Johnson,D Y Johnson.E N Kemp Y Ladd

Y Lamutt Y Land Y Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak Y Price,R Y Price.T N Ragan Y Ray Y Roberts N Scott N Smith

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N Starr Y Stephens N Stokes
Streat

Y Tanksley N Tate Y Thomas,D N Thomas,N

N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 27, nays 27, and the Price of the 56th amendment was lost. Senator Gingrey of the 37th offered the following amendment: Amend SB 74 on page 1, lines 4 & 5, by deleting "to require private schools to prepare school safety plans" On page 1, line 29, deleting "and private" On page 2, line 9, change "shall" to "may" On page 2, line 13, after "plans"; add "of public schools". On page 2, line 35, after word "systems," add "and may provide this same training and technical assistance to" On the adoption of the amendment, a roll call was taken, and the vote was as follows:

Balfour Y Blitch N Bowen Y Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan N Fort Y Gillis Y Gingrey N Golden Y Guhl

N Harbison N Hecht N Hill N Hooks N Huggins N Jackson Y James N Johnson,D Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land Y Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak

Y Price,R Y Price,T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes
Streat Y Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 28, nays 26, and the Gingrey amend ment was adopted.
Senator Johnson of the 1st asked for a ruling of the Chair if a Fiscal Impact Statement on the bill was needed.
The President ruled that a Fiscal Impact Statement was not needed.

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

Balfour

Y Blitch

Y Bowen

MONDAY, MARCH 1, 1999

531

Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler N Cable N Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl Y Harbison Y Hecht

Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D N Johnson,E Y Kemp Y Ladd N Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak N Price,R

N Price/I Y Ragan N Ray Y Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes
Streat N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 43, nays 11. The bill, having received the requisite constitutional majority, was passed as amended. Senator Price of the 56th gave notice that at the proper time he would move that the Senate reconsider its action in passing SB 74. The following bill was taken up to consider the Conference Committee report thereto:

HB 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1998-1999.
The Conference Committee report was as follows:

The Conference Committee report on HB 143 was as follows:

The Committee of Conference on HB 143 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 143 be adopted.

Respectfully submitted,

FOR THE SENATE: Is/ George Hooks
Senator, 14th District /s/ Charles W. Walker
Senator, 22nd District /s/ Terrell Starr
Senator, 44th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Terry L. Coleman Representative, 142nd District Is/ Larry Walker Representative, 141st District Isl Thomas B. Buck, III Representative, 135th District

Conference Committee Substitute to HB 143:

A BILL

532

JOURNAL OF THE SENATE

To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", approved April 20, 1998 (Ga. L. 1998, p. 1402), so as to change certain appropriations for the State Fiscal Year 19981999; to make language and other changes; to reallocate certain funds; to provide an ef fective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1.

An Act providing appropriations for the State Fiscal Year 1998-1999, as amended, known as the "General Appropriations Act" approved April 20, 1998 (Ga. L. 1998, p. 1402), is further amended by striking everything following the enacting clause through Section 63, and by substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999, as prescribed hereinafter for such fis cal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $11,849,775,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1999.

PARTI. LEGISLATIVE BRANCH

Section 1. General Assembly. Budget Unit: General Assembly........................................................$ Personal Services - Staff...........................................................................$ Personal Services - Elected Officials .......................................................$ Regular Operating Expenses ....................................................................$ Travel-Staff..............................................................................................$ Travel - Elected Officials..........................................................................$ Capital Outlay............................................................................................$ Per Diem Differential................................................................................$ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications..................................................................................^ Per Diem, Fees and Contracts - Staff .....................................................$ Per Diem, Fees and Contracts Elected Officials......................................................................................$ Photography ...............................................................................................$ Expense Reimbursement Account............................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$

27,801,978 14,893,147 4,064,823 2,522,335
107,000 7,000 0
519,200 238,000 985,450
5,000 652,500 123,022
2,451,701 100,000
1,132,800 27,801,978 27,801,978

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's
Office Total

$

4,557,828 $

$

862,851 $

$

1,235,345 $

$

6,656,024 $

House Functional Budgets

4,557,828 862,851
1,235,345 6,656,024

MONDAY, MARCH 1, 1999

533

Total Funds

State Funds

House of Representatives and Research Office
Speaker of the House's Office Clerk of the House's
Office Total

10,740,572 $ 450,796 $
1,437,706 $ 12,629,074 $

10,740,572 450,796
1,437,706 12,629,074

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility
Oversight Committee Total

2,983,333 2,068,000 1,083,184 1,995,877
386,486 8,516,880

2,983,333 2,068,000 1,083,184 1,995,877
386,486 8,516,880

For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representa tives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legis lative organizations, upon approval of the Legislative Services Committee; for member ship in the Marine Fisheries Compact and other compacts, upon approval of the Legisla tive Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; pro vided, 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 legisla tive office space, consider the most efficient and functional building designs used for of fice space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fis cal 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 provi sions 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 ex penditure 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

534

JOURNAL OF THE SENATE

made from funds appropriated to the Legislative Branch of Government with a view to wards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits ................................................$ Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel..........................................................................................................$ Motor Vehicle Purchases...........................................................................$ Equipment ..................................................................................................$ Real Estate Rentals...................................................................................$ Per Diem, Fees and Contracts..................................................................! Computer Charges.....................................................................................! Telecommunications...................................................................................! Total Funds Budgeted...........................................................................! State Funds Budgeted...........................................................................!

23,623,583 19,154,785
723,274 597,740 315,374
17,500 2,256,910
962,662 276,538
68,800 24,373,583 23,623,583

PART II JUDICIAL BRANCH

Section 3. Judicial Branch. Budget Unit: Judicial Branch...........................................................! Personal Services.......................................................................................! Other Operating .......................................................................................$ Prosecuting Attorney's Council ................................................................$ Judicial Administrative Districts .............................................................$ Payment to Council of Superior Court Clerks........................................! Payment to Resource Center....................................................................! Computerized Information Network ........................................................$ Total Funds Budgeted...........................................................................! State Funds Budgeted...........................................................................!

100,960,794 13,420,801 83,846,444 3,022,726 1,652,573 40,500 500,000 741,000
103,224,044 100,960,794

Judicial Branch Functional Budgets

Total Funds

State Funds

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

7,098,392 ! 8,471,549 ! 39,809,132 !
32,135,815 ! 1,279,908 !
867,114 ! 5,315,169 !
166,759 ! 4,814,709 !
2,968,106 !
297,391 ! 103,224,044 $

6,289,683 8,421,549 39,735,132
30,911,544 1,279,908
867,114 5,235,899
166,759 4,814,709
2,968,106
270,391 100,960,794

MONDAY, MARCH 1, 1999

535

Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ........................................................................$ Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel..........................................................................................................$ Motor Vehicle Purchases...........................................................................$ Equipment ..................................................................................................$ Computer Charges .....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications...................................................................................$ Per Diem, Fees and Contracts..................................................................$ Rents and Maintenance Expense.............................................................$ Utilities .......................................................................................................$ Payments to DOAS Fiscal Administration..............................................$ Direct Payments to Georgia Building Authority for Capital Outlay ..................................................................................$ Direct Payments to Georgia Building Authority for Operations.........................................................................................$ Telephone Billings .....................................................................................$ Radio Billings.............................................................................................$ Materials for Resale ..................................................................................$ Public Safety Officers Indemnity Fund...................................................$ Health Planning Review Board Operations............................................$ Payments to Aviation Hall of Fame.........................................................$ Payments to Golf Hall of Fame................................................................$ Alternative Fuels Grant............................................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$

43,295,169 59,511,893 12,770,190
509,767 794,834 1,876,908 1,317,478 3,574,350 377,031 3,207,952 10,024,892
0 0
0
1,334,118 61,155,300
733,484 20,039,840
550,000 35,000 48,500 75,000 232,500
178,169,037 43,295,169

Departmental Functional Budgets

Total Funds

State Funds

Administration Statewide Business Services General Support Services Information Technology State Properties Commission Office of the Treasury State Office of Administrative
Hearings Total

$

11,139,342 $

$

7,696,794 $

$

31,935,600 $

$ 120,877,452 $

$

666,886 $

$

1,554,571 $

$

4,298,392 $

$ 178,169,037 $

B. Budget Unit: Georgia Building Authority ................................$ Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel..........................................................................................................$ Motor Vehicle Purchases ...........................................................................$ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$

3,638,278 4,270,610
232,500 30,249,746
666,886 212,926
4,024,223 43,295,169
0 20,905,821 14,521,884
117,000 200,000 161,800 268,100
15,071

536

JOURNAL OF THE SENATE

Telecommunications........................... Per Diem, Fees and Contracts.......... Capital Outlay.................................... Utilities............................................... Contractual Expense......................... Facilities Renovations and Repairs., Total Funds Budgeted.................. State Funds Budgeted..................
Departmental Functional Budgets
Total Funds

231,723 1,095,000
0 0 0 0 37,516,399 0
State Funds

Administration Facilities Program Operations Security Sales Van Pool Total

$

12,680,074 $

$

2,994,139 $

$

10,836,713 $

$

6,267,541 $

$

4,354,784 $

$

383,148 $

$

37,516,399 $

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 .......................................................................$ Cotton Producers Indemnity Fund (HB 148) .........................................$ Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets........................................................................................$ Capital Outlay............................................................................................$ Contract - Federation of Southern Cooperatives................................................................... .........................$ Boll Weevil Eradication Program.............................................................$

44,637,459 32,612,659
4,342,615 1,110,000
302,000 440,136 667,341 814,475 412,585 1,459,741 1,048,240
3,241,872
2,917,861 275,000 35,000 175,000
844,667 5,000,000
662,500 0
40,000 0

MONDAY, MARCH 1, 1999

537

Total Funds Budgeted.. State Funds Budgeted..
Departmental Functional Budgets Total Funds

56,401,692 44,637,459
State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

8,893,293 16,413,009 6,389,418 7,226,882 8,735,723 8,128,189
615,178 56,401,692

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...........................................................................!

8,112,293 13,280,874 2,714,418 7,039,882 8,606,023 4,883,969
0 44,637,459
0 954,151 196,667
4,000 0
5,560 9,500
0 7,500 69,500 200,867 120,000 1,567,745
0
9,846,715 7,997,201
448,929 403,199 112,380 136,122 277,396 385,053
73,000 13,435 9,846,715 9,846,715
36,732,327 18,555,435 2,330,783
543,683 150,000

538

JOURNAL OF THE SENATE

Equipment ..................................................................................................$ Real Estate Rentals...................................................................................$ Per Diem, Fees and Contracts..................................................................$ Computer Charges .....................................................................................$ Telecommunications..................................................................................^ Capitol Felony Expenses ...........................................................................$ Contracts for Regional Planning
and Development....................................................................................$ Local Assistance Grants............................................................................$ Appalachian Regional Commission Assessment.....................................$ HUD - Community Development Block Pass
thru Grants ...........................................................................................$ Payment to Georgia Environmental
Facilities Authority ................................................................................$ Community Service Grants ......................................................................$ Home Program ...........................................................................................$ ARC-Revolving Loan Fund .......................................................................$ Local Development Fund ..........................................................................$ Downtown Redevelopment Loan Program ..............................................$ Payments to Georgia Music Hall of Fame ..............................................$ Payment to State Housing Trust Pund...................................................$ Payments to Sports Hall of Fame............................................................$ Regional Economic Business Assistance Grants ....................................$ State Commission on National and Community
Service.....................................................................................................$ EZ/EC Administration...............................................................................$ EZ/EC Grants.............................................................................................$ Regional Economic Development Grants ................................................$ Contracts for Homeless Assistance..........................................................$ HUD Section 8 Rental Assistance ...........................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$

414,214 1,395,731 1,822,660
790,035 507,228
0
2,559,945 7,174,250
133,355
30,000,000
2,391,383 5,000,000 2,717,047
0 650,000 247,250 757,051 3,281,250 917,937 5,225,000
616,338 189,073
0 1,187,500 1,250,000 50,000,000 140,807,148 36,732,327

Departmental Functional Budgets

Total Funds

State Funds

Executive Division Planning and Management Division Business and Financial Assistance
Division Housing and Finance Division Accounting, Budgeting said
Personnel Division Rental Assistance Division Administrative and Computer
Support Division Georgia Music Hall of Fame
Division Community Service Division External Affairs Division Total

$

7,322,413 $

$

4,612,948 $

$

39,023,364 $

$

7,552,959 $

$

6,137,471 $

$

55,352,503 $

$

3,939,673 $

$

1,699,708 $

$

10,632,637 $

$

4,533,472 $

$ 140,807,148 $

6,962,175 4,399,392
7,498,237 2,717,047
4,797,263 0
2,689,324
0 3,676,824 3,992,065 36,732,327

MONDAY, MARCH 1, 1999

539

Section 8. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation.............................................................$ Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel..........................................................................................................$ Motor Vehicle Purchases ...........................................................................$ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications..................................................................................^ Per Diem, Fees and Contracts..................................................................$ Capital Outlay............................................................................................$ Utilities .......................................................................................................$ Court Costs.................................................................................................$ County Subsidy..........................................................................................$ County Subsidy for Jails...........................................................................$ County Workcamp Construction Grants .................................................$ Central Repair Fund .................................................................................$ Payments to Central State Hospital for Meals ......................................$ Payments to Central State Hospital for Utilities ...................................................................................................$ Payments to Public Safety for Meals ......................................................$ Inmate Release Fund ................................................................................$ Health Services Purchases........................................................................$ Payments to MAG for Health Care Certification..................................^ University of Georgia - College of Veterinary Medicine Contracts ................................................................................$ Minor Construction Fund .........................................................................$ Total Funds Budgeted...........................................................................$ Indirect DOAS Funding.....................................................,..................$ Georgia Correctional Industries ........................................................$ State Funds Budgeted...........................................................................$

782,170,390 521,169,928 63,039,247
2,424,401 2,194,938 3,964,660 5,580,060 6,023,610 6,885,410 17,403,223
0 22,941,813
1,200,000 21,888,333 11,269,055 26,500,000
1,093,624 3,784,700
1,556,055 577,160
1,458,972 80,460,040
66,620
366,244 894,000 802,742,093 450,000
0 782,170,390

Departmental Functional Budgets

Total Funds

State Funds

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 .......................................................

43,491,514 13,143,708 9,058,203 63,742,585
673,306,083
802,742,093

42,984,514 12,843,708 9,058,203 63,262,585 654,021,380 782,170,390
47,017,963 36,587,988
1,692,700 565,000 272,500 194,425

540

JOURNAL OF THE SENATE

Computer Charges .....................................................................................$ Real Estate Rentals...................................................................................! Telecommunications...................................................................................! Per Diem, Fees and Contracts..................................................................! County Jail Subsidy..................................................................................! Health Services Purchases........................................................................! Total Funds Budgeted...........................................................................! State Funds Budgeted.... .......................................................................!

591,200 2,920,000
965,000 2,343,650
860,500 25,000
47,017,963 47,017,963

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.... .......................................................................$

5,538,547 11,468,131 10,398,783
42,375 0
12,000 59,211 24,400 97,973 514,200
0 22,617,073
5,538,547

Departmental Functional Budgets

Total Funds

State Funds

Office of the Adjutant General Georgia Air National Guard Georgia Army National
Guard Total

$

1,797,318 $

!

5,910,336 $

$

14,909,419 $

!

22,617,073 $

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 .............................................................................................$

1,541,077 683,290
3,314,180 5,538,547
4,827,307,403
36,659,106 7,391,508 1,376,889 0 93,497
21,291,061 1,351,240 1,227,256
57,137,664 793,952 0
1,172,174,614 987,512,204 410,106,751

MONDAY, MARCH 1, 1999

541

High School Laboratories..........................................................................$ Vocational Education Laboratories ..........................................................$ Special Education ......................................................................................$ Gifted ..........................................................................................................$ Remedial Education...................................................................................$ Staff Development and Professional
Development ...........................................................................................$ Media ..........................................................................................................$ Indirect Cost...............................................................................................$ Pupil Transportation................................................................................^ Local Fair Share ........................................................................................$ Mid-Term Adjustment Reserve.................................................................$ Teacher Salary Schedule Adjustment......................................................$ Other Categorical Grants: Equalization Formula................................................................................$ Sparsity Grants..........................................................................................$ In School Suspension.................................................................................$ Special Instructional Assistance ..............................................................$ Middle School Incentive ............................................................................$ Special Education Low - Incidence Grants .............................................$ Limited English-Speaking Students Program ........................................$ Non-QBE Grants: Education of Children of Low-Income Families .....................................$ Retirement (H.B. 272 and H.B. 1321).....................................................$ Instructional Services for the Handicapped............................................$ Tuition for the Multi-Handicapped..........................................................$ Severely Emotionally Disturbed...............................................................$ School Lunch (Federal)..............................................................................$ School Lunch (State) .................................................................................$ State and Local Education Improvement................................................$ Supervision and Assessment of Students and
Beginning Teachers and 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...........................................................................................$ Year 2000 Project Funding .......................................................................$ 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 .................................................................................$

199,517,094 140,115,200 496,109,697 87,917,703 107,842,382
35,306,586 126,497,757 769,988,915 151,357,028 (806,623,477) 86,558,048
0
204,279,413 3,158,000
30,151,010 103,079,409 93,216,695
620,134 22,468,186
235,850,010 5,508,750 54,732,103 2,300,000 49,458,630
188,375,722 33,469,043
4,962,356
1,491,147 10,496,210 3,699,262 31,291,008 3,884,639 3,603,824 12,205,002
293,520 2,907,636
756,500 981,050 1,033,871 89,190,742 9,913,513
17,650,639 749,301
1,690,215

542

JOURNAL OF THE SENATE

Next Generation School Grants ...............................................................$ Drug Free School (Federal).......................................................................$ At Risk Summer School Program............................................................$ Emergency Immigrant Education Program ............................................$ Title II Math/Science Grant (Federal).....................................................$ Robert C. Byrd Scholarship (Federal)......................................................$ Health Insurance - Non-Cert. Personnel and
Retired Teachers.....................................................................................$ Pre-School Handicapped Program............................................................$ Mentor Teachers ........................................................................................$ Advanced Placement Exams.....................................................................$ Serve America Program............................................................................$ Youth Apprenticeship Grants ...................................................................$ Remedial Summer School .........................................................................$ Alternative Programs ................................................................................$ Joint Evening Programs............................................................................! Environmental Science Grants.................................................................$ Pay for Performance ..................................................................................$ Mentoring Program ...................................................................................$ Charter Schools..........................................................................................! Technology Specialist.................................................................................! Migrant Education.....................................................................................! Total Funds Budgeted...........................................................................! Indirect DOAS Services Funding ......................................................$ State Funds Budgeted...........................................................................!

500,000 11,625,943 4,632,785 1,227,493 5,042,895
1,047,000
99,547,892 18,613,363 1,250,000 1,608,000
382,597 4,340,000 1,689,931 12,924,311
267,333 100,000 7,618,000 500,000 1,164,604 15,401,836 274,395 5,504,928,593 340,000 4,827,307,403

Departmental Functional Budgets

Total Funds

State Funds

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

11,959,835 ! 45,756,179 !
1,261,927 ! 8,316,143 ! 7,463,466 ! 33,133,866 !
0!
5,377,956,420 $ 5,706,124 ! 4,748,090 ! 5,525,035 ! 3,101,508 !
5,504,928,593 !

B. Budget Unit: Lottery for Education...........................................! Pre-Kindergarten - Grants........................................................................! Pre-Kindergarten - Personal Service.......................................................! Pre-Kindergarten - Operations.................................................................! Applied Technology Labs ..........................................................................$ Financial and Management Equipment..................................................! Alternative Programs................................................................................! Educational Technology Centers ..............................................................$

9,964,952 39,901,646
1,184,338 6,027,581
482,894 31,437,995
0 4,722,347,154
5,295,437 4,508,563 5,044,293 1,112,550 4,827,307,403
324,585,972 209,288,979
1,992,303 5,047,677 3,300,000 9,006,730
0 660,000

MONDAY, MARCH 1, 1999

543

Distant Learning - Satellite Dishes.........................................................$ Fort Discovery National Science Center .................................................$ Capital Outlay............................................................................................! Post Secondary Options .....,......................................................................$ Learning Logic Sites..................................................................................$ Assistive Technology..................................................................................$ Computers in the Classroom....................................................................$ Total Funds Budgeted...........................................................................$ Lottery Funds Budgeted ......................................................................$

0 1,500,000 60,938,547 4,064,736
0 2,000,000 26,787,000 324,585,972 325,585,972

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...........................................................................!

673,425 2,498,569
245,100 22,000 0 1,450
2,599,117 327,900 44,001
1,363,105 673,425
7,774,667 673,425

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...........................................................................!

38,218,400 29,062,867
5,753,394 162,613
1,541,975 4,169,581
347,500 21,420 1,160,555 813,221
0 28,500 60,000 241,752 43,363,378 38,218,400

Departmental Functional Budgets

Total Funds

State Funds

Reforestation

!

Field Services

$

General Administration

and Support

$

Total

!

Section 13. Georgia Bureau of Investigation.

2,057,502 $ 36,829,387 $
4,476,489 $ 43,363,378 $

28,901 33,881,165
4,308,334 38,218,400

544

JOURNAL OF THE SENATE

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...........................................................................!

53,289,340 40,274,591
5,317,001 441,379 294,000
1,252,540 1,755,400
380,645 1,014,739 2,075,045
484,000 0
53,289,340 53,289,340

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

$

4,378,333 $

$

25,861,032 $

$

9,765,301 $

$

13,284,674 $

$

53,289,340 $

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...........................................................................! Transition Fund.........................................................................................!

4,378,333 25,861,032
9,765,301 13,284,674 53,289,340
51,024,074 16,836,717
1,053,218 242,403 0 99,204 672,698
1,074,101 486,884
3,890,769 3,279,146
40,000 12,861,789
148,913 4,010,000
241,500 175,000
0 262,605 1,915,800 100,000 684,400 1,085,968
0 57,000 50,000

MONDAY, MARCH 1, 1999

545

Flood - Contingency...................................................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted......... ..................................................................$

10,000,000 59,268,115 51,024,074

Departmental Functional Budgets

Total Funds

State Funds

Governor's Office Office of Equal Opportunity Office of Planning and Budget Council for the Arts Office of Consumer Affairs Georgia Information Technology
Policy Council Criminal Justice Coordinating
Council Children and Youth Coordinating
Council Human Relations Commission Professional Standards Commission Georgia Emergency Management
Agency Governor's Commission for the
Privatization of Government Services Total

26,379,848 $ 1,055,863 $ 7,917,274 $ 5,282,330 $ 3,406,398 $
693,695 $
1,417,092 !
2,753,055 $ 308,849 $
4,982,203 $
5,071,508 $
0$ 59,268,115

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...................................................! Operating Expenses...................................................................................! Total Funds Budgeted...........................................................................! Indirect DOAS Services Funding ......................................................$ State Funds Budgeted...........................................................................!
Departmental Functional Budgets

26,379,848 796,693
7,917,274 4,649,681 3,287,398
693,695
307,193
583,967 308,849 4,982,203
1,117,273
0 51,024,074
1,217,194,421
75,289,056 2,804,309 1,734,518 1,573,678
111,313 4,667,716 9,672,474 45,057,557 9,344,247
0 46,736,389 55,927,874
89,214 830,352 22,413,965 1,278,116 714,564 278,245,342 3,982,840 158,086,253

546

JOURNAL OF THE SENATE

Total Funds

State Funds

Commissioner's Office Office of Planning and Budget
Services Office of Adoption Children's Community Based
Initiative Troubled Children's Placements Human Resources Development Rural Health 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 Transportation Services Indirect Cost Policy and Government Services Aging Services State Health Planning Agency DD Council Total

$

1,063,023 $

1,063,023

$

4,099,356 $

4,099,356

$

7,496,417 $

5,430,588

$

8,477,499 $

8,102,499

$

1,285,580 $

1,285,580

$

111,648 $

111,648

$

46,736,389 $

33,585,726

$

83,779,292 $

46,778,190

$

5,326,156 $

4,076,660

$

592,106 $

582,106

$

3,119,082 $

3,092,513

$

10,775,409 $

5,099,493

$

6,440,923 $

2,318,527

$

7,095,283 $

5,745,248

$

1,932,078 $

1,932,078

$

7,000,098 $

7,000,098

$

9,175,212 $

767,434

$

0 $ (14,714,419)

$

1,297,150 $

1,297,150

$

68,930,274 $

38,654,945

$

1,828,646 $

1,728,646

$

1,683,721 $

49,164

$ 278,245,342 $ 158,086,253

2. Public Health Budget: Personal Services ..................................... Travel........................................................ Real Estate Rentals.................................
Special Purpose Contracts. .....................
Total Funds Budgeted......................... Indirect DOAS Services Funding .... State Funds Budgeted........ .................

49,747,200

75,501,063

850,046

0

195,367

,$

1,283,987

$

5,178,731

$

0

.$

904,761

,,$

330,732

,.$

16,723,789

,.$ 142,417,964

,.$

34,500

.$

190,457

5,222,222

298,580,819

,$

324,160

$ 161,790,916

Departmental Functional Budgets

Total Funds

State Funds

MONDAY, MARCH 1, 1999

547

District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack
Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and
Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children
Nutrition 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 Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS 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.................................

13,187,156 $ 1,621,801 $ 1,728,103 $

13,060,221 1,343,698 1,402,928

2,264,400 $ 4,556,076 $

1,151,788 3,789,257

5,148,516 $ 3,142,667 $ 10,914,939 $

5,148,516 1,081,142 5,837,156

83,836,266 $ 71,867,335 $ 13,224,198 $ 3,781,966 $
1,541,005 $ 1,709,774 $ 1,566,915 $ 5,858,685 $
947,765 $ 1,072,210 $ 2,642,740 $
213,052 $ 583,309 $ 5,292,059 $ 1,899,972 $ 358,474 $ 1,951,438 $ 539,144 $ 1,970,860 $ 6,888,271 $ 173,874 $ 10,562,837 $ 10,740,045 $ 13,257,102 $ 181,710 $ 13,356,155 $

0 70,713,563 6,532,632 2,431,253
1,433,783 1,457,633
0 4,360,684
647,705 584,991 1,161,007 213,052 583,309 5,292,059 1,642,788 215,836 1,696,341 539,144 1,458,987 6,618,271 173,874 6,118,781 2,640,380 2,906,090 164,213 11,015,451

$

0 $ (1,625,617)

$ 298,580,819 $ 161,790,916

83,971,553 11,608,147
1,567,496 50,582
803,072 5,103,781 10,841,499
302,541

548

JOURNAL OF THE SENATE

Telecommunications............................... Case Services.......................................... Special Purpose Contracts .................... Purchase of Services Contracts............ Major Maintenance and Construction. Utilities................................................... Postage.................................................... Total Funds Budgeted....................... Indirect DOAS Services Funding .. State Funds Budgeted.......................
Departmental Functional Budgets
Total Funds

2,360,907 32,289,559
735,245 11,883,883
255,000 859,650 649,007 163,281,922 100,000 24,827,608
State Funds

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

$

62,830,592 $

$

768,949 $

$

511,903 $

$

10,471,695 $

$

1,634,051 $

$

744,540 $

$

46,035,799 $

$

12,333,607 $

$

27,950,786 $

$ 163,281,922 $

13,578,602 333,969 511,903
2,851,205 566,944 744,540 0 911,649
5,328,796 24,827,608

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...........................................................................$

30,010,070 4,405,294
885,885 0
443,950 3,745,843 27,026,214
0 1,059,070 3,992,945 281,422,326 7,067,433 258,239,622 31,016,860 2,037,559 339,077,955 990,431,026
0 358,858,882

Departmental Functional Budgets

Total Funds

State Funds

Director's Office

595,539 $

595,539

MONDAY, MARCH 1, 1999

549

Social Services Administrative Support Quality Assurance Community Services Field Management Human Resources Management Public Assistance Child Support Recovery Temporary Assistance for Needy
Families SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations -
Eligibility County DFACS Operations - Social Services Food Stamp Issuance 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

$

3,830,645 $

$

2,768,398 $

$

4,199,523 $

$

11,592,055 $

$

1,243,216 $

$

2,458,110 $

$

5,047,288 $

$

44,488,295 $

3,318,604 2,489,095 4,199,523 1,311,682 1,243,216 1,452,319 3,151,178 4,657,315

$ 271,131,764 $

$

1,122,012 $

$

2,799,420 $

$

7,223,130 $

53,247,444 1,122,012 0 0

$ 121,788,835 $

60,005,156

$ 100,017,177 $

$

3,190,752 $

37,725,200 0

$

8,649,308 $

2,530,614

$

85,839,926 $

39,671,326

$

22,782,709 $

8,507,737

$

45,257,515 $

15,861,742

$

4,290,503 $

2,520,990

$

36,785,262 $

23,915,275

$

15,693,415 $

11,320,907

$

6,646,142 $

5,798,815

$

19,610,612 $

14,010,181

$

10,044,785 $

8,218,081

$ 143,445,622 $

53,611,937

$

3,896,123 $

3,856,123

$

3,992,945 $

3,992,945

$

0$

(9,476,074)

$ 990,431,026 $ 358,858,882

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............................

290,156,988 50,366,612 200,000 10,239,760 3,223,161 340,653,552 694,840,073 1,313,100 513,630,762

Departmental Functional Budgets

Total Funds

State Funds

550

JOURNAL OF THE SENATE

Southwestern State Hospital Augusta Regional Hospital 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 Substance Abuse Residential
Services Community Mental Health
Services Community Mental Retardation
Services Community Substance Abuse
Services State Administration Regional Administration Total

37,317,489 $ 15,642,617 $
27,519,374 $
41,882,261 $ 118,468,958 $
17,709,411 $
53,750,270 $
19,986,906 $ 3,975,087 $ 1,091,647 $
552,908 $
176,931,215 $
96,670,593 $
69,845,218 $ 8,394,444 $ 5,101,675 $
$ 694,840,073 $

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 .......................................................$

22,447,722 13,755,725
17,097,991
30,901,924 77,795,168
16,078,590
29,700,574
17,200,667 3,056,433
955,131
0
171,000,084
65,498,114
37,989,981 5,829,287 4,323,371
513,630,762
529,174,867 94,318,813 5,037,945 1,824,260 1,553,702 14,801,327 52,718,918 45,360,098 13,668,985 51,081,176 340,653,552 32,289,559 3,992,945
281,422,326 8,133,410
304,976,011 115,552,406 142,417,964
3,601,875 11,099,410 3,707,375 22,413,965

MONDAY, MARCH 1, 1999

551

Grants to County DFACS - Operations...................................................$ Medical Benefits ........................................................................................$

340,356,071 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.........................................................................$ Waterway Development in Georgia..........................................................$ Lanier Regional Watershed Commission.................................................$ Total Funds Budgeted...........................................................................! State Funds Budgeted...........................................................................!

23,256,380 11,373,225 1,446,549
647,475 16,200 95,067
459,480 848,245 400,700 1,663,030 250,600 6,005,809
0 0 50,000 0 23,256,380 23,256,380

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning and Research Total

8,178,950 $ 4,574,038 $ 1,766,560 $ 4,534,149 $ 1,534,279 $ 2,668,404 $ 23,256,380 $

8,178,950 4,574,038 1,766,560 4,534,149 1,534,279 2,668,404 23,256,380

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..................................

15,781,902 14,486,323
689,017 446,000 122,500
46,879 160,778 816,991 328,712 144,658
0 17,241,858 15,781,902

Departmental Functional Budgets

Total Funds

State Funds

552

JOURNAL OF THE SENATE

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home
Regulations Special Insurance Fraud Fund Total

$

4,210,382 $

4,210,382

$

6,095,406 $

6,095,406

$

620,037 $

620,037

$

5,511,356 $

4,051,400

$

804,677 $

804,677

$

17,241,858 $

15,781,902

Section 18. Department of Juvenile Justice. Budget Unit: Department of Juvenile Justice ...............................$ Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel.......................................... ................................................................$ Motor Vehicle Purchases...........................................................................$ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications..................................................................................^ Per Diem, Fees and Contracts..................................................................$ Utilities .......................................................................................................$ Institutional Repairs and Maintenance...................................................$ Grants to County-Owned Detention Centers..........................................$ Service Benefits for Children ...................................................................$ Purchase of Service Contracts..................................................................$ Capital Outlay............................................................................................$ Juvenile Justice Reserve...........................................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$

215,253,274 125,616,777
13,945,080 1,346,330
536,615 605,778 2,129,328 2,051,185 1,404,873 13,236,729 3,540,020 652,485
0 24,020,998 30,330,105
1,307,545 0
220,723,848 215,253,274

Departmental Functional Budgets

Total Funds

State Funds

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

44,867,224 18,459,161 12,727,620 7,920,663 6,662,309 16,506,511 27,237,559 11,927,061 22,507,398
413,799 1,028,644 26,263,205
150,000 1,955,246
551,455 3,981,645

44,303,826 17,795,649 12,221,190 7,670,679 6,364,750 15,838,421 26,407,384 11,567,061 22,244,903
413,799 1,028,644 25,304,872
150,000 1,955,246
551,455 3,891,645

MONDAY, MARCH 1, 1999

553

Youth Services Administration Total

$

17,564,348 $

$ 220,723,848 $

Section 19. Department of Labor. Budget Unit: Department of Labor .................................................$ Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel..........................................................................................................$ Motor Vehicle Purchases...........................................................................$ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications...................................................................................! Per Diem, Fees and Contracts (JTPA) ....................................................$ Per Diem, Fees and Contracts..................................................................$ W.I.N. Grants .............................................................................................$ Payments to State Treasury.....................................................................$ Capital Outlay............................................................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$

Section 20. Department of Law. Budget Unit: Department of Law.....................................................$ Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel..........................................................................................................$ Motor Vehicle Purchases ...........................................................................$ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications...................................................................................! Per Diem, Fees and Contracts..................................................................$ 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...........................................................................!

17,543,750 215,253,274
11,251,054 76,580,323 6,891,518
1,339,327 0
465,488 3,200,000 2,017,900 1,467,439 54,500,000 5,348,867
0 1,774,079
0 153,584,941
11,251,054
13,837,210 13,068,257
816,949 199,322
0 21,000 305,201 826,548 145,924 16,160,000 147,000 31,690,201 13,837,210
1,198,280,467 19,405,881 5,732,000 312,930 165,000 222,000 40,361,600 892,880 566,600 114,237,915
3,233,995,300 772,500
3,416,664,606 1,198,280,467

554

JOURNAL OF THE SENATE

Departmental Functional Budgets Total Funds

State Funds

Commissioner's Office Benefits, Penalties and
Disallowances System Management Indemnity Chronic Care Quality, Eligibility and Third
Party Liability Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care General Administration Total

$

1,720,407 $

$ 3,233,995,300 $

$

46,442,745 $

$

6,411,348 $

$

3,759,211 $

$

3,134,856 $

$

7,524,607 $

$

7,304,892 $

$

54,209,831 $

$

52,161,409 $

$ 3,416,664,606 $

B. Budget Unit: Indigent Trust Fund .............................................$ Per Diem, Fees and Contracts..................................................................$ Benefits .......................................................................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$

C. Budget Unit: PeachCare for Kids................................................$ Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel..........................................................................................................$ Motor Vehicle Purchases...........................................................................$ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications..................................................................................^ Per Diem, Fees and Contracts..................................................................$ PeachCare Benefits....................................................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$

Section 22. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration.........................................................$ Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel ..........................................................................................................$ Equipment ..................................................................................................$ Real Estate Rents......................................................................................$ Per Diem, Fees and Contracts..................................................................$ Computer Charges.....................................................................................$ Telecommunications..................................................................................^ Health Insurance Payments .....................................................................$ Total Funds Budgeted...........................................................................! Federal Funds .........................................................................................$ Other Agency Funds..............................................................................$

794,527
1,143,353,658 12,998,623 2,521,414
1,376,806 1,520,621 2,655,223 3,293,271 26,957,164 2,809,160 1,198,280,467
148,828,880 8,200,000
364,183,084 372,383,084 148,828,880
8,623,130 410,607 407,634 50,000 0 12,000 271,700 0 14,950
6,060,893 25,421,432 32,649,216 8,623,130
32,500,000 9,324,819 1,948,626 107,000 30,495 895,630
261,302,453 3,613,928 337,915
958,879,243 1,236,440,109
0 1,139,025

MONDAY, MARCH 1, 1999

555

Agency Assessments ..................................... Employee and Employer Contributions.. Deferred Compensation............................... State Funds Budgeted..................................
Departmental Functional Budgets
Total Funds

10,239,210 1,192,213,501
348,373 32,500,000
State Funds

Executive Office Human Resource Administration Employee Benefits Internal Administration Children's Health Insurance Program Total

1,564,340 5,314,686 1,225,138,628 4,422,455
0 1,236,440,109

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.....................................,..............................................$ 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

0 0 32,500,000 0 0 32,500,000
109,910,803 77,269,779 14,195,445 623,961 1,805,910 2,591,559 2,444,702 10,668,329 836,964 1,282,872 0 1,050,000 1,304,556
1,082,457 3,088,000
213,750 722,330 350,000 1,300,000 26,250
0 500,000
800,000 161,000 500,000
0
0 0
170,047 208,272

556

JOURNAL OF THE SENATE

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...........................................................................$

300,000
0 36,015 12,790,539 6,132,574
2,352,071 100,000
144,907,382
891,069
0
2,663,931
1,429,219 200,000
109,910,803

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic
Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Total

$

5,180,869 $

5,165,869

$

4,128,106 $

4,128,106

$

2,851,772 $

2,361,772

$

38,348,533 $

19,483,646

$

2,546,030 $

2,051,312

$

37,774,481 $

32,427,690

$

53,118,838 $

43,333,655

$

958,753 $

958,753

$ 144,907,382 $ 109,910,803

B. Budget Unit: Georgia Agricultural Exposition Authority ................................................
Personal Services ................................................................. Regular Operating Expenses..............................................
Motor Vehicle Purchases.................................................... .......................$ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications..................................................................................^ Per Diem, Fees and Contracts..................................................................$ Capital Outlay............................................................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted........................................................................... $

0 2,920,177 2,304,978
25,000 0
95,000 40,000
0 70,000 695,000
0 6,150,155
0

Departmental Functional Budgets

Total Funds

State Funds

MONDAY, MARCH 1, 1999

557

Georgia Agricultural Exposition Authority

6,150,155

0

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.....................................................................................! State Patrol Posts Repairs and Maintenance.........................................! Driver License Processing.........................................................................! Total Funds Budgeted...........................................................................! Indirect DOAS Service Funding........................................................! State Funds Budgeted...........................................................................!

104,480,478
63,329,195 7,801,357 104,095 4,311,500 288,190 3,147,710 28,962 1,944,147 1,132,000 145,100 0 0
82,232,256 1,650,000
80,582,256
19,190,478 1,112,113
61,941 0
62,343 9,000 47,262 273,300 69,000
0 303,651
34,900 2,734,234 23,898,222
0 23,898,222

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

21,763,287 23,898,222 60,468,969 106,130,478 !

B. Budget Unit: Units Attached for Administrative Purposes Only ........................................
Attached Units Budget: Personal Services...................................................................

20,263,287 23,898,222 60,318,969 104,480,478
14,843,486
8,293,835

558

JOURNAL OF THE SENATE

Regular Operating Expenses ................................. Travel....................................................................... Motor Vehicle Purchases........................................ Equipment............................................................... Computer Charges.................................................. Real Estate Rentals................................................ Telecommunications................................................ Per Diem, Fees and Contracts............................... Highway Safety Grants.......................................... Training of Personnel under the Georgia Peace
Officer Standards and Training Act................. Capital Outlay......................................................... Total Funds Budgeted........................................ State Funds Budgeted........................................
Departmental Functional Budgets
Total Funds

2,587,526 94,010 64,220
393,546 148,442 156,997 207,037 488,533 2,425,200
3,603,386 300,000
18,762,732 14,843,486
State Funds

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

3,118,086 $
1,514,787 $ 1,161,166 $ 1,149,978 $
456,885 $
11,361,830 $ 18,762,732 $

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..................................................................

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

348,840
1,514,787 1,071,166 1,039,978
456,885
10,411,830 14,843,486
17,642,000 575,000
17,067,000 17,642,000 17,642,000
9,543,799 7,767,274
670,486 278,106 309,500
71,526 404,786 330,108 168,202 2,379,981 12,379,969 9,543,799

MONDAY, MARCH 1, 1999

559

Total Funds

State Funds

Administration Transportation Utilities Total

3,243,720 $

4,186,195 $

$

4,950,054 $

12,379,969 $

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................................................................................$ 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 ....................................................................$

3,243,720 1,580,886 4,719,193 9,543,799
1,398,804,942
1,455,407,686 215,731,047
454,183,917 637,169,805
31,420,581 990,354 361,267 954,461
46,710,000 17,167,263 2,860,096,381 103,648,940 852,900,852 501,702,147 3,039,500 1,398,804,942
191,622,861
290,767,410 118,215,795
130,524,657 70,293,453
0 2,632,448
17,127,687
4,312,000 1,974,000
176,400 7,660,000 7,394,890
500,000 4,567,076 5,577,775 1,588,578
600,000

560

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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
Total Funds

200,000 1,276,071
179,214
16,474,791 480,000
682,522,245 3,576,811
199,211,819 287,567,254
543,500 191,622,861
State Funds

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 Georgia Board for Physician Workforce Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Total

$

2,366,695

$

5,206,075

$

1,631,699

$ 109,739,028

$

17,127,687 $

$

71,960,073 $

$

58,273,929 $

$ 345,265,352 $

3,174,529 $

$

5,205,161 $

$

27,787,441 $

$

3,511,664 $

$

3,484,976 $

$

27,787,936 $

$ 682,522,245 $

C. Budget Unit: Georgia Public Telecommunications Commission .........................$
Personal Services .......................................................................................$ Operating Expenses...................................................................................$ General Programming...............................................................................$ Distance Learning Programming .............................................................$ Capital Outlay............................................................................................$ Total Funds Budgeted...........................................................................$ Other Funds.............................................................................................$ State Funds Budgeted...........................................................................$

1,515,836 1,731,075 1,066,845 9,299,364
7,692,033 42,320,924 34,086,429
34,591,288
3,174,529
545,004
27,787,441 0
131,006 27,681,087 191,622,861
0 10,334,700 8,870,865 3,889,958 6,702,234
90,000 29,887,757 29,887,757
0

MONDAY, MARCH 1, 1999

561

D. Budget Unit: Lottery for Education...........................................$ Equipment, Technology and Construction Trust
Fund ........................................................................................................$ Georgia Public Telecommunications Commission...................................$ Internet Connection Initiative..................................................................$ Special Funding Initiatives.......................................................................$ Georgia Military College - Equipment ....................................................$ Total Funds Budgeted...........................................................................$ Lottery Funds Budgeted ......................................................................$

26,885,000
15,000,000 2,000,000 2,219,000 7,466,000
200,000 26,885,000 26,885,000

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...........................................................................$

113,297,564 64,948,662 5,288,064
1,162,429 207,300
1,416,812 13,075,468 3,179,425 2,618,339 1,921,600 3,422,795
0 2,404,350 3,574,944 15,453,831 118,676,019 3,845,000 113,297,564

Departmental Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Information Systems 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................;........................................

$

30,174,813

6,736,661

12,457,935

17,355,208

8,489,277

18,920,612

8,680,937

4,815,402

4,116,455

20,000

4,430,892

2,477,827

118,676,019

30,174,813 6,586,661 11,442,735 17,215,208 8,189,277 17,620,612 8,680,937 3,081,947 4,016,455 20,000 3,791,092 2,477,827
113,297,564
29,641,611 18,387,545 3,354,702
245,300

562

JOURNAL OF THE SENATE

Motor Vehicle Purchases...........................................................................$ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications...................................................................................$ Per Diem, Fees and Contracts..................................................................$ Election Expenses ......................................................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$

105,650 131,482 3,016,336 2,474,252 814,690 1,559,154 597,500 30,686,611 29,641,611

Departmental Functional Budgets

Total Funds

State Funds

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

$

4,562,718 $

4,532,718

$

5,035,638 $

4,960,638

$

2,610,676 $

1,890,676

$

2,017,587 $

1,967,587

$

4,348,582 $

4,328,582

$

1,247,851 $

1,247,851

$

388,710 $

388,710

$

10,241,898 $

10,091,898

$

232,951 $

232,951

$

30,686,611 $

29,641,611

B. Budget Unit: Real Estate Commission .......... Travel. ............................ .................................................
Real Estate Rentals....................................................... Total Funds Budgeted.............. ........................... ...... State Funds Budgeted... ...................................... ......

..$

2,272,618

..$

1,383,094

..$

166,400

..$

15,000

..$

29,000

..$

7,639

..$

181,400

..$

170,085

..$

187,000

..$

133,000

..$

2,272,618

..$

2,272,618

Departmental Functional Budgets

State Funds

Cost of Operations

Real Estate Commission

$

2,272,618

Section 30. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission................................................................... Personal Services ..................................................................................... Regular Operating Expenses ................................................................... Travel........................................................................................................ Motor Vehicle Purchases.........................................................................

2,312,618
2,194,317 1,345,344
245,178 41,650 27,464

MONDAY, MARCH 1, 1999

563

Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications...................................................................................$ Per Diem, Fees and Contracts..................................................................$ County Conservation Grants ....................................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$

13,188 13,800 118,648 26,788 432,157 121,500 2,385,717 2,194,317

Section 31. Student Finance Commission. A. Budget Unit: Student Finance Commission.................................................................$ Personal Services.......................................................................................$ Regular Operating Expenses ....................................................................$ Travel..........................................................................................................! Motor Vehicle Purchases...........................................................................$ Equipment..................................................................................................! Computer Charges.....................................................................................! Real Estate Rentals...................................................................................! Telecommunications...................................................................................! Per Diem, Fees and Contracts..................................................................! Payment of Interest and Fees..................................................................! Guaranteed Educational Loans................................................................! Tuition Equalization Grants.....................................................................! Student Incentive Grants .........................................................................$ Law Enforcement Personnel Dependents' Grants..................................! North Georgia College ROTC Grants......................................................! North Georgia College Graduates Scholarship.......................................! Osteopathic Medical Loans.......................................................................! Georgia Military Scholarship Grants ......................................................$ Paul Douglas Teacher Scholarship Loans ...............................................$ Work Incentive for Students.....................................................................! Total Funds Budgeted...........................................................................! State Funds Budgeted...........................................................................!

33,478,570 534,451 22,680 18,000 0 7,500 38,822 46,000 18,691 91,800 0
4,510,455 25,749,053
500,000 86,000 337,500 68,500 100,000 808,368
0 540,750 33,478,570 33,478,570

Departmental Functional Budgets

Total Funds

State Funds

Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

!

32,700,626 $

!

777,944 !

!

33,478,570 $

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.................................................................................!

32,700,626
777,944 33,478,570
215,153,022 117,418,487 29,888,210 26,527,997
7,167,088 28,029,000
771,210 220,530 3,500,000

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Promise Scholarships ................................................................................$ Engineer Scholarships...............................................................................! Total Funds Budgeted...........................................................................$ Lottery Funds Budgeted ......................................................................$

1,107,000 523,500
215,153,022 215,153,022

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...........................................................................$

3,800,000 6,259,990
366,100 20,500
0 5,700 1,165,717 527,355 279,665 329,300
0 3,550,000
250,000 12,754,327 3,800,000

Section 33. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education.........................................................$ Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel..........................................................................................................$ Motor Vehicle Purchases...........................................................................$ Equipment ..................................................................................................$ Real Estate Rentals...................................................................................$ Per Diem, Fees and Contracts..................................................................$ Computer Charges .....................................................................................$ Telecommunications...................................................................................! Salaries and Travel of Public Librarians................................................$ Public Library Materials...........................................................................$ Talking Book Centers................................................................................$ Public Library Maintenance and Operation ...........................................$ Capital Outlay............................................................................................$ Personal Services-Institutions................ ..................................................$ Operating Expenses-Institutions..............................................................$ Area School Program.................................................................................$ Adult Literacy Grants ...............................................................................$ Regents Program .......................................................................................$ Quick Start Program.................................................................................$ Total Funds Budgeted...........................................................................! State Funds Budgeted...........................................................................!

247,491,549 6,640,013 597,890 165,100 0 192,271 742,246 769,575 1,002,182 146,786 15,833,471 5,972,145 1,075,353 7,947,385 0
187,142,492 57,257,137
6,274,488 19,592,382 3,615,148 10,781,810 325,747,874 247,491,549

Departmental Functional Budgets

Total Funds

State Funds

Administration

10,256,063 $

7,172,413

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565

Institutional Programs Total

315,491,811 325,747,874

240,319,136 247,491,549

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 ......................................................................$

26,809,346
0
0 20,809,346
6,000,000 26,809,346 26,809,346

Section 34. Department of Transportation. Budget Unit: Department of Transportation...............................^ Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel..........................................................................................................$ Motor Vehicle Purchases................ ...........................................................$ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications..................................................................................^ Per Diem, Fees and Contracts..................................................................$ Capital Outlay............................................................................................$ Capital Outlay - Airport Aid Program ....................................................$ Mass Transit Grants .................................................................................$ Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations ............................................$ Contracts with the Georgia Rail Passenger Authority...............................................................................$ Total Funds Budgeted...........................................................................$ State Funds Budgeted...........................................................................$

598,154,925 262,742,052
62,239,702 2,024,000 2,000,000 7,944,070 14,397,650 1,333,768 3,269,333 60,563,553 816,827,596 2,241,866 11,543,887
710,855
341,250 1,248,179,582
598,154,925

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total
General Funds Budget

910,011,135 $ 245,787,351 $
17,851,383 $ 32,000,472 $ 1,205,650,341 $

282,120,458 233,363,366
17,291,383 31,216,797 563,992,004

Planning and Construction Maintenance and Betterments Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities Total

21,250,000 0
3,193,115 17,375,271
710,855 $ 42,529,241 $

21,250,000 0
2,732,369 9,469,697
710,855 34,162,921

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Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service. ............................$ Personal Services .......................................................................................$ Regular Operating Expenses ....................................................................$ Travel..........................................................................................................! Motor Vehicle Purchases...........................................................................$ Equipment ..................................................................................................$ Computer Charges.....................................................................................$ Real Estate Rentals...................................................................................$ Telecommunications...................................................................................! Per Diem, Fees and Contracts..................................................................$ Capital Outlay............................................................................................$ Operating Expense/Payments to Medical College of Georgia ..................................................................................$ Regular Operating Expenses for Projects and Insurance................................................................................................! Total Funds Budgeted...........................................................................! State Funds Budgeted...........................................................................!

20,425,431 5,183,283 246,723 102,245 0 173,265 27,100 250,711 76,850 14,289,340 200,000
7,372,118
850,500 28,772,135 20,425,431

Departmental Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Nursing
Home-Augusta Total

21,144,017 $
7,628,118 ! 28,772,135 $

Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board................................! Personal Services.......................................................................................! Regular Operating Expenses....................................................................! Travel..........................................................................................................! Motor Vehicle Purchases...........................................................................! Equipment..................................................................................................! Computer Charges.....................................................................................! Real Estate Rentals...................................................................................! Telecommunications...................................................................................! Per Diem, Fees and Contracts..................................................................! Payments to State Treasury.....................................................................! Total Funds Budgeted...........................................................................! State Funds Budgeted...........................................................................!

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)......................................................................!

15,335,705
5,089,726 20,425,431
11,454,420 9,198,337
449,937 129,666
0 65,520 303,057 1,173,481 186,121 138,301
0 11,644,420 11,454,420
453,874,183 35,000,000
488,874,183
73,742,506

MONDAY, MARCH 1, 1999

567

Motor Fuel Tax Funds (New)...................................................................$

0 73,742,506

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 Su preme 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 distribut ing 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 contribu tions 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 au thorized 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 Su perior 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 cre ated by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Ju dicial 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 Assem bly 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 selfinsurance 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 commis sioner 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.

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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, mu nicipalities, 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 emer gency-type water and sewer projects.

Provided, that from the appropriation made above for "Local Assistance Grants", spe cific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Atlanta

Operation of the School of Library and Information Services Graduate Program Clark Atlanta University

$

75,000

City of Warner Robins

Operation of the Aviation Museum

$

90,000

Wilkes County

Wilkes County Airport Development

$

86,250

Lowndes County

Improvements to historic Lowndes County courthouse

$

50,000

Tombs County

Purchase an automated electronic sign for Southeastern Vocational Tech

$

40,000

Crawford County Board of Education

Major repair improvements to Crawford County High School

$

375,000

City of Homerville

Purchase of land

$

38,000

Cobb County

Land purchase and restoration of the Mable House Estate

$ 5,000,000

Long County

For county administration expenses

$

160,000

City of Warner Robins

Construction of an educational facility at the Georgia Aviation Hall of Fame

$ 1,000,000

Towns County

Purchase a bookmobile for the Mountain Regional Library

$

100,000

Decatur County

Purchase a bookmobile for the Southwest Regional Library

$

80,000

Towns County

Purchase a bookmobile for the Screven-Jenkins Regional Library

Section 41. Provisions Relative to Section 10,

$

80,000

MONDAY, MARCH 1, 1999

569

State Board of Education Department of Education.

The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,960.77. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsi ble for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.

Section 42. Provisions Relative to Section 11, Employees' Retirement System.

Funds are provided in this appropriation act for H.B. 661, H.B. 944, H.B. 1096, H.B. 1103 and S.B. 326.

Section 43. Provisions Relative to Section 15, Department of Human Resources.

The Department of Human Resources is authorized to calculate all Temporary Assitance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of ap plication; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 235

2

356

3

424

4

500

5

573

6

621

7

672

8

713

9

751

10

804

11

860

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

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts sub-object class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nurs ing, 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 Retar dation 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 allo-

570

JOURNAL OF THE SENATE

cation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans.
Section 44. Provisions Relative to Section 21, Department of Medical Assistance.
There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pur suant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Medicaid formulary restrictions, including prior authorization, shall be based on the in dividual patient's clinical and medical criteria and on cost-effectiveness.
Adjust nursing home reimbursement rates effective October 1, 1998 using the June 30, 1996 cost reports plus the appropriate DRI index in accordance with the existing reim bursement methodology.
It is the intent of the General Assembly that the Department of Medical Assistance de velop an acuity based payment system for nursing homes.
Provided, that dispensing fees for pharmacy provider's shall be increased five percent ef fective July 1, 1998.
Section 45. Provisions Relative to Section 22, Merit System of Personnel Administration.
The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 1999 shall not exceed 12.5%.
It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 1999 shall not exceed 8.66%.
Section 46. Provisions Relative to Section 23, Department of Natural Resources.
Provided, that to the extent State Parks and Historic Sites receipts are realized in ex cess 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.
Provided, that of the amount above for per diem, fees and contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 457-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta

MONDAY, MARCH 1, 1999

571

Ozone Nonattainment Area" means the geographic area of the state comprised of Bartow, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties.
Section 47. Provisions Relative to Section 24, Department of Public Safety.
Of the appropriation above for "Training of Personnel under the Georgia Peace Officer Standards and Training Act," $70,000 is specifically appropriated to fund 1995 Act No. 403, Ga. Laws 1995, pp. 880, codified in Code sections 35-8-2 and 35-8-24, concerning training requirements for jail officers and juvenile correctional officers.
Section 48. Provisions Relative to Section 32, Teachers' Retirement System.
It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.95% for S.F.Y. 1999.
Funds are provided in this appropriation act for H.B. 203, H.B. 943, H.B. 1081 and H.B.1096S.
Section 49. Provisions Relative to Section 33, Department of Technical and Adult Education.
To provide authorization for the conversion of Atlanta Area Technical Institute and Sa vannah Regional Technical Institute to State operated institutions.
Section 50. Provisions Relative to Section 34, Department of Transportation.
For this and all future general appropriations acts, it is the intent of this General As sembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary au thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior ap proval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less re funds, rebates and collection costs and enter this amount as being the appropriation 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 sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section K, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and up grade the quality of air transportation equipment.

572

JOURNAL OF THE SENATE

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 be tween budget functions provided that the Department's total position count shall not ex ceed 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 obliga tion debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 51.
In addition to all other appropriations for the State fiscal year ending June 30, 1999, there is hereby appropriated $3,600,000 for the purpose of providing funds for the opera tion of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,641,072 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retar dation 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 depart mental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 52.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operat ing budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the mem bers 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 Chap ter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appro priated in this Act without entering into a contractual arrangement shall likewise, as a

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condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 53.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expendi tures as contemplated in this Appropriations Act.
Section 54.
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 55.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 56.
In accordance with the requirements of Article IX, Section VI, Paragraph la of the Con stitution 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 pay ments required to be made in each year, under existing lease contracts between any de partment, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such defi ciency in full and the lease payment constitutes a first charge on all such appropriations.
Section 57.
(a.) All expenditures and appropriations made and authorized under this Act shall be ac cording to the programs and activities as specified in the Governor's recommendations 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 what soever 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 Commit tees 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.

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(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 ap plied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.
Section 58.
Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Clas ses 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 classifica tion 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 59.
There is hereby appropriated a specific sum of Federal grant funds, said specific sum be ing 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 sup planting 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 60. Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund.
With regard to the appropriations in Section 37 to the "State of Georgia General Obliga tion Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agen cies and user authorities, purposes, maximum principal amounts and particular appro priations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)," $4,960,050 is specifi cally appropriated for the purpose of financing educational facilities for county and inde pendent school systems through the State Board of Education through the issuance of not more than $57,675,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,638,000 is specifi cally appropriated for the purpose of financing educational facilities for county and in dependent school systems through the State Board of Education, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of sixty months.

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From the appropriation designated "State General Funds (New)," $11,484,956 is specifi cally appropriated for the purpose of financing projects and facilities for the Board of Re gents of the University System of Georgia, by means of the acquisition, construction, de velopment, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $133,546,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $534,690 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, develop ment, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $779,160 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, develop ment, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,060,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $154,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, develop ment, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $568,890 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $6,615,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $341,420 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $3,970,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $1,199,700 is specifi cally appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $13,950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $18,920,000 is specifi cally appropriated for the purpose of financing the George L. Smith II Georgia World Congress Center projects and facilities for the Department of Industry, Trade, and Tour ism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or fa cilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $220,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $2,527,200 is specifi cally appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $10,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,720,000 is specifi cally appropriated for Georgia Environmental Facilities Authority for the purpose of fi nancing loans to local governments and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $258,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlarge ment, or improvement of land, waters, property, highways, buildings, structures, equip ment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obli gation Debt, the instruments of which shall have maturities not in excess of two hun dred and forty months.
From the appropriation designated "State General Funds (New)," $11,782,000 is specifi cally appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $137,000,000 in principal amount of Gen eral Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $455,130 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $1,945,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $215,860 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $2,510,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $860,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $564,160 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $6,560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $236,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $2,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $898,270 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $10,445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $1,463,720 is specifi cally appropriated for the purpose of financing projects and facilities for the Georgia Bu reau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $17,020,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $345,290 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $4,015,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,269,450 is specifi cally appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $5,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $430,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlarge ment, or improvement of land, waters, property, highways, buildings, structures, equip ment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obli gation Debt, the instruments of which shall have maturities not in excess of two hun dred and forty months.
From the appropriation designated "State General Funds (New)," $234,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlarge ment, or improvement of land, waters, property, highways, buildings, structures, equip ment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obli gation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $516,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlarge ment, or improvement of land, waters, property, highways, buildings, structures, equip ment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,000,000 in principal amount of General Obli gation Debt, the instruments of which shall have maturities not in excess of two hun dred and forty months.

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From the appropriation designated "State General Funds (New)," $368,550 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlarge ment, or improvement of land, waters, property, highways, buildings, structures, equip ment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,575,000 in principal amount of General Obli gation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,724,300 is specifi cally appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $20,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $280,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,006,200 is specifi cally appropriated for the purpose of financing educational facilities for county and in dependent school systems through grants for low-wealth school systems by the State Board of Education through the issuance of not more than $11,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $483,750 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $5,625,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $154,800 is specifically appropriated for the purpose of financing Georgia Agricultural Exposition Center projects and facilities for the Department of Natural Resources, by means of the acquisi tion, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $937,314 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, develop ment, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,899,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $721,656 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $3,084,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $307,020 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $3,570,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $129,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $51,600 is specifically appropriated for the Department of Technical and Adult Education to provide public li brary facilities by grant to the governing board of the Savannah Carnegie Library for that library, through the issuance of not more than $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $86,000 is specifically appropriated for the Department of Technical and Adult Education to provide public li brary facilities by grant to the governing board Glynn County Library for that library, through the issuance of not more than $1,000,000 in principal amount of General Obli gation Debt, the instruments of which shall have maturities not in excess of two hun dred and forty months.
From the appropriation designated "State General Funds (New)," $258,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures,

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equipment or facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $2,045,080 is specifi cally appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, develop ment, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $23,780,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $430,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, develop ment, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $211,990 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $2,465,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $189,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $2,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

Section 61. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1999

$ 13,064,694,760

Section 62.

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

Section 63.

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

Section 2.

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

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Section 3.
All laws and parts of laws in conflict with this Act are repealed. Senator Hooks of the 14th moved that the Senate adopt the Conference Committee re port on HB 143. Senator Johnson of the 1st moved that the action on HB 143 be postponed until March 2, 1999. On the motion, a roll call was taken, and the vote was as follows:

Balfour N Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean N Egan N Fort N Gillis Y Gingrey N Golden Y Guhl

N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James N Johnson.D Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak

Y Price,R Y Price,T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat N Tanksley N Tate Y Thomas.D N Thomas,N N Thompson N Walker N Williams

On the motion, the yeas were 18, nays 37, and the motion to postpone was lost.
On the motion to adopt the Conference Committee Report, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler N Cable N Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis N Gingrey Y Golden

N Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp N Ladd Y Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen

Y Perdue Y Polak Y Price,R N Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thompson

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583

Y Walker

Y Williams

On the motion, the yeas were 46, nays 9; the motion prevailed, and the Senate adopted the Conference Committee report on HB 143.
The Calendar was resumed.

SB 145. By Senators Marable of the 52nd, Dean of the 31st and Walker of the 22nd:

A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Geor gia Annotated, relating to general provisions regarding pardons and paroles, so as to separate the State Board of Pardons and Paroles from the Department of Corrections for administrative purposes; to relieve the members of the board of their ex officio advisory roles to the Board of Corrections.

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

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

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks
Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas.N Y Thompson Y Walker Y Williams

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

SB 140. By Senator Ray of the 48th:
A bill to amend Chapter 12 of Title 44 of the Official Code of Georgia Anno tated, relating to rights in personalty, so as to define certain terms; to provide for ownership rights to dies, molds, forms, and patterns; to provide for liens on such properties; to provide for sales of such properties; to provide for related matters; to amend Code Section 44-14-320 of the Official Code of Georgia An notated, relating to establishment of certain liens and removal of nonconforming liens, so as to provide for molders' liens.
The Senate Special Judiciary Committee offered the following substitute to SB 140:
A BILL

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To be entitled an Act to amend Chapter 12 of Title 44 of the Official Code of Georgia An notated, relating to rights in personalty, so as to define certain terms; to provide for ownership rights to dies, molds, forms, and patterns; to provide for liens on such proper ties; to provide that a lien may not be enforced under certain conditions; to provide for sales of such properties under certain conditions; to provide for related matters; to amend Code Section 44-14-320 of the Official Code of Georgia Annotated, relating to es tablishment of certain liens and removal of nonconforming liens, so as to provide for molders' liens; to provide for nonimpairment of certain contracts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, is amended by adding a new Article 8 to read as follows:
"ARTICLE 8 Part 1
44-12-310.
As used in this article, the term:
(1) 'Customer' means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, form, or pattern or who provides a molder with a die, mold, form, or pattern to manufacture, assemble, cast, fabricate, or otherwise make a product or products for a customer.
(2) 'Molder' means any individual or entity who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, as sembling, casting, fabricating, or otherwise making a product or products for a cus tomer. 'Molder' includes, but is not limited to, a tool or die maker.
(3) 'Within three years following the last prior use' shall include any three-year pe riod following the last prior use of a die, mold, form, or pattern regardless of whether or not any portion of such period precedes the effective date of this article.
44-12-311.
(a) In the absence of any agreement to the contrary, the customer shall have all rights and title to any die, mold, form, or pattern in the possession of the molder.
(b) If a customer does not claim possession from a molder of a die, mold, form, or pat tern within three years following the last prior use, all rights and title to any die, mold, form, or pattern shall be transferred by operation of law to the molder for the purpose of destroying or otherwise disposing of such die, mold, form, or pattern, con sistent with this Code section.
(c) If a molder chooses to have all rights and title to any die, mold, form, or pattern transferred to the molder by operation of law, the molder shall send written notice by registered mail to the chief executive officer of the customer or, if the customer is not a business entity, to the customer at the customer's last known address, indicating that the molder intends to terminate the customer's rights and title by having all such rights and title transferred to the molder by operation of law pursuant to this Code section. Such notice shall include a statement of the customer's rights as set forth in subsection (d) of this Code section.
(d)(l) If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern within 120 days following the date the notice was sent, or does not make other contractual arrangements with the molder for

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storage of the die, mold, form, or pattern, all rights and title of the customer, except patents and copyrights, shall transfer by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the particular die, mold, form, or pattern as the molder's own property without any risk of liability to the customer.
(2) This Code section shall not in any manner affect any right of the customer under federal patent or copyright law or federal law pertaining to unfair competition.
Part 2
44-12-320.
(a) Molders shall have a lien, dependent on possession, on all dies, molds, forms, or patterns in their hands belonging to a customer, for the balance due them from such customer for any manufacturing or fabrication work related to the property on which the molder claims the lien. The molder may retain possession of the die, mold, form, or pattern until the charges are paid.
(b) Before enforcing such lien, notice in writing shall be given to the customer, whether delivered personally or sent by registered mail to the last known address of the customer. Such notice shall state that a lien is claimed for the damages set forth in or attached to such writing for manufacturing or fabrication work contracted or per formed for the customer. Such notice shall also include a demand for payment.
(c) A lien may not be enforced under this part if the customer, within the time period provided in subsection (d) of this Code section, notifies the molder that the products fail to meet an approved quality control plan, the products deviated from approved samples, or the products deviated from previously accepted parts and the customer re turns the products within 60 days after the date on which the products are delivered to the customer.
(d) If the molder has not been paid the amount due within 60 days after the notice has been received by the customer as provided in subsection (b) of this Code section and the products have not been returned to the molder within 60 days after the date on which the products are delivered to the customer because of a defective condition as provided in subsection (c) of this Code section, the molder may sell the die, mold, form, or pattern at a public auction.
44-12-321.
(a) Before a molder may sell a die, mold, form, or pattern, pursuant to subsection (c) of Code Section 44-12-320, the molder shall notify the customer by registered mail, re turn receipt requested. The notice shall include the following information:
(1) The molder's intention to sell the die, mold, form, or pattern 30 days after the customer's receipt of the notice;
(2) A description of the die, mold, form, or pattern to be sold;
(3) The time and place of the sale; and
(4) An itemized statement for the amount due.
(b) If there is no return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish notice of the molder's in tention to sell the die, mold, form, or pattern in a newspaper of general circulation in the county of the customer's last known place of business. The notice shall include a description of the die, mold, form, or pattern.

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(c)(l) If the sale is for a sum greater than the amount of the lien, the excess shall be paid to any prior lienholder known to the molder at the time of the sale; and any remainder shall be paid to the customer, if the customer's address is known, or the state treasurer for deposit in the general fund if the customer's address is unknown to the molder at the time of the sale.

(2) A sale shall not be made under this Code section if such sale would violate any right of a customer under federal patent or copyright law.

44-12-322.

In the event of any conflict between the provisions of this part and the provisions of Articles 7 and 8 of Chapter 14 of this title, the provisions of this part shall control."

SECTION 2.

Code Section 44-14-320 of the Official Code of Georgia Annotated, relating to establish ment of certain liens and removal of nonconforming liens, is amended by adding to sub section (a) a new paragraph (8.1) to read as follows:

"(8.1) Liens in favor of molders as provided by Code Section 44-12-320;".

SECTION 3.

This Act shall not impair the obligation of any contract entered into prior to the date this Act becomes effective.

SECTION 4.

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

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

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

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

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks
Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 54, nays 0.

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587

The bill, having received the requisite constitutional majority, was passed by substitute.
SB 96. By Senators Lee of the 29th and Thompson of the 33rd: A bill to amend Code Section 19-7-49 of the Official Code of Georgia Anno tated, relating to paternity orders, so as to change the contents and effect of such orders; to provide for an effective date; to provide for applicability.

The Senate Judiciary Committee offered the following amendment:
Amend SB 96 by striking in its entirety line 22 of page 1 and inserting in lieu thereof the following:
"of this chapter, which effect may include but not be". On the adoption of the amendment, the yeas were 42, nays 0, and the committee amend ment was adopted. Senators Walker of the 22nd and Lee of the 29th offered the following amendment:
Amend SB 96 by striking "custody of or" on line 24. On the adoption of the amendment, the yeas were 45, nays 3, and the Walker, Lee amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks
Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen N Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed as amended. Senator Lee of the 29th moved that SB 96 be immediately transmitted to the House. On the motion, the yeas were 44, nays 0, and SB 96 was immediately transmitted. The following communication was received by the Secretary: I request that my vote on SB 96 be recorded as a nay vote.

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/s/ Mike Polak District 42
Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow; the motion prevailed, and at 1:03 p.m., the President announced the Senate adjourned.

TUESDAY, MARCH 2, 1999

589

Senate Chamber, Atlanta, Georgia Tuesday, March 2, 1999
Twenty-eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 711. By Representatives Smith of the 12th, Reece of the llth and Childers of the 13th: A bill to create the City of Rome Recreational Facilities Authority.
HB 728. By Representative Hanner of the 159th: A bill to amend an Act entitled "An Act to create the board of commissioners of Webster County," so as to redefine the commissioner districts.
HB 730. By Representatives Brown of the 130th, Epps of the 131st and Smith of the 102nd: A bill to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner; to change the compensation of the chief deputy coroner.
HB 735. By Representative Lord of the 121st: A bill to amend an Act fixing the compensation for the members of the board of commissioners of Jefferson County and the clerk of such board, so as to change certain provisions relating to expense allowances for members of the board.
HB 739. By Representative Whitaker of the 7th:
A bill to provide a new charter for the City of East Ellijay.
HB 753. By Representative Cummings of the 27th: A bill to amend an Act creating the Cedartown Development Authority, so as to provide for the appointment of additional members of the Authority.
HB 30. By Representative Barnard of the 154th: A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Geor gia Annotated, relating to employees' records checks for day-care centers, so as to provide that no person may be employed at a day-care center without a sat isfactory state and national fingerprint records check determination within the

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previous 12 months or a satisfactory state fingerprint records check determi nation, with continued employment contingent upon a satisfactory national fingerprint records check.
HB 146. By Representatives Golick of the 30th, Shipp of the 38th, Jones of the 71st and others:
A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Geor gia Annotated, relating to physicians, so as to provide for licensing retired physicians.
HB 269. By Representatives Manning of the 32nd, Williams of the 114th, Henson of the 65th and others:
A bill to amend Code Section 37-2-7 of the Official Code of Georgia Annotated, relating to the state plan for disability services, so as to provide for guidelines for planning lists for the provision of certain disability services, when such services are not available at the time of the request; to provide for guidelines for a registry of persons who have been diagnosed with certain disabilities but have not yet requested services.
HB 165. By Representatives Mueller of the 152nd, Stephens of the 150th, Day of the 153rd and others:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Anno tated, relating to general provisions applicable to law enforcement officers and agencies, so as to authorize a sheriff or police chief of a local law enforcement agency to designate and equip police volunteers and to provide training to such police volunteers in the area and manner of traffic control.
HB 289. By Representative Jamieson of the 22nd:
A bill to amend Code Section 40-14-2 of the Official Code of Georgia Anno tated, relating to permits to operate speed detection devices, so as to authorize the issuance of such permits to an applicant if a part-time peace officer is em ployed by such applicant; to authorize the use of speed detection devices by registered or certified peace officers.
HB 370. By Representatives Martin of the 47th, Alien of the 117th and Teper of the 61st:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions relative to venue, so as to change venue provisions for cases involving certain joint or joint and several defendants residing in different counties.
SB 59. By Senators Tanksley of the 32nd, Thompson of the 33rd and Stokes of the 43rd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the number of Judges of the Court of Appeals; to pro vide that the court shall sit in divisions; to specify the number of Judges which shall constitute a quorum; to provide for the election and term of office of Judges; to provide for the initial appointment of additional judges.
HB 351. By Representatives Buckner of the 95th, Henson of the 65th, Manning of the 32nd and others:

TUESDAY, MARCH 2, 1999

591

A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions regarding the regulation of professions and businesses, so as to require that members of state examining boards re side in this state on a full-time basis during their terms of office.
HB 318. By Representatives Powell of the 23rd, Parham of the 122nd, Teague of the 58th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to defini tions; to change certain provisions relating to administration of the Driver Im provement Program.
HB 552. By Representatives Davis of the 60th, Martin of the 47th, Walker of the 141st and others:
A bill to amend Code Section 15-7-21 of the Official Code of Georgia Anno tated, relating to qualifications for the office of judge of state court, so as to change the experience requirement for such office.
The House has adopted by the requisite constitutional majority the following resolutions of the House and Senate:
SR 88. By Senators Walker of the 22nd and Cheeks of the 23rd:
A resolution creating the Joint Study Committee on Partnership Between the Hospital and Clinics of the Medical College of Georgia and the University Hos pital of Richmond County.
HR 268. By Representatives Davis of the 60th, Martin of the 47th, Walker of the 141st and others:
A resolution proposing an amendment to the Constitution so as to change the experience requirement for eligibility for the office of state court judge.
The House has adopted the report of the Committee of Conference on the following bill of the House:
HB 143. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th and Smith of the 175th:
A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1998-1999.
The following bills were introduced, read the first time and referred to committees:
SB 243. By Senator Thomas of the 10th:
A bill to provide a new charter for the City of Avondale Estates; to provide for the name, corporate boundaries, and powers of the city and the governing au thority; to provide for the structure of the government of the city; to provide for a board of mayor and commissioners and the membership, officers, elec tion, terms, qualifications, vacancies, compensation, and expenses thereof; to prohibit conflicts of interest and holding other offices; to provide for disclo sures and ethics.
Referred to Committee on State and Local Governmental Operations.

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SB 244. By Senators Thomas of the 10th and Marable of the 52nd:
A bill to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Georgia Stu dents and Teachers Right to Safe School Health Act"; to provide that a local board of education or a governing board of a nonpublic school may permit an employee or a person under contract to the board to assist students in self-ad ministration of medications.
Referred to Committee on Education.
SB 245. By Senator Kemp of the 3rd:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Geor gia Annotated, the "Child Support Recovery Act," so as to provide for a 36 month review cycle for certain child support orders; to provide for a later re view and modification in certain circumstances; to provide for notice to obli gors and obligees of the right to request a review, notice of a review 30 days before the commencement of a review, and notice of a proposed adjustment or determination that there shall be no change.
Referred to Committee on Judiciary.
SB 246. By Senator Polak of the 42nd:
A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Anno tated, relating to penalties for unlawful actions involving alcoholic beverages and underage persons, so as to provide for the suspension of the state and lo cal alcoholic beverage licenses of any licensee who provides alcoholic beverages to an underage person; to provide for related matters; to provide an effective date.
Referred to Committee on Consumer Affairs.
SB 247. By Senator Johnson of the 1st:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 1 and 2; to provide for related mat ters; to provide for an effective date.
Referred to Committee on Reapportionment.
SB 248. By Senators Walker of the 22nd and Dean of the 31st:
A bill to amend Part 2 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the Department of Banking and Finance, so as to authorize the Governor to determine the salary of the commissioner of banks and banking; to amend Code Section 42-2-6 of the Official Code of Geor gia Annotated, relating to the commissioner of corrections, so as to authorize the board of corrections to set the salary of the commissioner subject to ap proval of the Governor.
Referred to Committee on Finance and Public Utilities.
SB 249. By Senators Walker of the 22nd and Stokes of the 43rd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to provide for the licensing of mental health

TUESDAY, MARCH 2, 1999

593

therapists and associate mental health therapists; to change the provisions re lating to the short title, legislative purpose, and definitions; to change the pro visions relating to the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Counselors.
Referred to Committee on Health and Human Services.
SB 250. By Senators James of the 35th and Tate of the 38th:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Anno tated, relating to requirement that program weights reflect funds for payment of salaries and benefits with respect to the Quality Basic Education Program, so as to change certain provisions relating to the maximum number of stu dents which may be taught by a teacher in an instructional period for grades kindergarten through three; to provide an effective date.
Referred to Committee on Education.
SB 251. By Senators Streat of the 19th, Ragan of the llth, Meyer von Bremen of the 12th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Agricultural Facilities Authority; to provide for the purpose of the authority with respect to the provision of public agricultural facilities and assistance in the financing of public and private ag ricultural facilities; to provide for the membership, powers, duties, operations, and functions of the authority.
Referred to Committee on Agriculture.
SB 252. By Senator Brush of the 24th:
A bill to amend Code Section 20-2-290 of the Official Code of Georgia Anno tated, relating to the organization of schools, so as to authorize the State Board of Education to grant waivers of any provisions of said Code section; to provide an effective date.
Referred to Committee on Education.
SB 253. By Senators Butler of the 55th, Thomas of the 54th, Madden of the 47th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Geor gia Annotated, relating to registration and licensing of motor vehicles gener ally, so as to provide for special license plates and decals celebrating the year 2000 and promoting programs to benefit children and adolescents with severe emotional problems; to provide for licensing and other agreements; to provide for design and rights.
Referred to Committee on Public Safety.
The following bills were read the first time and referred to committees:
HB 30. By Representative Barnard of the 154th:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Geor gia Annotated, relating to employees' records checks for day-care centers, so as to provide that no person may be employed at a day-care center without a sat isfactory state and national fingerprint records check determination within the

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previous 12 months or a satisfactory state fingerprint records check determi nation, with continued employment contingent upon a satisfactory national fingerprint records check.
Referred to Committee on Health and Human Services.
HB 146. By Representatives Golick of the 30th, Shipp of the 38th, Jones of the 71st and others:
A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Geor gia Annotated, relating to physicians, so as to provide for licensing retired physicians.
Referred to Committee on Judiciary.
HB 165. By Representatives Mueller of the 152nd, Stephens of the 150th, Day of the 153rd and others:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Anno tated, relating to general provisions applicable to law enforcement officers and agencies, so as to authorize a sheriff or police chief of a local law enforcement agency to designate and equip police volunteers and to provide training to such police volunteers in the area and manner of traffic control.
Referred to Committee on Public Safety.
HB 269. By Representatives Manning of the 32nd, Williams of the 114th, Henson of the 65th and others:
A bill to amend Code Section 37-2-7 of the Official Code of Georgia Annotated, relating to the state plan for disability services, so as to provide for guidelines for planning lists for the provision of certain disability services, when such services are not available at the time of the request; to provide for guidelines for a registry of persons who have been diagnosed with certain disabilities but have not yet requested services.
Referred to Committee on Health and Human Services.
HB 289. By Representative Jamieson of the 22nd:
A bill to amend Code Section 40-14-2 of the Official Code of Georgia Anno tated, relating to permits to operate speed detection devices, so as to authorize the issuance of such permits to an applicant if a part-time peace officer is em ployed by such applicant; to authorize the use of speed detection devices by registered or certified peace officers.
Referred to Committee on Public Safety.
HB 318. By Representatives Powell of the 23rd, Parham of the 122nd, Teague of the 58th and Roberts of the 162nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to defini tions; to change certain provisions relating to administration of the Driver Im provement Program.
Referred to Committee on Consumer Affairs.
HB 351. By Representatives Buckner of the 95th, Henson of the 65th, Manning of the 32nd and Snow of the 2nd:

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595

A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions regarding the regulation of professions and businesses, so as to require that members of state examining boards re side in this state on a full-time basis during their terms of office. Referred to Committee on State and Local Governmental Operations (General).
HB 370. By Representatives Martin of the 47th, Alien of the 117th and Teper of the 61st: A bill to amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions relative to venue, so as to change venue provisions for cases involving certain joint or joint and several defendants residing in different counties.
Referred to Committee on Judiciary.
HB 552. By Representatives Davis of the 60th, Martin of the 47th, Walker of the 141st and Campbell of the 42nd: A bill to amend Code Section 15-7-21 of the Official Code of Georgia Anno tated, relating to qualifications for the office of judge of state court, so as to change the experience requirement for such office.
Referred to Committee on Judiciary.
HB 711. By Representatives Smith of the 12th and Reece of the llth: A bill to create the City of Rome Recreational Facilities Authority.
Referred to Committee on State and Local Governmental Operations.
HB 728. By Representative Hanner of the 159th: A bill to amend an Act entitled "An Act to create the board of commissioners of Webster County," so as to redefine the commissioner districts.
Referred to Committee on State and Local Governmental Operations.
HB 730. By Representatives Brown of the 130th, Epps of the 131st and Smith of the 102nd: A bill to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner; to change the compensation of the chief deputy coroner.
Referred to Committee on State and Local Governmental Operations.
HB 735. By Representative Lord of the 121st: A bill to amend an Act fixing the compensation for the members of the board of commissioners of Jefferson County and the clerk of such board, so as to change certain provisions relating to expense allowances for members of the board.
Referred to Committee on State and Local Governmental Operations.
HB 739. By Representative Whitaker of the 7th: A bill to provide a new charter for the City of East Ellijay.
Referred to Committee on State and Local Governmental Operations.
HB 753. By Representative Cummings of the 27th:

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A bill to amend an Act creating the Cedartown Development Authority, so as to provide for the appointment of additional members of the Authority.
Referred to Committee on State and Local Governmental Operations.

HR 268. By Representatives Davis of the 60th, Martin of the 47th, Walker of the 141st and Campbell of the 42nd:
A resolution proposing an amendment to the Constitution so as to change the experience requirement for eligibility for the office of state court judge.
Referred to Committee on Judiciary.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 165. Do pass. SB 195. Do pass.

HB 218. Do pass by substitute.

Respectfully submitted,

Senator Stokes of the 43rd District, Chairman

Mr. President:
The Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 196. Do pass by substitute.
Respectfully submitted, Senator Kemp of the 3rd District, Chairman

Mr. President:

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

SB 164. Do pass by substitute. SB 65. Do pass by substitute. SB 175. Do pass.

SB 211. Do pass. HB 115. Do pass. HB 444. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SR 184. Do pass.

SB 220. Do pass.

Respectfully submitted,

Senator Egan of the 40th District, Chairman

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597

Mr. President:

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

SB 207. Do pass as amended. SB 208. Do pass. SB 209. Do pass. SB 215. Do pass as amended. SB 217. Do pass. SB 223. Do pass. HB 253. Do pass.

HB 632. Do pass. HB 661. Do pass. HB 673. Do pass. HB 691. Do pass. HB 692. Do pass. HB 693. Do pass. HB 697. Do pass.

Respectfully submitted,

Senator Thomas of the 10th District, Chairman

The following bills and resolution were read the second time:

SB 26 SB 137 SB 197 HB 295

SB 48 SB 141 SR 175 HB 388

SB 94 SB 159 HB 73

SB 120 SB 163 HB 210

SB 121 SB 169 HB 211

SB 132 SB 176 HB 222

Senator Hill of the 4th moved that Senator Lee of the 29th be excused. On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Lee was excused.

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

Balfour Blitch Bowen Broun, 46th Brown, 26th Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden

Guhl Harbison Hecht Hill Hooks Huggins Jackson James Johnson,D Johnson,E Kemp Ladd Lamutt Land Madden Marable Meyer von Bremen Perdue

Price,R Price.T Ragan Ray Roberts Scott Smith Starr Stephens Stokes Streat Tanksley Tate Thomas.D Thomas,N Thompson Williams

Those not answering were:

Lee (excused)

Polak

Walker

The following communication was filed with the Secretary: To: Secretary of the Senate

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I am present today on March 2nd.
/s/ Mike Polak 42nd District
The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Madden of the 47th introduced the chaplain of the day, Reverend James Dumas of Homer, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 212. By Senator Jackson of the 50th: A resolution celebrating the life of Samuel Alonzo Wells.
SR 213. By Senator Jackson of the 50th: A resolution commending Joseph Phillip Boyd.
SR 214. By Senator Jackson of the 50th: A resolution honoring the life of Mr. Daniel Thomas Kerby and expressing re gret at his passing.
SR 215. By Senator Jackson of the 50th: A resolution commending the Sautee-Nacoochee Community Association.
SR 217. By Senator Brown of the 26th: A resolution commending Reverend Ronald E. Terry, Sr.
SR 218. By Senators Cable of the 27th and Brown of the 26th: A resolution commending Chief Michael Stephen Dorn.
SR 219. By Senators Harbison of the 15th and Land of the 16th: A resolution recognizing and commending Donna A. Cox.
SR 220. By Senators Harbison of the 15th and Land of the 16th: A resolution commending Riley Land.
SR 221. By Senators Ragan of the llth, Meyer von Bremen of 12th and Bowen of the 13th: A resolution expressing appreciation for the efforts of animal rescue associations.
SR 222. By Senators Ragan of the llth, Meyer von Bremen of 12th and Bowen of the 13th: A resolution honoring the life and work of Janice B. Williams and expressing regret at her passing.
SR 223. By Senator Starr of the 44th: A resolution recognizing and commending John B. Copenhaver.
SR 224. By Senator Polak of the 42nd:

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599

A resolution declaring March 2, 1999, as the "Governor's Council on Develop mental Disabilities Day" at the Capitol and urging members of the General Assembly and state agency personnel to recognize the outstanding efforts and support the Governor's Council on Developmental Disabilities provides to indi viduals with disabilities, their families, and the greater community at large, to enhance the quality of life for people with developmental disabilities.

SR 226. By Senator Brown of the 26th:
A resolution recognizing Cora and Rufus E. James on the occasion of their 65th wedding anniversary.
Senator Brown of the 26th introduced Cora and Rufus E. James.
The President introduced John B. Copenhaver, commended by SR 224, adopted previously.
Senator Dean of the 31st introduced Gwen Marler, commended by SR 182, adopted previously.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, March 2, 1999 TWENTY-EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the leg islation.)

SB 207

Burton, 5th Thomas, 10th Ladd, 41st Polak, 42nd Stokes, 43rd Butler, 55th DEKALB COUNTY

A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, as amended, so as to change the provisions thereof relating to the ap pointment and removal of certain officers and employees of DeKalb County.(AMENDMENT)

SB 208

Crotts, 17th Cable, 27th TOWALIGA JUDICIAL CIRCUIT

A bill to provide supplements to the salaries of the judges of superior court, the district attorney, and the chief assistant district attorney of the Towaliga Judicial Circuit; to provide the amount and method of payment of such supplements; to provide that such supplements shall be expenses of the superior courts; to provide an effective date; to pro vide for automatic repeal.

SB 209

Guhl, 45th CITY OF CONYERS and ROCKDALE COUNTY

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SB 215
SB 217 SB 223 HB 253 HB 632

A bill to amend an Act creating the Conyers-Rockdale Amateur Athlet ics Authority so as to change the name of the authority to the Conyers Athletics Authority; to change the membership of the authority; to change the powers of the authority; to provide for conforming changes; to provide an effective date.
Burton, 5th Thomas, 10th Ladd, 41st Polak, 42nd Stokes, 43rd Butler, 55th DEKALB COUNTY
A bill to amend an Act revising, superseding, and consolidating the laws relating to the establishment of a merit system in DeKalb County for employees of DeKalb County, as amended, so as to change the pro vision relating to the department heads who shall be under the DeKalb County Merit System; to provide an effective date.(AMENDMENT)
Gillis, 20th Cheeks, 23rd JEFFERSON COUNTY
A bill to amend an Act providing for the election of the chairperson and the members of the board of education of Jefferson County, as amended, so as to change certain provisions relating to compensation of board members; to provide an effective date.
Crotts, 17th HENRY COUNTY
A bill to amend an Act creating the State Court of Henry County so as to change the provisions regarding jurors.
Perdue, 18th HOUSTON COUNTY
A bill to amend an Act creating the State Court of Houston County, so as to change the amount of compensation paid to an attorney presid ing in place of the judge in court.
Dean, 31st Marable, 52nd CITY OF CARTERSVILLE and BARTOW COUNTY
A bill to amend an Act entitled "An Act to reincorporate the City of Cartersville in the County of Bartow," so as to change provisions rela tive to the sale of a city-owned utility; to change certain provisions rel ative to the granting of franchises and contracts for public utilities.

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HB 661

Gingrey, 37th Stephens, 51st Price, 56th CHEROKEE COUNTY

A bill to amend an Act creating a board of elections and registration for Cherokee County, so as to implement a system of staggered terms of office for the members of the board.

HB 673 Land, 16th TOWN OF JUNCTION CITY

A bill to provide a new charter for the Town of Junction City.

HB 691

Golden, 8th Ragan, llth THOMAS COUNTY

A bill to amend an Act creating a board of commissioners for the County of Thomas, so as to change the compensation of the chairper son and other members of the board of commissioners of Thomas County.

HB 692

Golden, 8th Ragan, llth THOMAS COUNTY

A bill to create the Thomas County Emergency Services Board.

HB 693 Thomas, 54th CITY OF VARNELL

A bill to amend an Act providing a new charter for the City of Varnell, so as to change the corporate boundaries of such city; to change provi sions relating to time of election, taking of office, and terms of office for the mayor and councilmembers; to create a Community Service De partment.

HB 697 Jackson, 50th UNION CITY

A bill to amend an Act providing that the judge of the Probate Court of Union County shall serve as chief magistrate of the Magistrate Court of Union County, so as to provide for the partisan election of the chief magistrate of Union County on and after a certain date; to pro vide that the judge of the Probate Court of Union County shall not serve as chief magistrate on or after a certain date.

The amendments to the following bills were put upon their adoption: *SB 207:

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

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Amend SB 207 by striking lines 3, 4, 5, and 6 on page 2 and inserting in lieu thereof the following:
"Neither the".
On the adoption of the amendment, the yeas were 55, nays 0, and the amendment was adopted.
*SB 215:
The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend SB 215 by striking line 19 on page 1 and inserting in lieu thereof the following: "said merit system except: all elected officials, the district attorney and all employees of the office of the district attorney; all".
On the adoption of the amendment, the yeas were 55, nays 0, and the amendment was adopted.
The substitute to the following bill was put upon its adoption:
*SB 217:
Senators Cheeks of the 23rd and Gillis of the 20th offered the following substitute to SB 217:
A BILL
To be entitled an Act to amend an Act providing for the election of the chairperson and the members of the board of education of Jefferson County, approved March 20, 1990 (Ga. L. 1990, p. 4224), as amended, so as to change certain provisions relating to com pensation of board members; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.
An Act providing for the election of the chairperson and the members of the board of ed ucation of Jefferson County, approved March 20, 1990 (Ga. L. 1990, p. 4224), as amended, is amended by designating the existing provisions of Section 6 as subsection (a) thereof and adding a new subsection (b) to read as follows:
"(b) In addition to the compensation provided by subsection (a) of this section, each member of the board of education, including the chairperson, shall receive a per diem of $50.00 for each day of attendance at meetings of the board of education held in Jef ferson County; provided, however, that such sum shall be paid for no more than two such meetings in any calendar month."
SECTION 2.
This Act shall become effective on July 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 55, nays 0, and the substitute was adopted.

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603

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land EX Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price.R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the local bills, the yeas were 55, nays 0.
The bills on the Local Consent Calendar, except SB 207, SB 215, and SB 217, having re ceived the requisite constitutional majority, were passed. SB 207 and SB 215, having received the requisite constitutional majority, were passed as amended.
SB 217, having received the requisite constitutional majority, was passed by substitute.
Senator Dean of the 31st moved that the following bill be withdrawn from the Consumer Affairs Committee and committed to the Finance and Public Utilities Committee:
SB 240. By Senators Johnson of the 1st, Cheeks of the 23rd and Dean of the 31st: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to enact the "Local Government Cable Fair Competi tion Act of 1999"; to provide for a short title; to define certain terms; to re quire public providers of cable service to conduct certain cost benefit analyses and hold a public hearing prior to authorizing the delivery of cable service.
On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 240 was commit ted to the Finance and Public Utilities Committee.
Senator Meyer von Bremen of the 12th introduced the doctor of the day, Dr. Richard Bowe of Albany, Georgia.
NOTICE OF MOTION TO RECONSIDER: SB 74 School Safety Plans-preparedness for certain accidents, acts of violence and ter rorism (Amendments) (ED-52nd)

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SENATE RULES CALENDAR
Tuesday, March 2, 1999 TWENTY-EIGHTH LEGISLATIVE DAY

SR 128 SR 135

Food Quality Protection Act of 1996-urge Congress to implement wisely (Ag-llth)
U. S. Department of Agriculture-relating to farmer and export enhance ment program (Ag-llth)

SR 136

Trade Sanctions Applying to Agricultural Products-urge Congress to re move or restrict (Ag-llth)

SB 117 Towaliga Judicial Circuit-create (Judy-17th)

SB 130

Tort Actions-regulate transfer of structured settlement payment rights (Judy-12th)

SB 177

Ad Valorem Property Tax-millage rates, taxable values (Substitute)(F&PU-33rd)

SB 139

Mental Health Service Boards-no actions against employee making complaints (Amendment)(H&HS-47th)

SB 61

Electronic Commerce Study Committee-re-create (Substitute) (DS&T21st)

SB 51 Education-school safety plans (SubstituteXPub Saf-53rd)
SR 151 Lester and Virginia Maddox Bridge-designate (Trans-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:

SR 128. By Senator Ragan of the llth:

A resolution urging Congress to implement wisely the Food Quality Protection Act of 1996.

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th
Brush Y Burton Y Butler Y Cable Y Cagle

Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison

Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd

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Y Lamutt Y Land EX Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R

Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes

Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 135. By Senators Ragan of the llth, Meyer von Bremen of the 12th, Blitch of the 7th and Williams of the 6th:
A resolution urging the secretary of the United States Department of Agricul ture to provide greater opportunities to the farmers of the United States by taking greater advantage of the export enhancement program.
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 Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land EX Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 136. By Senators Ragan of the llth, Meyer von Bremen of the 12th, Blitch of the 7th and Williams of the 6th:

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A resolution urging Congress to remove or restrict the use of trade sanctions as they apply to agricultural products and to work for the reduction or elimi nation of trade barriers and sanctions imposed by other countries against agri cultural products.

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:

N Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th
Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd N Lamutt Y Land EX Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 51, nays 2. The resolution, having received the requisite constitutional majority, was adopted.

SB 117. By Senator Crotts of the 17th:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Towaliga Judicial Circuit, to be composed of the Counties of Butts, Lamar, and Monroe; to provide for the continuation of the Flint Judicial Circuit to be composed solely of Henry County; to provide for judges of the superior court and a district attorney and for the transfer of proceedings to such circuit.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400
February 11, 1999
The Honorable Mike Crotts State Senator Legislative Office Building, Suite 304-A Atlanta, Georgia 30334
SUBJECT: Fiscal Note Senate Bill 117 (LC 18 9304)

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607

Dear Senator Crotts:
This bill would create a new judicial circuit, the Towaliga Judicial Circuit. The Towaliga Judicial Circuit, which would consist of Butts, Lamar, and Monroe Counties, would have one superior court judge and a district attorney. The bill specifies that one of the judges of the current Flint Judicial Circuit (which consists of Butts, Henry, Lamar, and Monroe Counties) would become the judge in the Towaliga Circuit. The bill also provides for compensation, salary and expense allowances for the judge and district attorney of the Towaliga Circuit to be paid by the State. In addition, Butts, Lamar, and Monroe Coun ties would pay a salary supplement and other costs. Finally, the number of judges in the remaining Flint Circuit (Henry County) would be reduced by one.
The fiscal impact of this bill to the State would be between approximately $282,000 and $421,000 annually. These costs include salaries and benefits of approximately $278,000 to $417,000 for a district attorney, an assistant district attorney, two secretaries for the district attorney's office, an investigator and a law clerk. The remaining $4,000 of the total cost of this bill is estimated travel expenses for the positions listed above.
Butts, Lamar, and Monroe Counties would be responsible for additional costs of the new Towaliga Judicial Circuit. Because the judges of the current Flint Judicial Circuit are based in Henry County, additional costs for equipment, facilities and supplies would be incurred by Butts, Lamar, and Monroe counties.
Sincerely, Isl Claude L. Vickers
State Auditor /s/ Tim Burgess, Director
Office of Planning and Budget

Senator Crotts of the 17th offered the following amendment:
Amend SB 117 by striking from lines 16 and 17 of page 7 the following:
"(B) Henry County -- Gucuiid, llmd, anJ fuutlli Mondays Fourth Monday in Janu ary, April, July, and October.",
and inserting in its place the following:
"fBi Henry County -- Second, Lliiid, and fuuith Mondays Fourth Monday in Janu ary, April, July, and October and second Monday in July."
On the adoption of the amendment, the yeas were 32, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour N Blitch Y Bowen
Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler

Y Cable Y Cagle N Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis

Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins

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Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land EX Lee Y Madden Y Marable

Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan
Ray Y Roberts Y Scott Y Smith Y Starr

Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas ,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 2. The bill, having received the requisite constitutional majority, was passed as amended.

SB 130. By Senators Meyer von Bremen of the 12th, Walker of the 22nd, Kemp of the 3rd and others:

A bill to amend Chapter 12 of Title 51 of the Official Code of Georgia Anno tated, relating to damages in tort actions, so as to regulate the transfer of structured settlement payment rights; to define terms; to provide that no such transfer shall be effective unless certain disclosures are made; to provide for a right of rescission with respect to such transactions.

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land EX Lee Y Madden Y Marable Y Meyer von Bremen N Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 3. The bill, having received the requisite constitutional majority, was passed.

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Senator Johnson of the 2nd introduced officials from the Saint Patrick's Day Celebration in Savannah, commended by SR 208, adopted previously.
Senator Johnson of the 1st recognized representatives from the Saint Patrick's Day Cele bration and introduced the Grand Marshal of the parade, Harry Deal.
The Calendar was resumed.
SB 177. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to provide for the de termination of certain millage rates; to provide for definitions; to provide for certification of taxable values and millage rates; to provide for the adoption of millage rate resolutions and ordinances.
The Senate Finance and Public Utilities Committee offered the following substitute to SB 177:
A BILL
To be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia An notated, relating to ad valorem taxation of property, so as to provide for the determina tion of certain millage rates; to provide for definitions; to provide for certification of tax able values and millage rates; to provide for the adoption of millage rate resolutions and ordinances; to provide procedures for the adoption of a millage rate; to provide for the publication of notices; to provide for the form of notices; to provide the procedure for adopting the ordinance or resolution; to provide for the forfeiture of salary of any elected public official who fails to comply with certain duties which are required of such public official under such provisions; to change certain provisions regarding notice of changes in ad valorem tax returns; to provide for certain rebuttable presumptions; to provide availability of certain records and information; to provide for additional disclosure of in formation to taxpayers; to change certain provisions regarding review and appeal of as sessments; to provide for times to conduct appeal or arbitration proceedings; to provide for written notice of grounds for rejecting taxpayer's position; to provide for recovery of litigation and attorney's fees; to provide for audio recording of certain proceedings; to provide for other matters relative to the foregoing; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking Code Section 48-5-32.1 which reads as follows:
"48-5-32.1.
Reserved.",
and inserting in its place a new Code Section 48-5-32.1 to read as follows:
"48-5-32.1.
(a) As used in this Code section, the term:

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(1) 'Ad valorem tax' or 'property tax" means a tax imposed upon the assessed value of real property, not including taxable values added as a result of new construction or additions or deletions of structures from the most recent certified tax digest or additions or deletions in the aggregate taxable value of property other than real property.
(2) 'Certified tax digest' means that annual property tax digest certified by the tax commissioner of a taxing jurisdiction to the Department of Revenue and approved by the state revenue commissioner.
(3) 'Levying authority" means a county, a municipality, or a consolidated city-county governing authority or other governing authority of a political subdivision of this state that exercises the power to levy ad valorem taxes to carry out the governing authority's purposes.
(4) 'Mill' means one one-thousandth of a United States dollar.
(5) 'Millage' or 'millage rate' means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the taxing juris diction's expenses for their fiscal year.
(6) 'Millage equivalent' means the number of mills which, when multiplied by the assessed value of existing real property, not including taxable values added as a re sult of new construction or additions or deletions of structures from the most recent certified tax digest or additions or deletions in the aggregate taxable value of prop erty other than real property, equals the values added by reassessments.
(7) 'Recommending authority" means a county, independent, or area school board of education that exercises the power to cause the levying authority to levy ad valorem taxes to carry out the board's purposes.
(8) 'Roll-back rate' means the millage rate levied in the fiscal year immediately pre ceding the new fiscal year minus the millage equivalent of the values added by reas sessment certified by the tax assessor.
(9) 'Taxing jurisdiction' means all the real property subject to the levy of a specific levying authority or the recommended levy of a specific recommending authority.
(10) "Values added by reassessments' means all taxable assessed values added to the certified tax digest as a result of revaluation of existing real property, not including taxable values added as a result of new construction or additions or deletions of structures from the most recent certified tax digest or additions or deletions in the aggregate taxable value of property other than real property.
(b) On or before October 1 of each year, the tax receiver or tax commissioner shall cer tify to the recommending authority and levying authority of each taxing jurisdiction the assessed taxable value contained in the certified tax digest for that fiscal year of the taxing jurisdiction which was added by reassessment of existing real property.
(c)(l) No millage for the fiscal year beginning in 2000 and any year thereafter may be recommended or levied until the recommending authority or levying authority of the taxing jurisdiction, as appropriate, adopts a resolution or ordinance which spec ifies the millage rate. The resolution or ordinance shall be adopted at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction and shall be adopted only after the recommending authority or levying authority of the taxing jurisdiction, as appropriate, has complied with the

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611

provisions of this Code section. Whenever a recommending authority or levying au thority shall propose to adopt a millage rate which does not exceed the roll-back rate, it may establish its millage rate pursuant to this paragraph.
(2) In those instances in which the recommending authority or levying authority proposes to establish any millage rate which would require increases beyond the roll-back rate, the recommending authority or levying authority shall advertise its intent to do so and shall conduct at least three public hearings thereon, at least one of which shall commence between the hours of 6:00 P.M. and 7:00 P.M., inclusive, on a business weekday. The recommending authority or levying authority shall place an advertisement in a newspaper of general circulation serving the residents of the unit of local government, which shall read as follows:
'NOTICE OF PROPERTY TAX INCREASE
The (name of recommending authority or levying authority) has tentatively adopted a millage rate which will require an increase in property taxes by (per centage increase over roll-back rate) percent.
All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time).'
Simultaneously with this notice the recommending authority or levying authority shall provide a press release to the local media.
(3) The advertisement shall appear at least one week prior to each hearing and shall be prominently displayed and shall not be placed in that section of the news paper where legal notices appear.
(4) The ordinance or resolution adopting the final millage rate may be adopted at any public meeting at any time after all hearings required by this subsection have been held and shall specify the roll-back rate and the final millage rate. In no event shall the recommending authority recommend a millage rate in excess of the pro posed millage rate as established pursuant to paragraph (2) of this subsection and in no event shall the levying authority levy a millage rate in excess of the proposed millage rate as established pursuant to paragraph (2) of this subsection.
(5) Any notice or hearing required under this Code section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36. Nothing in this Code section shall be deemed to preclude the conduct of further hearings, if the recommending authority or levying authority deems such hearings necessary and complies with the general notice requirements of paragraphs (1) and (2) of this subsection.
(6) A subsequent adjustment in the millage rate for the then current tax year made by the levying authority of any taxing jurisdiction to effect the adjustments required by Article 5A of this chapter shall not require new advertisement and hearings as required in this Code section.
(d) Nothing contained in this Code section shall serve to extend or authorize any mil lage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate.
(e) Upon the failure of a recommending authority or levying authority to conduct the public hearings which are required to be conducted by such authority under this Code section, any aggrieved taxpayer shall have standing to bring an action to compel the holding of such hearings and for the forfeiture of the salaries of the members of the

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authority who failed to vote to conduct such hearings. Such forfeiture may be ordered for the time period starting on the date such vote was conducted and ending on the date such hearings commence."
SECTION 2.
Said chapter is further amended by striking Code Section 48-5-306, relating to notice of changes in ad valorem tax returns, and inserting in its place a new Code Section 48-5306 to read as follows:
"48-5-306.
(a) Method of giving notice to taxpayer of changes made in his such taxpayer's return. Each county board of tax assessors may meet at any time to receive and inspect the tax returns to be laid before it by the tax receiver or tax commissioner. The board shall examine all the returns of both real and personal property of each taxpayer and if in the opinion of the board any taxpayer has omitted from his such taxpayer's re turns any property that should be returned or has failed to return any of his such tax payer's property at its fair market value, the board shall correct the returns, assess and fix the fair market value to be placed on the property, make a note of such assess ment and valuation, and attach the note to the returns. The board shall see that all taxable property within the county is assessed and returned at its fair market value and that fair market values as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as nearly as possible only his such tax payer's proportionate share of taxes, but, there shall be a rebuttable presumption assertable in favor of the taxpayer that the assessed value of residential real property and vacant real property the use of which has remained unchanged since the last pre vious final assessment thereof shall not increase. When any such corrections, changes, or equalizations have been made by the board, the board shall, within five days, give written notice to the taxpayer of any changes made in his such taxpayer's returns. The notice may be given personally by leaving the notice at the taxpayer's dwelling house, usual place of abode, or place of business with some person of suitable age and discretion residing or employed in the house, abode, or business, or by send ing the notice through the United States mail as first-class mail to the taxpayer's last known address. When notice is given by mail, the county board of tax assessors' re turn address shall appear in the upper left corner of the mailing face with the direc tion that if not delivered 'Return in five days to' the above return address, and the lower left corner of the mailing face shall be clearly marked in bold type -- 'OFFI CIAL TAX MATTER.'
(b) Contents of notice.
(1) The notice required to be given by the county board of tax assessors under sub section (a) of this Code section shall be dated and shall contain the name and last known address of the taxpayer. If the assessment of the value of the taxpayer's property is changed, the notice shall contain: the
(A) The amount of the previous assessment;,
(B) The amount of the current assessment;, and the
(C) The year for which the new assessment is applicable?; In all cases, the
(D) A brief description of the assessed property broken down into real and per sonal property classifications ;rthe

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(E) The fair market value of property of the taxpayer subject to taxation; and the assessed value of the taxpayer's property subject to taxation after being reduced;
(F) With respect to residential real property, a list of the names and qualifications of all persons involved in collecting data for such assessment, conducting such as sessment, or reviewing such assessment; and
(G) With respect to residential real property, a brochure or other publication describing the exemptions and preferential assessments available to the taxpayer along with the conditions of eligibility and deadlines for applying for each.
(2) In addition to the foregoing items required under paragraph (1) of this subsec tion, the notice shall contain a statement of the taxpayer's right to an appeal, which statement shall be in substantially the following form:
'The amount of your ad valorem tax bill for this year will be based on the ap praised and assessed values specified in this notice. You have the right to appeal these values to the county board of tax assessors either followed by an appeal to the county board of equalization or to arbitration and in either case, to appeal to the superior court.
If you wish to file an appeal, you must do so in writing no later than 30 days af ter the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number).'
(c) Posting notice on certain conditions. In all cases where a notice is required to be given to a taxpayer under subsection (a) of this Code section, if the notice is not given to the taxpayer personally or if the notice is mailed but returned undelivered to the county board of tax assessors, then a notice shall be posted in front of the courthouse door for a period of 30 days. Each posted notice shall contain the name of the owner liable to taxation, if known, or, if the owner is unknown, a brief description of the property together with a statement that the assessment has been made or the return changed or altered, as the case may be, and the notice need not contain any other in formation. The judge of the probate court of the county shall make a certificate as to the posting of the notice. Each certificate shall be signed by the judge and shall be re corded by the county board of tax assessors in a book kept for that purpose. A certi fied copy of the certificate of the judge duly authenticated by the secretary of the board shall constitute prima-facie evidence of the posting of the notice as required by law.
(d) Records and information availability. From and after the date of the notice re quired to be given by the county board of tax assessors under subsection (a) of this Code section, all records and information of the county board of tax assessors pertain ing to the appraised and assessed values of the residential real property and vacant real property subject to such notice shall be made available to the taxpayer during normal business hours at offices of the county board of tax assessors. The taxpayer may request, and the county board of tax assessors shall provide within ten business days, copies of such records and information at a uniform copying fee not to exceed 250 per page. Notwithstanding the provision of Code Section 50-18-71, no additional charges or fees may be collected for search, retrieval, or other administrative costs as sociated with providing such records and information.

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(e) Basts for new assessment. Where the assessment of the value of the taxpayer's residential real property subject to taxation exceeds the previous final assessment of such property by 15 percent or more, the notice required by this subsection shall con tain a simple, nontechnical written description of the basis for the new assessment, in cluding a statement of all documents reviewed in making the assessment, the address of all residential real properties utilized as comparable properties, and all factors con sidered in establishing the new assessment. Where the assessment of the value of the taxpayer's property subject to taxation does not exceed the previous final assessment of such property by at least 15 percent, the documents required to be attached to the notice by this subsection shall be made available to the taxpayer pursuant to the terms and conditions of subsection (d) of this Code section, and the notice shall con tain a statement of that availability."
SECTION 3.
Said chapter is further amended by striking Code Section 48-5-311, relating to county boards of equalization and review and appeal of assessments, and inserting in its place a new Code Section 48-5-311 to read as follows:
"48-5-311.
(a) Establishment.
(1) There is established in each county of the state a county board of equalization to consist of three members and three alternate members appointed in the manner and for the term set forth in this Code section. In those counties having more than 10,000 parcels of real property, the county governing authority, by appropriate reso lution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels.
(2) Notwithstanding any part of this subsection to the contrary, at any time the gov erning authority of a county makes a request to the grand jury of the county for ad ditional alternate members of boards of equalization, the grand jury shall appoint the number of alternate members so requested to each board of equalization, such number not to exceed a maximum of 21 alternate members for each of the boards. The alternate members of the boards shall be duly qualified and authorized to serve on any of the boards of equalization of the county. The grand jury of any such county may designate a chaliiiiau chairperson and two vice-chaii men vice chairper sons of each such board of equalization. The eliaumaii chairperson and vice-chaiimen vice chairpersons shall be vested with full administrative authority in calling and conducting the business of the board. Any combination of members or alternate members of any such board of equalization of the county shall be competent to exer cise the power and authority of the board. Any person designated as an alternate member of any such board of equalization of the county shall be competent to serve in such capacity as provided in this Code section upon appointment and taking of oath.
(3) Notwithstanding any provision of this subsection to the contrary, in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, the governing authority of the county, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels

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in the county exceeding 10,000 parcels. In addition to the foregoing, any two mem bers of a county board of equalization of the county may decide an appeal from an assessment, notwithstanding any other provisions of this Code section. The decision shall be in writing and signed by at least two members of the board of equalization; and, except for the number of members necessary to decide an appeal, the decision shall conform to the requirements of this Code section.
(4)(A)(i) Until December 31, 1996, any municipal corporation which lies in two or more counties of this state and in which the majority of the population of such municipal corporation resides within any county of this state having a pop ulation of 400,000 or more according to the United States decennial census of 1990 or any future such census and which has an independent school system co extensive with its boundaries shall contract with the county in which the major ity of the population of such municipal corporation resides to provide for the as sessment, evaluation, and revaluation of ad valorem taxes on property which lies in any portion of such municipal corporation located in a county other than the contracting county and to provide for the contracting county to process, hear, and dispose of all administrative appeals of property tax assessments re lating to such property.
(ii) On and after January 1, 1997, any municipal corporation which lies in two or more counties of this state and in which the majority of the population of such municipal corporation resides within any county of this state having a pop ulation of 400,000 or more according to the United States decennial census of 1990 or any future such census and which has an independent school system co extensive with its boundaries may contract with the county in which the major ity of the population of such municipal corporation resides to provide for the as sessment, evaluation, and revaluation of ad valorem taxes on property which lies in any portion of such municipal corporation located in a county other than the contracting county and to provide for the contracting county to process, hear, and dispose of all administrative appeals of property tax assessments re lating to such property.
(B) Any municipal corporation which enters into any contract under division (i) or (ii) of subparagraph (A) of this paragraph shall obligate itself by such contract to reimburse the contracting county for the actual costs incurred by such county for providing the services described in division (i) or (ii) of subparagraph (A) of this paragraph.
(b) Qualifications.
(1) Each person who is, in the judgment of the appointing grand jury, qualified and competent to serve as a grand juror, who is the owner of real property, and who is at least a high school graduate shall be qualified, competent, and compellable to serve as a member or alternate member of the county board of equalization. No member of the county board of tax assessors, employee of the county board of tax assessors, or county tax appraiser shall be competent to serve as a member or alter nate member of the county board of equalization.
(2)(A) Within the first year after a member's initial appointment to the board of equalization on or after January 1, 1981, each member shall satisfactorily com plete not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner. The failure of any

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member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled.
(B) No person shall be eligible to hear an appeal as a member of a board of equal ization on or after January 1, 1995, unless prior to hearing such appeal, that per son shall satisfactorily complete the 40 hours of instruction in appraisal and equalization processes and procedures required under subparagraph (A) of this paragraph. Any person appointed to such board shall be required to complete an nually a continuing education requirement of at least eight hours of instruction in appraisal and equalization procedures, as prepared and required by the commis sioner. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy cre ated thereby shall be filled in the same manner as other vacancies on the board are filled.
(c) Appointment.
(1) Except as provided in paragraph (2) of this subsection, each member and alter nate member of the county board of equalization shall be appointed for a term of three calendar years next succeeding the date of his such member or such alternate member's selection. Each term shall begin on January 1.
(2) The grand jury in each county at any term of court preceding November 1 of 1991 shall select three persons who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons who are other wise qualified to serve as alternate members of the county board of equalization. The three individuals selected as alternates shall be designated as alternate one, al ternate two, and alternate three, with the most recent appointee being alternate number three, the next most recent appointee being alternate number two, and the most senior appointee being alternate number one. One member and one alternate shall be appointed for terms of one year, one member and one alternate shall be ap pointed for two years, and one member and one alternate shall be appointed for three years. Each year thereafter, the grand jury of each county shall select one member and one alternate for three-year terms.
(3) If a vacancy occurs on the county board of equalization, the individual desig nated as alternate one shall then serve as a member of the board of equalization for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session or the next grand jury shall select an individual who is other wise qualified to serve as an alternate member of the county board of equalization for the unexpired term. The individual so selected shall become alternate member three, and the other two alternates shall be redesignated appropriately.
(4) Within five days after the names of the members and alternate members of the county board or boards of equalization have been selected, the clerk of the superior court shall issue and deliver to the sheriff or his deputy sheriff a precept containing the names of the persons so selected. Within ten days of receiving the precept, the sheriff or his deputy sheriff shall cause the persons whose names are written on the precept to be served personally or by leaving the summons at their place of resi dence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15.

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(5) Each member and alternate member of the county board of equalization, on the date prescribed for appearance before the clerk of the superior court and before en tering on the discharge of iris such member and alternate member's duties, shall take and subscribe before the clerk of the superior court the following oath:
"You shall faithfully and impartially discharge the duty of members and alternate members of the board of equalization for the County of _________, in accor dance with the Constitution and laws of this state, to the best of your skill and knowledge. So help you God.'
In addition to the oath of office prescribed in this paragraph, the judge of the supe rior court shall charge each member and alternate member of the county board of equalization with the law and duties relating to his such office.
(d) Duties and powers.
(1) The county board of equalization shall hear and determine appeals from assess ments and denials of homestead exemptions as provided in subsection (e) of this Code section.
(2) If in the course of determining an appeal the county board of equalization finds reason to believe that the property involved in an appeal or the class of property in which is included the property involved in an appeal is not uniformly assessed with other property included in the digest, the board shall request the respective parties to the appeal to present relevant information with respect to that question. If the board determines that uniformity is not present, the board may order the county board of tax assessors to take such action as is necessary to obtain uniformity, ex cept that, when a question of county-wide uniformity is considered by the board, the board may order a partial or total county-wide revaluation only upon a determina tion by a majority of all the members of the board that the clear and convincing weight of the evidence requires such action. The board of equalization may act pur suant to this paragraph whether or not the appellant has raised the issue of uniformity.
(3) The board shall establish by regulation procedures, not in conflict with the regu lations promulgated by the commissioner pursuant to subparagraph (e)(5)(B) of this Code section, for the conducting of appeals before the board. The procedures shall be entered into the minutes of the board and a copy of the procedures shall be made available to any individual upon request.
(e) Appeal.
(1) Any resident or nonresident taxpayer may appeal from an assessment by the county board of tax assessors to the county board of equalization or to an arbitrator or arbitrators as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions. Appeals to the county board of equalization shall be conducted in the manner provided in paragraph (2) of this sub section. Appeals to an arbitrator or arbitrators shall be conducted in the manner specified in subsection (f) of this Code section. Such proceedings shall be at the time of day determined in consultation with the taxpayer and acceptable to the tax payer, between the hours of 8:00 A.M. and 7:00 P.M. on a business day. Following such determination the taxpayer shall be authorized to exercise a one-time option of changing such day and time, if necessary, to another such time and day. All pro ceedings on any such appeal or arbitration shall be conducted within 30 days of the filing of the notice of appeal under paragraph (2) of this subsection.

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(2)(A) An appeal shall be effected by mailing to or filing with the county board of tax assessors a notice of appeal within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that for counties or municipal corpora tions providing for the collection and payment of ad valorem taxes in installments the time for filing the notice of appeal shall be 30 days. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. Any such notice of appeal which is mailed pursuant to this subparagraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax no tice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in para graph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors.
(B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer and to the county board of equalization which notice shall also constitute the taxpayer's ap peal to the county board of equalization without the necessity of the taxpayer's fil ing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization.
(C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If the taxpayer is dis satisfied with such changes or corrections, the taxpayer shall, within 21 days of the date of mailing of the change notice, institute an appeal to the county board of equalization by mailing to or filing with the county board of tax assessors a writ ten notice of appeal. Any such notice of appeal which is mailed pursuant to this subparagraph shall be deemed to be filed as of the date of the United States Pos tal Service postmark on such notice of appeal. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization.
(D) The written notice to the taxpayer required by this paragraph shall contain a statement of the grounds for rejection of the position of the taxpayer with regard to the valuation of the property. Such grounds as stated in the written notice shall constitute the position of the county board of tax assessors on the taxpayer's appeal to the county board of equalization and thereafter, and no addition to or amendment of such grounds shall be permitted before the county board of equali zation or in any civil proceeding thereafter.
(3) In any year in which no county-wide reevaluation is implemented, the county board of tax assessors shall make its determination and notify the taxpayer within 180 days after receipt of the taxpayer's notice of appeal. If the county board of tax

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assessors fails to respond to the taxpayer within such 180 day period during such year, the appeal shall be automatically referred to the county board of equalization. This paragraph shall not apply to any county whose digest for the current year can not be approved by the commissioner pursuant to subsection (a) of Code Section 485-304.
(4) The determination by the county board of tax assessors of questions of fact shall be prima-facie correct in any appeal to the county board of equalization.
(5)(A) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board.
(B) The commissioner, by regulation, may adopt uniform procedures and stan dards which, when approved by the State Board of Equalization, shall be followed by county boards of equalization in determining appeals.
(6)(A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. A taxpayer may appear before the board concerning any appeal in person, by his or her au thorized agent or representative, or both. The taxpayer shall specify in writing to the board the name of any such agent or representative prior to any appearance by the agent or representative before the board.
(B) Within 30 days of the date of notification to the taxpayer of the hearing re quired in this paragraph but not earlier than 20 days from the date of such notifi cation to the taxpayer, the county board of equalization shall hold such hearing to determine the questions presented.
(C) If more than one contiguous property of a taxpayer is under appeal, the board of equalization shall, upon request of the taxpayer, consolidate all such appeals in one hearing and render separate decisions as to each parcel or item of property. Any appeal from such a consolidated board of equalization hearing to the superior court as provided in this subsection shall constitute a single civil action, and, un less the taxpayer specifically so indicates in his or her notice of appeal, shall ap ply to all such parcels or items of property.
(D)(i) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall specify the reason or reasons for each such deci sion as to the specific issues of taxability, uniformity of assessment, value, or denial of homestead exemptions depending upon the specific issue or issues raised by the taxpayer in the course of his such taxpayer's appeal, shall state that with respect to the appeal no member of the board is disqualified from act ing by virtue of subsection fr) (j) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the delib erations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote.
(ii) Except as otherwise provided in subparagraph (g)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question

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and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such taxpayer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization.
(iii)(I) If the county's tax bills are issued before the county board of equaliza tion has rendered its decision on property which is on appeal, the county board of tax assessors shall specify to the county tax commissioner the higher of the taxpayer's return valuation or 85 percent of the current year's valua tion as set by the county board of tax assessors. This amount shall be the ba sis for a temporary tax bill to be issued. Such tax bill shall be accompanied by a notice to the taxpayer that the bill is a temporary tax bill pending the outcome of the appeal process. Such notice shall also indicate that upon reso lution of the appeal, there may be additional taxes due or a refund issued.
(II) If the final determination of the value on appeal is less than the valua tion thus used, the taxpayer shall receive a deduction in such taxpayer's taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such in terest exceed $150.00.
(III) If the final determination of value on appeal is greater than the valua tion thus used, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the rate as specified in Code Section 48-2-35. Such interest shall accrue from November 15 of the taxable year in question or the date the final install ment of the tax was due to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days. Any taxpayer shall be exempt each taxable year from any such interest owed under this subdivision with respect to such taxpayer's homestead property.
(7) The county governing authority shall furnish the county board of equalization necessary facilities and secretarial and clerical help. The secretary of the county board of tax assessors shall see that the records and information of the county board of tax assessors are transmitted to the county board of equalization. The county board of equalization must consider in the performance of its duties the information furnished by the county board of tax assessors and the taxpayer.
(8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county con ducted pursuant to Code Section 48-5-274. The board must consider the study upon any such request.
(f) Arbitration.
(1) At the option of the taxpayer an appeal shall be submitted to arbitration.
(2) Following an election by the taxpayer under paragraph (1) of this subsection, an arbitration appeal shall be effected by the taxpayer's filing a written notice of arbi tration with the county board of tax assessors. The notice of arbitration shall specif ically state the grounds for arbitration. The notice shall be filed within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that for counties or municipal corporations providing for the collection and payment of ad

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valorem taxes in installments the time for filing the notice of appeal shall be 30 days. The county board of tax assessors shall certify to the clerk of the superior court the notice of arbitration and any other papers specified by the person seeking arbitration including, but not limited to, the staff information from the file used by the county board of tax assessors. All papers and information certified to the clerk shall become a part of the record on arbitration. Within 15 days of the filing of the certification to the clerk of the superior court, the judge shall issue an order author izing the arbitration and appointing a referee.
(3) The arbitration of the correctness of the decision of the county board of tax as sessors shall be conducted pursuant to the procedures outlined in Article 2 of Chap ter 9 of Title 9 with the following exceptions:
(A) If both parties agree, the matter may be submitted to a single arbitrator. If both parties agree, the referee may serve as the single arbitrator;
(B) If the parties do not agree to a single arbitrator, then three arbitrators shall hear the appeal. Such arbitrators shall be appointed as provided in Code Section 9-9-67. If one or both parties are unable to select an arbitrator, the appeal shall be heard by a single arbitrator who shall be appointed by the judge of the supe rior court as provided in Code Section 9-9-67;
(C) In order to be qualified to serve as an arbitrator, a person must be at least a registered real estate appraiser as classified by the Georgia Real Estate Apprais ers Board;
(D) The arbitrator or a majority of the arbitrators, as applicable, within 30 days after their appointment shall render a decision regarding the correctness of the decision of the county board of tax assessors and, if correction of the decision is required, regarding the extent and manner in which the decision should be cor rected. The decision of the arbitrator or arbitrators, as applicable, may be ap pealed to the superior court in the same manner as a decision of the board of equalization; and
(E) The taxpayer shall be responsible for the fees and costs of such taxpayer's ar bitrator and the county shall be responsible for the fees and costs of such county's arbitrator. The two parties shall each be responsible for one-half of the fees and costs of the third arbitrator. In the event the appeal is submitted to a single arbi trator, the two parties shall each be responsible for one-half of the fees and costs of such arbitrator.
(g) Appeals to the superior court.
(1) The taxpayer or, except as otherwise provided in this paragraph, the county board of tax assessors may appeal decisions of the county board of equalization, the arbitrator, or the arbitrators, as applicable, to the superior court of the county in which the property lies. A county board of tax assessors may not appeal a decision of the county board of equalization changing an assessment by 15 percent or less unless the board of tax assessors gives the county governing authority a written no tice of its intention to appeal and within ten days of receipt of the notice the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors, such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal by majority vote within the allowed period of time.

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(2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by mailing to or filing with the county board of tax assessors a written notice of appeal. Any such notice of appeal which is mailed pursuant to this para graph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice shall be mailed or filed within 30 days from the date on which the decision of the county board of equalization is mailed pursuant to subparagraph (e)(6)(D) of this Code sec tion or within 30 days from the date on which the arbitration decision is rendered pursuant to subparagraph (f)(3)(D) of this Code section, whichever is applicable. The county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff information from the file used by either the county board of tax assessors or the county board of equalization. All papers and informa tion certified to the clerk shall become a part of the record on appeal to the superior court. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer or his or her attorney or agent of record with a copy of the notice of appeal and with the civil action file number assigned to the appeal. Such service shall be effected in accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or other pleadings may be filed by the county board of tax as sessors in the appeal until such service has been made.
(3) The appeal shall constitute a de novo action.
(4)(A) The appeal shall be heard before a jury at the first term following the filing of the appeal unless continued by the court upon a showing of good cause. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury shall be held within 40 days following the date on which the appeal is filed with the clerk of the superior court. The time of any hearing shall be set in consultation with the taxpayer and at a time acceptable to the taxpayer between the hours of 8:00 A.M. and 7:00 P.M. on a business day.
(B)(i) The county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county. If the final de termination of value on appeal is less than the valuation set by the county board of equalization, the arbitrator, or the arbitrators, as applicable, the tax payer shall receive a deduction in such taxpayer's taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 482-35 which shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00.
(ii) If the final determination of value on appeal is 85% or less of the valuation set by the county board of equalization, the taxpayer, in addition to the interest provided for by this paragraph, shall recover costs of litigation and reasonable attorney's fees incurred in the action.
(iii) If the final determination of value on appeal is greater than the valuation set by the county board of equalization, the arbitrator, or the arbitrators, as ap plicable, the taxpayer shall be liable for the increase in taxes for the year in

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623

question due to the increased valuation fixed on appeal with interest at the same rate as specified in Code Section 48-2-35. Such interest shall accrue from November 15 of the taxable year in question or the date the final installment of tax was due to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days. Any taxpayer shall be exempt each taxable year from any such interest owed under this subparagraph with respect to such taxpayer's homestead property.
(h) In the course of any assessment, appeal, or arbitration, or any related proceeding, the taxpayer shall be entitled to make audio recordings of any interview with any of ficer or employee of the taxing authority relating to the valuation of the taxpayer's property subject to such assessment, appeal, arbitration, or related proceeding, at the taxpayer's expense and with equipment provided by the taxpayer, and no such officer or employee may refuse to participate in an interview relating to such valuation for reason of the taxpayer's choice to record such interview.
dr)(i) Alternate members. Alternate members of the county board of equalization in the order in which selected shall serve:
(1) As members of the county board of equalization in the event there is a perma nent vacancy on the board created by the death, ineligibility, removal from the county, or incapacitating illness of a member or by any other circumstances. An al ternate member who fills a permanent vacancy shall be considered a member of the board for the remainder of the unexpired term;
(2) In any appeal with respect to which a member of the board is disqualified and shall be considered a member of the board; or
(3) In any appeal at a regularly scheduled or called meeting in the absence of a member and shall be considered a member of the board.
frXj) Disqualification.
(1) No member of the county board of equalization shall serve with respect to any appeal concerning which he or she would be subject to a challenge for cause if he or she were a member of a panel of jurors in a civil case involving the same subject matter.
(2) The parties to an appeal to the county board of equalization shall file in writing with the appeal, in the case of the person appealing, or, in the case of the county board of tax assessors, with the certificate transmitting the appeal, questions relat ing to the disqualification of members of the county board of equalization. Each question shall be phrased so that it can be answered by an affirmative or negative response. The members of the county board of equalization shall, in writing under oath within two days of their receipt of the appeal, answer the questions and any question which may be adopted pursuant to subparagraph (e)(5)(B) of this Code sec tion. Answers of the county board of equalization shall be part of the decision of the board and shall be served on each party by first-class mail. Determination of dis qualification shall be made by the judge of the superior court upon the request of any party when the request is made within two days of the response of the board to the questions. The time prescribed under subparagraph (e)(6)(A) of this Code sec tion shall be tolled pending the determination by the judge of the superior court.
tj)(k) Compensation. Each member of the county board of equalization shall be com pensated by the county per diem for time expended in considering appeals. The com pensation shall be paid at a rate of not less than $25.00 per day and shall be deter-

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mined by the county governing authority. The attendance at required approved appraisal courses shall be part of the official duties of a member of the board, and he or she shall be paid for each day in attendance at such courses and shall be allowed reasonable expenses necessarily incurred in connection with such courses. Compensa tion pursuant to this subsection shall be paid from the county treasury upon certifica tion by the member of the days expended in consideration of appeals."
SECTION 4.
This Act shall become effective on January 1, 2000, and shall be applicable to all assess ments and proceedings commenced on or after that date.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senators Johnson of the 1st, Thompson of the 33rd and Walker of the 22nd offered the following amendment:
Amend the committee substitute to SB 177 by: after "taxes" on page 6, line 2, add a pe riod and delete the underlined portion starting with ", but" and ending with "increase." on line 7. In its place, add the following:
"In all proceedings, whether before the Board of Equalization or in arbitration or before the Superior Court, the tax assessors shall have the burden of proving the validity of their proposed assessment beyond a reasonable doubt, and the judge shall so charge the jury."
On page 25, add a new subparagraph after line 16:
"(1) In all proceedings, whether before the Board of Equalization or in arbitration or before the Superior Court, the tax assessors shall have the burden of proving the valid ity of their proposed assessment beyond a reasonable doubt, and the judge shall so charge the jury."
Senator Johnson of the 1st asked unanimous consent that his amendment be withdrawn. The consent was granted and the amendment was withdrawn.
Senators Johnson of the 1st, Thompson of the 33rd and Walker of the 22nd offered the following amendment:
Amend the committee substitute to SB 177 by: after "taxes" on page 6, line 2, add a pe riod and delete the underlined portion starting with ", but" and ending with "increase." on line 7. In its place, add the following:
"In all proceedings, whether before the Board of Equalization or in arbitration or before the Superior Court, the tax assessors shall have the burden of proving the validity of their proposed assessment by a preponderance of evidence, and the judge shall so charge the jury."
On page 25, add a new subparagraph after line 16:
"(1) In all proceedings, whether before the Board of Equalization or in arbitration or before the Superior Court, the tax assessors shall have the burden of proving the valid ity of their proposed assessment by a preponderance of evidence, and the judge shall so charge the jury."
On the adoption of the amendment, the yeas were 46, nays 0, and the Johnson of the 1st, et al. amendment to the committee substitute was adopted.
On the adoption of the substitute, a roll call was taken, and the vote was as follows:

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625

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land EX Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan
Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the substitute, the yeas were 54, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land EX Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

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

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Senator Tanksley of the 32nd moved that SB 177 be immediately transmitted to the House. On the motion, the yeas were 51, nays 0; the motion prevailed, and SB 177 was immediately transmitted.
SB 139. By Senator Madden of the 47th:
A bill to amend Code Section 37-2-6 of the Official Code of Georgia Annotated, relating to community mental health, mental retardation, and substance abuse boards, so as to provide that no officer of a community service board shall take any action against an employee who makes a complaint to the board or to a member of the General Assembly concerning any fraud, waste, or abuse relat ing to the board's operation.

The Senate Health and Human Services Committee offered the following amendment: Amend SB 139 by striking line 22 of page 1 and inserting in lieu thereof the following:
"programs, operations, or client services of the board to the board or to a".
On adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land EX Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott
Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.
SB 61. By Senators Lamutt of the 21st, Polak of the 42nd, Thomas of the 54th and others:

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627

A bill to amend Code Section 50-29-12 of the Official Code of Georgia Anno tated, relating to electronic signature pilot projects, so as to recreate the Elec tronic Commerce Study Committee and provide for its membership, organiza tion, terms of office, vacancies, meetings, powers, and reports; to provide for allowances and expenses; to provide for an effective date.
The Senate Defense, Science, and Technology Committee offered the following substitute to SB 61:
A BILL
To be entitled an Act to amend Code Section 50-29-12 of the Official Code of Georgia An notated, relating to electronic signature pilot projects, so as to recreate the Electronic Commerce Study Committee and provide for its membership, organization, terms of of fice, vacancies, meetings, powers, and reports; to provide for allowances and expenses; to provide for an effective date; to provide for termination of the Electronic Commerce Study Committee and the repeal of laws relating thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 50-29-12 of the Official Code of Georgia Annotated, relating to electronic signature pilot projects, is amended by striking subsection (d) thereof and inserting in its place the following:
"(d) There is created the Electronic Commerce Study Committee to be composed of i2 13 members. The committee shall study the issues relating to electronic records and signatures. The President of the Senate shall appoint five members to the committee, three of whom shall be members of the Senate and two of whom shall be citizen mem bers with recognized interest and expertise in electronic commerce. The Speaker of the House of Representatives shall appoint five members to the committee, three of whom shall be members of such House and two of whom shall be citizen members with recognized interest and expertise in electronic commerce. The members of the committee shall serve for terms of office beginning at the time of their appointment and expiring December 31 of each even-numbered year. Vacancies occurring on the committee shall be filled in the same manner as the original appointment to serve out the remaining unexpired term of office. The President of the Senate and Speaker of the House of Representatives shall also each designate from among their legislator ap pointees one cochair of the committee to serve as cochair during their terms of office as a member of the committee. The GeorgiaNet Authority shall appoint one member to the committee. The Georgia Information Technology Policy Council shall appoint one member to the committee. The Secretary of State shall appoint one member to the committee. The committee, upon the call of either cochair, is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties, and accomplish its objectives and purposes. Legislative members and citizen members shall receive the allowances authorized by law for members of interim legislative committees for their services on the committee but shall receive the same for not more than five days. Members of the committee who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the com mittee. The funds necessary for the reimbursement of the expenses of state officials,

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other than legislative members, and state employees shall come from funds appropri ated to or otherwise available to their respective departments. All other funds neces sary to carry out the provisions of this subsection shall come from the funds appropri ated to or otherwise available to the Senate and House of Representatives. If the The committee makes shall make a report of its findings and recommendations, with sug gestions for proposed legislation, if any, smell lepuit shall bu mdJe on or before Decem ber 15, 1988. The committee shall slaiul abolished Ducembei 10, 1998 of each year. The Electronic Commerce Study Committee created in this subsection shall be termi nated on December 31, 2000, and this subsection shall be repealed in its entirety on December 31, 2000."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senators Lamutt of the 21st and Stephens of the 51st offered the following amendment:
Amend the committee substitute to SB 61 by deleting from "Legislative" on line 12, thru "days." on line 16.
Delete from "All" on line 24 thru "Representatives." on line 28.
On the adoption of the amendment, the yeas were 39, nays 0, and the Lamutt, Stephens amendment to the committee substitute was adopted.
On adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,D
Johnson.E Y Kemp Y Ladd Y Lamutt Y Land EX Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate
Thomas,D Y Thomas,N
Thompson Y Walker Y Williams

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629

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill was taken up to consider House action thereto:
SB 167. By Senators Walker of the 22nd and Cheeks of the 23rd:
A bill to amend an Act providing for the consolidated government of Augusta, Georgia, as amended, so as to change the provisions relating to the filling of vacancies in the office of the mayor or in the membership of the commission; to repeal certain provisions relating to affirmative action and equal opportunities.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act providing for the consolidated government of Au gusta, Georgia, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, so as to change the provisions relating to the filling of vacancies in the office of the mayor or in the membership of the commission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act providing for the consolidated government of Augusta, Georgia, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, is amended by striking subsection (a) of Section 5 of said Act and inserting in its place the following:
"(a) A vacancy which occurs in the office of the mayor or in the membership of the commission by death, resignation, removal from the commission district, or for any other reason shall be filled by the remaining members of the commission appointing a qualified person to serve for the unexpired term, unless the unexpired term exceeds 12 calendar months, in which event, the commission shall appoint a qualified person to serve until a successor is elected to serve for the unexpired term as provided in this subsection. When the unexpired term exceeds 12 calendar months, a special election shall be held in the county in the case of the mayor or in the commission district in which the vacancy occurred to elect a successor for the unexpired term. Any such spe cial election shall be called, held, and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.'"
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Cheeks of the 23rd moved that the Senate agree to the House substitute to SB 167.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 167.
The Calendar was resumed.
SB 51. By Senators Huggins of the 53rd, Hooks of the 14th, Gillis of the 20th and others:

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A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to loitering at or disrupting schools, so as to change the provisions relating to school safety plans; to provide that school safety plans shall also address preparedness for natural disasters, hazardous materi als or radiological accidents, acts of violence, and acts of terrorism.
The Senate Public Safety Committee offered the following substitute to SB 51:
A BILL
To be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia An notated, known as the "Georgia Emergency Management Act of 1981," so as to change the definition of the term "emergency management"; to change the provisions relating to the authority of the director of emergency management; to require certain emergency management personnel to be certified and to provide requirements for certification; to require certain emergency management personnel to complete annual continuing educa tional courses; to provide for recertification of certain emergency management personnel; to amend Code Section 46-5-123 of the Official Code of Georgia Annotated, relating to creation of the "911" Advisory Committee, so as to change the composition of the "911" Advisory Committee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 38 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Management Act of 1981," is amended by striking in its entirety paragraph (1) of Code Section 38-3-3, relating to definitions applicable to said chapter, and in serting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Emergency management' means the preparation for the carrying out of all emergency functions other than functions for which military forces are primarily re sponsible to prevent, minimize, and repair injury and damage resulting from emer gencies, energy emergencies, disasters, or the imminent threat thereof, of manmade or natural origin caused by enemy attack, sabotage, acts of domestic or international terrorism, civil disturbance, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, riot or other hostile action, radiological action, or other causes. These functions include, without limitation, fire-fighting services; police services; emergency medical and health services; rescue; engineering; warning services; communications; defense from radiological, chemical, biological, and other special weapons to include weapons of mass destruction; evacuation of persons from stricken areas; emergency welfare ser vices; consequence management functions to include victim services; emergency transportation; plant protection; temporary restoration of public utility services; and other functions related to civilian protection, together with all other activities neces sary or incidental to the preparation for and carrying out of the foregoing functions."
SECTION 2.
Said chapter is further amended by striking in its entirety subsection (c) of Code Section 38-3-20, relating to the creation of the Georgia Emergency Management Agency, and in serting in lieu thereof a new subsection (c) to read as follows:
"(c) The director may employ such professional, technical, clerical, stenographic, and other personnel, may fix their compensation, and may make such expenditures within the appropriation therefor, or from other funds made available for purposes of emer-

TUESDAY, MARCH 2, 1999

631

gency management, as may be necessary to carry out the purposes of Article 1, this article, and Article 3 of this chapter, and: the duties of the agency and the director de scribed in Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Tele phone Number "911" Service Act of 1977,' as amended."
SECTION 3.
Said chapter is further amended by striking in their entirety paragraphs (1) through (3) of subsection (a) of Code Section 38-3-27, relating to local organizations for emergency management, and inserting in lieu thereof new paragraphs (1) through (3) to read as follows:
"(a)(l) The governing body of each county of this state may establish a local organi zation for emergency management in accordance with the state emergency manage ment plan and program. If a county fails to establish an organization for emergency management in accordance with the state emergency management plan and pro gram, any municipality in such county may establish its own organization for emer gency management. In cases where a county has an organization for emergency management, such organization shall include participation by each city within the county unless the governing authority of any particular city elects to implement its own organization for emergency management. Any two or more of the above-men tioned political subdivisions may, with the approval of the director, contract with each other so as to form one emergency management organization for the entire area included in the bounds of the contracting political subdivisions. The executive officer or governing body of the political subdivision is authorized to nominate a lo cal director whuse numliiatiun must be Miduibed by to the director of emergency management ptiui lu who shall have the authority to make the appointment by Lhe Guveiaui. The local director shall have direct responsibility for the organization, administration, and operation of the local organization for emergency management, subject to the direction and control of the executive officer or governing body and shall serve at the pleasure of such executive officer or governing body. Each local or ganization for emergency management shall perform emergency management func tions within the territorial limits of the political subdivision within which it is or ganized and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to Article 1, this article, and Article 3 of this chapter.
(2) A local director appointed pursuant to the provisions of paragraph (1) of this subsection who is paid a salary for full-time service as a director by the political subdivision or political subdivisions shall have the following minimum qualifications:
(A) The director shall be at least 21 years of age;
(B) The director shall not have been convicted of a felony. The executive officer or governing body of a political subdivision which nominates a local director shall furnish the director of emergency management two sets of fingerprints of the nominee. The director of emergency management shall forward fingerprints re ceived concerning each nominee to the Georgia Crime Information Center of the Georgia Bureau of Investigation for the purpose of criminal identification through the fingerprint system of identification established by the Georgia Bureau of In vestigation and the fingerprint system of identification established by the Federal

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Bureau of Investigation. The Georgia Crime Information Center shall report the findings of its records search and the records search of the Federal Bureau of In vestigation to the director of emergency management;
(C) The director shall have completed a high school education or its equivalent and shall have successfully completed all initial courses required by the director of emergency management within 180 days following the date of nomination to office or within an extended period as determined by the director of emergency manage ment and shall have successfully completed subsequent courses required by the director of emergency management within an appropriate period as determined by the director of emergency management;
(D) The director shall be capable of writing plans for responding to and recovering from disasters in his jurisdiction and shall be routinely available to respond to emergency scenes, command posts, or operation centers; to coordinate emergency response of public and private agencies and organizations; to attend training; and to attend meetings convened by the appointing authority or the director of emer gency management; and
(E) The director shall not be self-employed or have any other occupation in the private sector which conflicts with his duties as a local director.
(3)(A) If a local director appointed pursuant to the provisions of paragraph (1) of this subsection is a part-time director, such part-time director shall meet the min imum qualifications in subparagraphs (A) through (D) of paragraph (2) of this subsection. If such local director is employed under a 40 to 90 percent (time re quired on job) work contract, such local director shall be required to devote at least 80 hours per month on emergency management matters but not more than 30 hours in any one week during normal business hours of other county offices. If such local director is employed under a 25 to 39 percent (time required on job) work contract, such local director shall be required to devote at least 40 hours per month on emergency management matters but not more than 15 hours in any one week during normal business hours of other county offices.
(B) If the part-time paid director is also a part-time paid employee of the federal or state government, he must have written authorization from the appropriate ap pointing authority to hold the position of director and to comply with the provi sions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection.
(C) If the part-time paid director is also a part-time paid employee of county or municipal government in another capacity, that government must enact an order or ordinance specifying that such director will be permitted to comply with the provisions of subparagraph (A) of this paragraph and subparagraph (D) of para graph (2) of this subsection. The order or ordinance shall also specify that the in dividual, when acting as director, shall relinquish authorities and responsibilities associated with his other governmental employment and shall name a person to assume those authorities and responsibilities until such time as the director shall cease to function as director. In no case shall the county or municipal government seek or receive any reimbursement for the part-time paid director's salary if such director is employed and compensated by the county or municipality in another capacity.

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633

(D) If the part-time paid director is also a part-time paid employee in the private sector, he shall have a letter from his employer stating that he shall, without pen alty, be permitted to comply with the provisions of subparagraph (A) of this para graph and subparagraph (D) of paragraph (2) of this subsection.
(E) If the part-time paid director is self-employed, he must certify, by letter, that his schedule shall permit him to comply with the provisions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection.
(F) Any director or deputy director of a local emergency management organization appointed after July 1, 1999, shall be a certified emergency manager under the Georgia Emergency Management Agency's Certified Emergency Manager Pro gram. The curriculum of the Certified Emergency Manager Program and require ments for certification shall be determined by the director of emergency management and shall include, but not be limited to, professional development series training, independent study courses, emergency preparedness courses, and fielddelivered courses. Certification shall expire biennially. As a condition of certifica tion renewal, such emergency management personnel shall be required to satisfactorily complete continuing education requirements provided for in subparagraph (G) of this paragraph.
(G) Emergency management personnel certified under the Certified Emergency Manager Program shall complete annually a minimum of 24 hours of continuing education to maintain certification. The continuing education shall include pro grams and courses sponsored or approved by the director of emergency manage ment. Personnel who lose their certification because of their failure to meet continuing education requirements will be eligible for recertification under provisions included in the Certified Emergency Manager Program."
SECTION 4.
Code Section 46-5-123 of the Official Code of Georgia Annotated, relating to creation of the "911" Advisory Committee, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) For the purposes of the development and implementation of a plan for the state wide emergency telephone number '911' system, there is created the '911' Advisory Committee to be composed of the director of emergency management, who shall serve as chairperson; the commissioner of ommmiilly affaiis administrative services or his or her designee; and ten other members appointed by the Governor, as follows:
(1) Three members appointed from nominees of the Georgia Municipal Association;
(2) Three members appointed from nominees of the Association County Commission ers of Georgia; and
(3) Four members who are experienced in and currently involved in the manage ment of emergency telephone systems."
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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N Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th N Brush Y Burton Y Butler N Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,D
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land EX Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

N Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat N Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker N Williams

On the passage of the bill, the yeas were 45, nays 7. The bill, having received the requisite constitutional majority, was passed by substitute.

SR 151. By Senators Thompson of the 33rd, Gillis of the 20th and Tanksley of the 32nd:

A resolution designating a bridge on 1-75 as the "Lester and Virginia Maddox Bridge".

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th
Brush Burton Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Egan Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,D
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land EX Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D
Thomas,N Y Thompson
Walker Y Williams

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635

On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
The following resolution was read and put upon its adoption:
HR 375. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and others: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the United States Secretary of Agriculture.
On the adoption of the resolution, the yeas were 45, nays 0, and the resolution was adopted. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow; the motion prevailed, and at 12:35 p.m. the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Wednesday, March 3, 1999
Twenty-ninth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 729. By Representatives Williams of the 114th, Howard of the 118th, DeLoach of the 119th and others:
A bill to amend an Act creating the Augusta Port Authority, so as to change the provisions relating to the membership of the authority; to provide for the appointment, terms, and vacancies of members.
HB 733. By Representatives Williams of the 114th, Howard of the 118th, DeLoach of the 119th and others:
A bill to amend an Act creating the Augusta Canal Authority, so as to change the provisions relating to the membership of the authority; to provide for the appointment, terms, and vacancies of members.
HB 742. By Representative Smith of the 169th:
A bill to amend an Act creating the office of commissioners of Roads and Reve^ nues of Brantley County, so as to change the compensation for the commis sioners and the chairperson.
HB 759. By Representative Massey of the 86th:
A bill to amend an Act providing authority for members of the Board of Edu cation of Barrow County, so as to provide for redistricting.
HB 760. By Representative Bridges of the 9th:
A bill to provide a homestead exemption from City of Cornelia ad valorem taxes for city purposes in the amount of $5,000.00 of the assessed value of the homestead for each resident of the City of Cornelia; to provide a homestead exemption from City of Cornelia ad valorem taxes for city purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Cornelia who is 65 years of age or older.
HB 762. By Representative Massey of the 86th:
A bill to amend an Act re-creating and establishing a Board of Commissioners of Barrow County, so as to provide for redistricting.

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637

HB 768. By Representatives Sauder of the 29th, Wix of the 33rd, Parsons of the 40th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff.
HB 769. By Representatives Wiles of the 34th, Ehrhart of the 36th, Franklin of the 39th and others:
A bill to amend an Act providing for the compensation of the judge of the Ju venile Court of Cobb County, so as to provide for a change in the compensa tion of the judges of the Juvenile Court of Cobb County.
HB 771. By Representative Purcell of the 147th:
A bill to create the Effingham Family Connection Commission.
HB 780. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act regulating public instruction for the County of Rich mond, so as to change the provisions for removing the superintendent of schools from office; to change the maximum term of the superintendent's con tract and to change the qualifications for such office.
HB 781. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act regulating public instruction for the County of Rich mond, so as to change the provisions for filling vacancies on the board of edu cation of Richmond County and the manner of electing members of said board.
HB 783. By Representative Smith of the 91st:
A bill to amend an Act which relates to the election of the chairman and mem bers of the Oconee County board of education, so as to provide for the compen sation of the Oconee County board of education.
HB 789. By Representatives Cooper of the 31st, Ehrhart of the 36th, Franklin of the 39th and others:
A bill to amend an Act consolidating the offices of tax collector and tax re ceiver into the office of tax commissioner of Cobb County, so as to change the compensation of the chief clerk, executive secretary, and administrative specialist.
HB 796. By Representatives Teper of the 61st, Maddox of the 72nd, Harrell of the 62nd and others:
A bill to amend an Act revising, superseding, and consolidating the laws relat ing to the governing authority of DeKalb County, so as to authorize the Board of Commissioners of DeKalb County to adopt an ordinance allowing the deduc tion from the county employees' salaries or wages amounts designated for charitable organizations or contributions or dues to entities providing services and benefits to employees.

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HB 558. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown of the 130th and others:
A bill to amend Code Section 48-13-51, relating to the levy and collection of certain excise taxes, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax.
HB 585. By Representatives Teper of the 61st, Hugley of the 133rd, Taylor of the 134th and others:
A bill to amend Code Section 32-9-2 of the Official Code of Georgia Annotated, relating to operation of and financial assistance to mass transit systems, so as to authorize the Department of Transportation to participate in capital projects for mass transportation systems in certain circumstances.
HB 618. By Representatives Buck of the 135th and Royal of the 164th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to imposition of the special county 1 percent sales and use tax, so as to authorize the tax to be imposed for and proceeds of the tax to be ex pended for major capital equipment.
HB 458. By Representatives Childers of the 13th and Smith of the 12th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relative to counties and municipal corpo rations, so as to prohibit the commencement of certain rock quarry operations under certain circumstances.
HB 610. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Geor gia Annotated, relating to imposition, rate, computation, and exemptions with respect to income taxes, so as to increase the income tax credit for the cost of operation of employer provided or employer sponsored child care; to provide an income tax credit to employers who construct on-site qualified child care facilities.
HB 482. By Representatives Connell of the 115th and Martin of the 47th:
A bill to amend Code Section 16-12-1 of the Official Code of Georgia Anno tated, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a minor, so as to change certain penalty provisions applicable to such offense.
HB 635. By Representatives Randall of the 127th and Dean of the 48th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to the offense of driving under the influence of alcohol, drugs, or other intoxicating substances, so as to change certain penalty provisions ap plicable to a person who is convicted of a violation of said Code section.
HB 172. By Representatives Coleman of the 142nd, Childers of the 13th, Sinkfield of the 57th and others:

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A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to transfer the Division of Rehabilitation Services from the Department of Human Resources to the Department of Labor.
The following bills were introduced, read the first time and referred to committees:
SB 254. By Senator Smith of the 25th:
A bill to amend an Act reconstituting the Board of Education of Hancock County and providing for its powers, duties, rights, obligations, and liabilities so as to increase the compensation of the members of said board of education; to provide an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 255. By Senator Price of the 56th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to insurance generally, so as to provide for a short ti tle; to provide for legislative findings; to provide definitions; to require health insurers to provide coverage for inpatient care following certain surgical proce dures; to provide for coverage by insurers of postsurgical care; to provide for regulations to be issued by the Commissioner of Insurance.
Referred to Committee on Insurance and Labor.
SB 256. By Senators Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Geor gia Annotated, relating to dimensions and weight of vehicles and loads, so as to change certain provisions relating to width of vehicles and loads; to change certain provisions relating to permits for excess weight and dimension; to pro vide an effective date.
Referred to Committee on Transportation.
SB 257. By Senators Harbison of the 15th, Crotts of the 17th, Ray of the 48th and others:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the "Quality Ba sic Education Act," so as to change the provisions relating to the dates by which a child must reach a certain age in order to be eligible for enrollment in certain educational programs.
Referred to Committee on Education.
SB 258. By Senator Johnson of the 2nd:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, as amended, so as to repeal the provisions relating to the town administrator.
Referred to Committee on State and Local Governmental Operations.
SB 259. By Senators Hecht of the 34th, Kemp of the 3rd, Meyer von Bremen of 12th and others:
A bill to amend Code Section 9-11-28 of the Official Code of Georgia Anno tated, relating to persons before whom depositions may be taken, and Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, "The Geor-

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gia Court Reporting Act," so as to change provisions relating to disqualifica tion of court reporters from reporting depositions for interest; to prohibit speci fied contracts; to provide for exceptions; to provide definitions.
Referred to Committee on Special Judiciary.
SB 260. By Senators Madden of the 47th, Stokes of the 43rd, Thomas of the 10th and others:
A bill to amend Article 1 of Chapter 6 of Title 33 of the Official Code of Geor gia Annotated, relating to unfair trade practices in the business of insurance, so as to prohibit certain actions by certain insurers based on the abuse status of a person; to provide for definitions; to prohibit certain insurers from taking certain adverse actions against victims of abuse.
Referred to Committee on Insurance and Labor.
SR 230. By Senators Ragan of the llth, Blitch of the 7th and Jackson of the 50th:
A resolution urging the United States Senate and the President of the United States to reject the Kyoto Protocol on global warming.
Referred to Committee on Agriculture.
SR 231. By Senators Brush of the 24th and Walker of the 22nd:
A resolution urging the United States Congress to provide for a review and re vision of the Federal Motor Vehicle Safety Standard for motorcycle helmets (FMVSS 218) based on conclusions drawn from comprehensive testing per formed under realistic motorcycle accident conditions.
Referred to Committee on Public Safety.
The following bills were read the first time and referred to committees:
HB 172. By Representatives Coleman of the 142nd, Childers of the 13th, Sinkfield of the 57th and others:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to transfer the Division of Rehabilitation Services from the Department of Human Resources to the Department of Labor.
Referred to Committee on Insurance and Labor.
HB 458. By Representatives Childers of the 13th and Smith of the 12th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relative to counties and municipal corpo rations, so as to prohibit the commencement of certain rock quarry operations under certain circumstances.
Referred to Committee on Natural Resources.
HB 482. By Representatives Connell of the 115th and Martin of the 47th:
A bill to amend Code Section 16-12-1 of the Official Code of Georgia Anno tated, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a minor, so as to change certain penalty provisions applicable to such offense.
Referred to Committee on Judiciary.

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641

HB 558. By Representatives Smith of the 103rd, Williams of the 114th, Brown of the 130th and Yates of the 106th:
A bill to amend Code Section 48-13-51, relating to the levy and collection of certain excise taxes, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax.
Referred to Committee on Finance and Public Utilities.
HB 585. By Representatives Teper of the 61st, Hugley of the 133rd, Taylor of the 134th and others:
A bill to amend Code Section 32-9-2 of the Official Code of Georgia Annotated, relating to operation of and financial assistance to mass transit systems, so as to authorize the Department of Transportation to participate in capital projects for mass transportation systems in certain circumstances.
Referred to Committee on Transportation.
HB 610. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Geor gia Annotated, relating to imposition, rate, computation, and exemptions with respect to income taxes, so as to increase the income tax credit for the cost of operation of employer provided or employer sponsored child care; to provide an income tax credit to employers who construct on-site qualified child care facilities.
Referred to Committee on Finance and Public Utilities.
HB 618. By Representatives Buck of the 135th and Royal of the 164th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to imposition of the special county 1 percent sales and use tax, so as to authorize the tax to be imposed for and proceeds of the tax to be ex pended for major capital equipment.
Referred to Committee on Finance and Public Utilities.
HB 635. By Representatives Randall of the 127th and Dean of the 48th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to the offense of driving under the influence of alcohol, drugs, or other intoxicating substances, so as to change certain penalty provisions ap plicable to a person who is convicted of a violation of said Code section.
Referred to Committee on Judiciary.
HB 729. By Representatives Williams of the 114th, Howard of the 118th, DeLoach of the 119th and Connell of the 115th:
A bill to amend an Act creating the Augusta Port Authority, so as to change the provisions relating to the membership of the authority; to provide for the appointment, terms, and vacancies of members.
Referred to Committee on State and Local Governmental Operations.
HB 733. By Representatives Williams of the 114th, Howard of the 118th, DeLoach of the 119th and Connell of the 115th:

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A bill to amend an Act creating the Augusta Canal Authority, so as to change the provisions relating to the membership of the authority; to provide for the appointment, terms, and vacancies of members. Referred to Committee on State and Local Governmental Operations.
HB 742. By Representative Smith of the 169th: A bill to amend an Act creating the office of commissioners of Roads and Reve nues of Brantley County, so as to change the compensation for the commis sioners and the chairperson.
Referred to Committee on State and Local Governmental Operations.
HB 759. By Representative Massey of the 86th: A bill to amend an Act providing authority for members of the Board of Edu cation of Barrow County, so as to provide for redistricting.
Referred to Committee on State and Local Governmental Operations.
HB 760. By Representative Bridges of the 9th: A bill to provide a homestead exemption from City of Cornelia ad valorem taxes for city purposes in the amount of $5,000.00 of the assessed value of the homestead for each resident of the City of Cornelia; to provide a homestead exemption from City of Cornelia ad valorem taxes for city purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Cornelia who is 65 years of age or older.
Referred to Committee on State and Local Governmental Operations.
HB 762. By Representative Massey of the 86th: A bill to amend an Act re-creating and establishing a Board of Commissioners of Barrow County, so as to provide for redistricting.
Referred to Committee on State and Local Governmental Operations.
HB 768. By Representatives Sauder of the 29th, Wix of the 33rd, Parsons of the 40th and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff.
Referred to Committee on State and Local Governmental Operations.
HB 769. By Representatives Wiles of the 34th, Wix of the 33rd, Ehrhart of the 36th and others: A bill to amend an Act providing for the compensation of the judge of the Ju venile Court of Cobb County, so as to provide for a change in the compensa tion of the judges of the Juvenile Court of Cobb County.
Referred to Committee on State and Local Governmental Operations.
HB 771. By Representative Purcell of the 147th: A bill to create the Effingham Family Connection Commission.
Referred to Committee on State and Local Governmental Operations.

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643

HB 780. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act regulating public instruction for the County of Rich mond, so as to change the provisions for removing the superintendent of schools from office; to change the maximum term of the superintendent's con tract and to change the qualifications for such office.
Referred to Committee on State and Local Governmental Operations.

HB 781. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act regulating public instruction for the County of Rich mond, so as to change the provisions for filling vacancies on the board of edu cation of Richmond County and the manner of electing members of said board.
Referred to Committee on State and Local Governmental Operations.

HB 783. By Representative Smith of the 91st:
A bill to amend an Act which relates to the election of the chairman and mem bers of the Oconee County board of education, so as to provide for the compen sation of the Oconee County board of education.
Referred to Committee on State and Local Governmental Operations.

HB 789. By Representatives Cooper of the 31st, Ehrhart of the 36th, Franklin of the 39th and others:
A bill to amend an Act consolidating the offices of tax collector and tax re ceiver into the office of tax commissioner of Cobb County, so as to change the compensation of the chief clerk, executive secretary, and administrative specialist.
Referred to Committee on State and Local Governmental Operations.

HB 796. By Representatives Teper of the 61st, Maddox of the 72nd, Harrell of the 62nd and others:
A bill to amend an Act revising, superseding, and consolidating the laws relat ing to the governing authority of DeKalb County, so as to authorize the Board of Commissioners of DeKalb County to adopt an ordinance allowing the deduc tion from the county employees' salaries or wages amounts designated for charitable organizations or contributions or dues to entities providing services and benefits to employees.
Referred to Committee on State and Local Governmental Operations.

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Corrections, Correctional Institutions and Property has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 218. Do pass.

HB 128. Do pass by substitute.

Respectfully submitted,

Senator Johnson of the 2nd District, Chairman

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Mr. President:
The Committee on Defense, Science and Technology has had under consideration the following bill of the Senate and has instructed me to report the same back to the Sen ate with the following recommendation:
SB 230. Do pass by substitute.
Respectfully submitted, Senator Polak of the 42nd District, Chairman

Mr. President:

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

SB 222. Do pass as amended. SB 240. Do pass. SB 248. Do pass.

HB 241. Do pass. HB 474. Do pass. HB 524. Do pass.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 192. Do pass.

SB 200. Do pass by substitute.

Respectfully submitted,

Senator Madden of the 47th District, Chairman

Mr. President:

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

SR 116. Do pass as amended.

SR 46. Do pass as amended.

Respectfully submitted,

Senator Scott of the 36th District, Chairman

Mr. President:

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

SB 206. Do pass. HB 721. Do pass.

HB 726. Do pass. HB 630. Do pass.

Respectfully submitted,

Senator Thomas of the 10th District, Chairman

Mr. President:

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645

The Committee on Transportation 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:

SB 236. Do pass. SR 137. Do pass by substitute. SR 157. Do pass. SR 196. Do pass.

HR 82. Do pass by substitute. HR 208. Do pass. HR 214. Do pass.

Respectfully submitted,

Senator Streat of the 19th District, Chairman

The following bills and resolution were read the second time:

SB 65 SB 211

SB 164 SB 220

SB 165 SR 184

SB 175 HB 115

SB 195 HB 218

SB 196 HB 444

Senator Tanksley of the 32nd moved that Senator Thompson of the 33rd be excused. On the motion, the yeas were 42, nays 0; the motion prevailed, and Senator Thompson was excused.

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

Balfour Bowen Broun, 46th Brown, 26th Burton Butler Cable Cagle Cheeks Crotts Egan Gillis Gingrey Golden Guhl Harbison Hecht

Hill Hooks Huggins Jackson James Johnson,D Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer von Bremen Perdue Polak

Price,R Price,T Ragan Ray Roberts Scott Smith Starr Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,N Walker Williams

Those not answering were:

Blitch Brush

Dean Fort

Thompson (excused)

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Johnson of the 2nd introduced the chaplain of the day, Reverend Desmond Walker, pastor of Butler Presbyterian Church, Savannah, Georgia, who offered scripture reading and prayer.
Senator Dean of the 31st recognized the Leadership Class of Baldwin County.

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Senator Polak of the 42nd introduced Sergeant David Morgan Kessler, commended by SR 202, adopted previously. Senator Smith of the 25th introduced representatives of the Delta Kappa Gamma Soci ety International, Beta Chapter, commended by SR 199, adopted previously. Senator Smith of the 25th introduced the family of the late Thomas Henry Resseau, con doled by SR 209, adopted previously. Senator Hill of the 4th introduced Peace Officers of the Year, commended by SR 176, adopted previously. Senator Hill of the 4th expressed regrets at the passing of Kyle Wayne Dinkheller, con doled by SR 177, adopted previously. Senator Roberts of the 30th introduced Iris Elaine Deal, commended by SR 97, adopted previously.
Senator Price of the 56th introduced the doctor of the day, Dr. Burton McDaniel of Roswell, Georgia.
The following resolutions were read and adopted:
SR 225. By Senator Cheeks of the 23rd: A resolution commending Andy Baumgartner, 1999 Georgia Teacher of the Year.
SR 227. By Senator Bowen of the 13th: A resolution recognizing the Slosheye Trail Big Pig Jig as the state's Official Barbecue Cooking Contest.
SR 228. By Senators Bowen of the 13th, Burton of the 5th, Guhl of the 45th and others: A resolution expressing regret at the passing of Steven F. Schildecker.
SR 229. By Senators Gillis of the 20th, Madden of the 47th, Marable of the 52nd and others: A resolution commemorating the Keep Georgia Beautiful Program and its 55 local affiliates who serve 73 percent of the population of the State of Georgia.
SR 234. By Senator Ray of the 48th: A resolution recognizing and commending the South Forsyth County High School Cheerleaders.
SR 237. By Senator Johnson of the 1st: A resolution congratulating Ms. Deborah N. Hargroves.
Senator Ray of the 48th introduced the South Forsyth County High School Cheerleaders and their coach, commended by SR 234. Senator Cagle of the 49th moved that the following bill be withdrawn from the Senate Education Committee and committed to the Senate Special Judiciary Committee:
SB 36. By Senators Cagle of the 49th, Johnson of the 1st, Price of the 56th and others:

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647

A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, the "Quality Basic Education Act," so as to require local boards of education to adopt policies defining the adequate academic performance of students and to prohibit the promotion of students in violation of such policies; to require that students in the third grade achieve a satisfactory score on a reading test before promotion to the next grade level.
On the motion, Senator Cagle of the 49th called for the yeas and nays, The call was sustained and the vote was as follows:

Y Balfour N Blitch N Bowen N Broun, 46th
Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan N Fort N Gillis Y Gingrey N Golden Y Guhl

N Harbison N Hecht
Hill N Hooks N Huggins N Jackson N James N Johnson.D Y Johnson.E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak

Y Price,R Y Price.T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat Y Tanksley N Tate Y Thomas.D N Thomas,N EX Thompson N Walker Y Williams

On the motion, the yeas were 22, nays 31, and the motion to withdrawn and commit was lost.

The following local, uncontested bills of the Senate and House favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, March 3, 1999 TWENTY-NINTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the leg islation.)

SB 206

Guhl, 45th CITY OF CONYERS

A bill to create the Conyers Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Conyers, Georgia; to provide for creation and organization; to provide for the membership of the author ity and their terms of office and compensation.

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HB 726

Hill, 4th EFFINGHAM COUNTY
A bill to amend an Act entitled "An Act creating the State Court of Effingham County," so as to change the salaries of the judge and solicitorgeneral of said court.
PURSUANT TO ARTICLE VI, SECTION II, PARAGRAPH IV OF THE CONSTITUTION, THE FOLLOWING LOCAL BILL RELATING TO HOMESTEAD EXEMPTIONS REQUIRES A TWO-THIRDS ROLLCALL VOTE FOR PASSAGE:

HB 721

Huggins, 53rd CITY OF TRION

A bill to provide a $40,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the City of Trion Indepen dent School District for residents of that district who are 70 years of age or older and whose gross annual household income does not exceed $20,000.00.

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht
Hill Y Hooks Y Huggins
Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott
Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas ,N EX Thompson Y Walker Y Williams

On the passage of the local bills, the yeas were 50, nays 0. The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.
SENATE RULES CALENDAR Wednesday, March 3, 1999

WEDNESDAY, MARCH 3, 1999

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TWENTY-NINTH LEGISLATIVE DAY

SB 26

Child Custody-emotional, physical or psychological abuse evidence (Substitute)(Judy-5th)

SB 193

Coin Operated Amusement Machines-prohibit certain conduct by own ers (DS&T-42nd)

SB 102

Human Resources Department-conviction data on adults in foster homes (H&HS-43rd)

SB 181 Insurance-relating to licensing of agents (I&L-22nd)

SB 106

Local Governments-relating to multiyear lease, purchase contracts (B&FI-16th)

SB 143

Teachers Retirement-reimbursement to system for wrongfully paid ben efits (Ret-53rd)

SB 176

Civil, Criminal Cases-processing and filing information relating to (Substitute)(Judy-16th)

SR 150 Fred Lee Brady Bridge-designate (Trans-32nd)

SB 154

Motor Vehicle Accident Reports-law enforcement send original to De partment of Public Safety (Pub Saf-12th)

HB 295 Dentistry; amend provisions (Substitute)(H&HS-22nd) Childers-13th

SB 155

Department of Public Safety Badge-relating to purchase, sale (Pub Saf12th)

SB 98

Property Assessment-basis, justification for increase (Amendments)(F&PU-34th)

SB 120

Sentence for Crime Against Police, Firefighter, Emergency Medical Technician-no parole (Judy-20th) (ENGROSSED IN SENATE)

SB 72

Juvenile Courts-jurisdiction over certain boards of education proceed ings (Amendments)(Ed-4th)

SB 54

Hospital Acquisition, Disposition-provisions on required analyses and reports (Substitute)(H&HS-47th)

SB 197 Counties, Local Authorities-health employee benefits (I&L-4th)

SB 137 Child Custody Action-great grandparent may participate (Judy-47th)

SB 178

Telecommunications Companies-charges for services by third parties (F&PU-31st)

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:

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SB 26. By Senator Burton of the 5th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Geor gia Annotated, relating to general provisions concerning child custody proceed ings, so as to provide for consideration of evidence regarding emotional, physi cal, or psychological abuse; to provide that under certain circumstances the court shall be authorized to order that visitation take place only under supervision.
The Senate Judiciary Committee offered the following substitute to SB 26:
A BILL
To be entitled an Act to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning child custody proceedings, so as to provide for consideration of evidence regarding emotional, physical, or psycho logical abuse; to provide that if a final custody or visitation order has been executed by the court between the parties relative to the child, only evidence of abuse which has oc curred from and after the date of the final custody or visitation order shall be received and considered by the court; to provide that under certain circumstances the court shall be authorized to order that visitation take place only under supervision; to provide for modification of orders of supervised visitation under certain conditions; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning child custody proceedings, is amended by inserting in sub section (a) of Code Section 19-9-1, relating to the determination of child custody, a new paragraph between paragraphs (2) and (3) to be designated paragraph (2.1) to read as follows:
"(2.1) In any proceeding where the custody of a child or visitation by a parent is at issue and there is no finding of family violence, the court shall receive, if not previ ously received, and consider evidence of emotional, physical, or psychological abuse committed by one parent against the other parent, a member of the household, or the child; provided, however, that if a final custody or visitation order has been exe cuted by the court between the parties relative to the child, only evidence of abuse which has occurred from and after the date of the final custody or visitation order shall be received and considered by the court. Where the evidence establishes that there is probable cause for concern for the safety and well-being of the child, the court shall be authorized to order that visitation involving the perpetrator of such abuse take place only under supervised conditions. After entering any such order, the court, sua sponte, or upon a motion by the parent subject to the order, may re view such order of supervised visitation and, upon a showing by a preponderance of the evidence of parental rehabilitation and abatement of the conduct on which the order of supervised visitation was based, may modify such order and modify or elim inate the requirement for supervision as is in the best interest of the child."
SECTION 2.
Said article is further amended by inserting in subsection (a) of Code Section 19-9-3, re lating to discretion of court in custody disputes, a new paragraph between paragraphs (3) and (4) to be designated paragraph (3.1) to read as follows:

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"(3.1) In any proceeding where the custody of a child or visitation by a parent is at issue and there is no finding of family violence, the court shall receive, if not previ ously received, and consider evidence of emotional, physical, or psychological abuse committed by one parent against the other parent, a member of the household, or the child; provided, however, that if a final custody or visitation order has been exe cuted by the court between the parties relative to the child, only evidence of abuse which has occurred from and after the date of the final custody or visitation order shall be received and considered by the court. Where the evidence establishes that there is probable cause for concern for the safety and well-being of the child, the court shall be authorized to order that visitation involving the perpetrator of such abuse take place only under supervised conditions. After entering any such order, the court, sua sponte, or upon a motion by the parent subject to the order, may re view such order of supervised visitation and, upon a showing by a preponderance of the evidence of parental rehabilitation and abatement of the conduct on which the order of supervised visitation was based, may modify such order and modify or elim inate the requirement for supervision as is in the best interest of the child."

SECTION 3.

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

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

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Hecht
Y Hill Hooks
Y Huggins Jackson
Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y TiaalffCo Y Thomas,D
Thomas.N EX Thompson
Walker Y Williams

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

SB 193. By Senators Polak of the 42nd and Hecht of the 34th:

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A bill to amend Chapter 17 of Title 48 of the Official Code of Georgia Anno tated, relating to taxation of coin operated amusement machines, so as to pro vide for definitions; to prohibit specified conduct by owners and operators of amusement machines, owners or operators of businesses where amusement machines are available for commercial use and play by the public and their employees, agents, and representatives.

Senators Polak of the 42nd and Egan of the 40th offered the following amendment:
Amend SB 193 by striking lines 12 through 20 of page 2 and inserting in lieu thereof the following:
"(2) No business owner or business operator shall borrow".
By striking in their entirety lines 22 through 25 of page 2 and inserting in lieu thereof the following:
"machines money or other valuable considerations; and
(3) Except for reimbursement of customer refunds due to".
By striking in their entirety lines 3 through 10 of page 3 and inserting in lieu thereof the following:
"contest for such persons."
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler N Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

N Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas ,N EX Thompson
Walker N Williams

On the passage of the bill, the yeas were 49, nays 5. The bill, having received the requisite constitutional majority, was passed as amended.

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653

SB 102. By Senators Stokes of the 43rd, Jackson of the 50th and Butler of the 55th:

A bill to amend Chapter 2 of Title 49 of the Official Code of Georgia Anno tated, relating to the Department of Human Resources, so as to authorize the Department of Human Resources to receive conviction data concerning the adult persons residing in foster and adoptive homes in which it may place children who are in its custody; to provide for the privileged nature of such data and the use of such data.

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N EX Thompson
Walker Y Williams

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

SB 181. By Senators Walker of the 22nd, Madden of the 47th and Golden of the 8th:

A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Geor gia Annotated, relating to insurance agents, agencies, subagents, counselors, and adjusters, so as to change certain provisions relating to licensing of only individuals as agents; to change certain provisions relating to limited licenses.

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton

Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan

Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht

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Y Hill Y Hooks
Huggins Y Jackson Y James Y Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee

Y Madden Y Marable N Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith

Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N EX Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 106. By Senators Land of the 16th and Harbison of the 15th:

A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties and municipal cor porations, so as to change certain provisions relating to multiyear lease, purchase, or lease purchase contracts; to provide an effective date.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N EX Thompson
Walker Y Williams

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

SB 143. By Senators Huggins of the 53rd, Burton of the 5th, Streat of the 19th and others:

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655

A bill to amend Code Section 47-3-127 of the Official Code of Georgia Anno tated, relating to the effect of the restoration to service on retirement al lowances under the Teachers Retirement System of Georgia, so as to provide for the reimbursement to the retirement system of benefits wrongfully paid.
The following Fiscal Note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400
February 8, 1999
The Honorable Waymond Hugging, Chairman Senate Retirement Committee Legislative Office Building, Suite 313-B Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification Senate Bill 143 (LC 21 5279)
Dear Chairman Huggins:
This bill would amend provisions relating to the effect of the restoration to service under the Teachers Retirement System of Georgia. This bill would require employers who hire a beneficiary after the last day of the calendar month of the effective date of the benefi ciary's retirement to notify the board of trustees of the Teachers Retirement System. The employer would be required to provide the beneficiary's name, salary, number of hours, occupation, and any other requested information. The bill would also require the employer to reimburse the Teachers Retirement System for any benefits wrongfully paid to the beneficiary. Under current provisions, the employer is only required to reimburse the Teacher's Retirement System if they fail to notify the board of trustees.
This is to certify that this retirement bill is a nonfiscal bill as defined in the Public Re tirement Systems Standards Law.

Sincerely, /s/ Claude L. Vickers
State Auditor

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean

Y Egan Fort
Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James

Y Johnson,D Johnson,E
Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R

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Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith

Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate

Y Thomas.D Y Thomas.N EX Thompson Y Walker Y Williams

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

SB 176. By Senators Land of the 16th, Meyer von Bremen of the 12th and Hecht of the 34th:
A bill to amend Titles 9 and 15 of the Official Code of Georgia Annotated, re lating respectively to civil practice and the courts, so as to provide for a sys tem of gathering, processing, transmission, compilation, and analysis of infor mation relating to civil and criminal cases; to provide for the design, completion, and filing of case filings and dispositions information forms; to provide for assistance of the clerk of the court for unrepresented parties.
The Senate Judiciary Committee offered the following substitute to SB 176:
A BILL
To be entitled an Act to amend Titles 9 and 15 of the Official Code of Georgia Anno tated, relating respectively to civil practice and the courts, so as to provide for a system of gathering, processing, entry, transmission, compilation, and analysis of information relating to civil and criminal cases; to provide for the design, completion, and filing of case filings and dispositions information forms; to provide for assistance of the clerk of the court for unrepresented parties; to change a provision relating to when a judgment becomes effective; to provide for related authority and duties of clerks of the superior courts and state courts, the Administrative Office of the Courts, the Georgia Courts Automation Commission, the Prosecuting Attorneys' Council of the State of Georgia, and the Georgia Superior Court Clerks' Cooperative Authority; to provide for sale of data and release of data; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking in its entirety Code Section 9-11-3, relating to commencement of actions, and inserting in its place the following:
"9-11-3.
(a) A civil action is commenced by filing a complaint with the court.
(b) At the time of filing the complaint for a civil action filed in superior court or state court, the attorney representing the plaintiff shall complete and file with the clerk of the court the appropriate case filing information form. The form shall provide the content and be in the format and media required in accordance with paragraph (4) of Code Section 15-5-24. If the plaintiff is not represented by an attorney, the clerk of the court shall assist the plaintiff to complete and file the appropriate case filing information form."

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657

SECTION 2.
Said title is further amended by striking in its entirety Code Section 9-11-58, relating to entry of judgment, and inserting in its place the following:
"9-11-58.
(a) Signing. Except when otherwise specifically provided by statute, all judgments shall be signed by the judge and filed with the clerk.
(b) When judgment entered. The filing with the clerk of a judgment, signed by the judge, constitutes the entry of the judgment, and, unless the court otherwise directs, no judgment shall be filed with the clerk or effective for any purpose until the entry of the same the completion and filing of a disposition information form with the clerk of the court, as provided in Lias subsection. The disposition information form shall be in the format and media and with the content required by paragraph (4) of Code Section 15-5-24. If the prevailing party is not represented by an attorney, the clerk of the court shall assist the party to complete and file the appropriate disposition informa tion form. The entry of the judgment shall not be delayed for the taxing of costs."
SECTION 3.
Title 15 of the Official Code of Georgia Annotated, relating to the courts, is amended by striking in its entirety Code Section 15-5-24, relating to the duties of the Administrative Office of the Courts, and inserting in lieu thereof the following:
"15-5-24.
Under the supervision and direction of the Judicial Council, the Administrative Office of the Courts shall perform the following duties:
(1) Consult with and assist judges, administrators, clerks of court, and other officers and employees of the court pertaining to matters relating to court administration and provide such services as are requested;
(2) Examine the administrative and business methods and systems employed in the offices related to and serving the courts and make recommendations for necessary improvement;
(3) Compile statistical and financial data and other information on the judicial work of the courts and on the work of other offices related to and serving the courts, which data and information shall be provided by the courts;
(4) Determine the form and content of information to be filed with the clerk of the court at the commencement and disposition of civil actions and for criminal indict ments, accusations, and dispositions. The format and media of the information shall facilitate electronic transmission and shall be determined by agreement of the Coun cil of Superior Court Clerks, the Georgia Courts Automation Commission, the Prose cuting Attorneys' Council of the State of Georgia, and the Administrative Office of the Courts;
(5) Cooperate with the district attorneys, the solicitors-general, and with the district administrative assistants with regard to the collection and verification of informa tion relating to civil case commencement and disposition and to criminal indict ments, accusations, and dispositions;
(6) Provide information relating to civil and criminal cases and analysis of such data to the courts and agencies of the judicial branch, agencies of the executive branch, and members of the General Assembly;

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(7) Participate in agreements, contracts, and networks necessary or convenient for the performance of the duties specified in this paragraph and paragraphs (4), (5), and (6) of this Code section and for the release of the information from case filing and disposition information forms; provided, however, that an agreement among the agencies listed in paragraph (4) of this Code section shall be required for the release or sale of any such data to any person or organization that is not an official, agency, authority, employee, or instrumentality of the state, the judicial branch of the state, or any political subdivision of the state;
f4K8) Examine the state of the dockets and practices and procedures of the courts and make recommendations for the expedition of litigation;
f5X9) Act as fiscal officer and prepare and submit budget estimates of state appro priations necessary for the maintenance and operation of the judicial system;
(6X10) Formulate and submit recommendations for the improvement of the judicial system;
frXll) Perform such additional duties as may be assigned by the Judicial Council; and
(8^(12) Prepare and publish an annual report on the work of the courts and on the activities of the Administrative Office of the Courts."
SECTION 4.
Said title is further amended by striking in its entirety Code Section 15-5-82, relating to the duties of the Georgia Courts Automation Commission, and inserting in lieu thereof the following:
"15-5-82.
(a) The commission shall be authorized to:
(1) Define, implement, and administer a state-wide courts automation system based uu bul iiul limited lu Hie eniatiug Gnuigia Online (GO) Nelwuik adniiiilbUmiJ by Hie uummisskmer of aJimmhUalive hei vices, including data collection and entry into the system, networking, data storage and processing, and information retrieval and distribution;
(2) Receive electronic data transmitted from clerks of courts relating to filings and dispositions in civil cases and criminal indictments, accusations, and dispositions in a format and media consistent with efficiency in electronic transmission, as deter mined in accordance with paragraph (4) of Code Section 15-5-24;
(3) Compile the electronic civil and criminal filings and dispositions data, and pro vide such data in an electronic data base form to the Administrative Office of the Courts;
(4) Enter into agreements, contracts, or networks with the Georgia Superior Court Clerks' Cooperative Authority, the Administrative Office of the Courts, the Prosecut ing Attorneys' Council of the State of Georgia, and other officials, agencies, authori ties, or instrumentalities of the state, the judicial branch of the state, or any political subdivision of the state necessary or convenient to implement the authority set out in this Code section;
(2)(5) Administer federal, state, local, and other public or private funds made avail able to it for implementation of the courts automation system;

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659

f8X6) Coordinate state-wide strategies and plans for incorporating county and local governments into the courts automation system, including review of requirements of the several state agencies for documents, reports, and forms and the consolidation, elimination, or conversion of such documents, reports, and forms to formats compati ble with electronic transmittal media;
(4X7) Establish policies and procedures, rules and regulations, and technical and performance standards for county and local government access to the courts automa tion system network; and
(5X8) Offer advisory services to county and local governments to assist in guiding their efforts tuwaids toward automating their court procedures and operations.
(b) The diau'uiau chairperson of the commission may designate and appoint commit tees to perform such functions as he or she may determine to be necessary. The com mission may, either by itself or through such committees, hold hearings, conduct in vestigations, and take any other action necessary or desirable to implement the courts automation system in a deliberate, effective, and timely manner. The commission shall make an annual report of its progress to the Chief Justice, the Governor, the Presi dent of the Senate, and the Speaker of the House of Representatives.
(c) The commission may use the funds available to it for providing to the uuui Is judi cial branch, officials, authorities, agencies, or instrumentalities of this state or a politi cal subdivision of this state access to data bases which are:
(1) Deuufiuial beneficial to the operation of the courts;-or
(2) Aiitcooiulc tluuugli tlic CJevxjjia Online (CjrO) rNetwuiK,
provided that access to any such data base shall be conditioned upon the consent of the department, agency, or other entity having the right to grant such access. The commission may also expend funds to upgiade cuiupuiieuls uf UIB Georgia Ouliiiti (QO) Network establish and maintain a network as necessary for appropriate access thereto by the courts.
(d) Nothing in this article shall be so construed as to require any office of a court to accept additional workload generated by establishment of an electronic transfer of in formation capability from any other office of the county or local government, including cuuil uffiteb. Each such office shall continue to have sole responsibility for transmit ting information required of U, eilhei manually ui elecUuuically."
SECTION 5.
Said title is further amended in Code Section 15-6-61, relating to duties of clerks of the superior courts, by striking the word "and" at the end of paragraph (15) of subsection (a), designating paragraph (16) as paragraph (17) and inserting a new paragraph to be designated paragraph (16), so that paragraphs (15), (16), and (17) read as follows:
"(15) To participate in the state-wide uniform automated information system for real and personal property records, as provided for by Code Sections 15-6-97 and 156-98, and any network established by the Georgia Superior Court Clerks' Coopera tive Authority relating to the transmission and retrieval of electronic information concerning real estate data for any such information systems established by such authority so as to provide for public access to real estate information. Each clerk of the superior court shall provide to the authority or its designated agent in accor dance with the rules and regulations of the authority such real estate information concerning or evidencing title to real property or access to such information which is of record in the office of clerk of the superior court and which is necessary to estab-

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lish and maintain the information system. Each clerk of the superior court shall provide and transmit real estate information to the authority for testing and opera tion of the information system at such times and in such form as prescribed by the authority; ami
(16) To file, enter, and transmit electronically within 30 days all civil and criminal filings and dispositions information from the previous month as prescribed by the Administrative Office of the Courts by the media and in the format determined in accordance with paragraph (4) of Code Section 15-5-24;
(17) To transmit the civil and criminal filing and disposition information prescribed by the Administrative Office of the Courts to the Georgia Courts Automation Com mission, the Prosecuting Attorneys' Council of the State of Georgia, and the Supe rior Court Clerks' Cooperative Authority;
(18) To participate in agreements, contracts, and networks necessary or convenient for the performance of the duties provided in paragraphs (16) and (17) of this sub section and for the release or sale of the information; and
(16X19) To perform such other duties as are or may be required by law or as neces sarily appertain to the office of clerk of the superior court."
SECTION 6.
Said title is further amended in Code Section 15-6-94, relating to the Georgia Superior Court Clerks' Cooperative Authority, by striking in its entirety subsection (3) and in serting in lieu thereof the following:
"(3) The purpose of the authority shall be to provide a cooperative for the develop ment, acquisition, and distribution of record management systems, information, ser vices, supplies, and materials for superior court clerks of the state, on such terms and conditions as may be determined to be in the best interest of the operation of the office of the clerk of superior court, local government, and the state, in light of the following factors:
(A) The public interest in providing cost-efficient access to record management systems, information, services, supplies, and materials, and a pool which will pro vide related resources and uniformity;
(B) Cost savings to local government and the state, through efficiency in the pro vision of record management systems, information, services, supplies, and materials;
(C) Fair and adequate compensation to local governments for costs incurred in the operation of the offices of clerks of superior court; and
(D) Such other factors as are in the public interest and welfare.
The Except as otherwise provided in paragraph (7) of Code Section 15-5-24, the au thority shall be the sole owner of information compiled or developed through any function performed or any program or system administered by, or on behalf of, the authority. Nothing contained in this Code section shall restrict the release of a copy of a record of the court by any clerk in accordance with Code Section 15-6-61 or other provisions of law."
SECTION 7.
Said title is further amended in Chapter 6, relating to superior courts, by adding a new Code section to be designated Code Section 15-6-97.1 to read as follows:
"15-6-97.1.

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(a) The Georgia Superior Court Clerks' Cooperative Authority, in agreement with the Georgia Courts Automation Commission, the Prosecuting Attorneys' Council of the State of Georgia, and the Administrative Office of the Courts, shall participate in the development and operation of the court filings and dispositions information system de scribed in paragraphs (4), (5), (6), and (7) of Code Section 15-5-24 and paragraphs (2), (3), and (4) of subsection (a) of Code Section 15-5-82. The authority shall provide such data in electronic format to the Georgia Courts Automation Commission, the Prosecut ing Attorneys' Council of the State of Georgia, and the Administrative Office of the Courts in accordance with Code Section 15-6-61, and as prescribed by law.
(b) The authority shall have the power to use funds available and enter into any con tracts or agreements in furtherance of the duties described in subsection (a) of this Code section."
SECTION 8.
Said title is further amended in Article 3 of Chapter 7, relating to practice and proce dure in state courts of counties, by inserting a new Code section to be designated Code Section 15-7-50 to read as follows:
"15-7-50.
Clerks of state courts are authorized and directed to:
(1) Require the attorney filing a civil action in the court to complete the appropriate case filing information form with the content, format, and media determined in ac cordance with Code Section 15-5-24 and file it with the clerk;
(2) Assist a plaintiff in a civil action who is unrepresented by an attorney to com plete the appropriate case filing information form and file it with the clerk;
(3) Require the prosecutor to complete and file with the clerk the appropriate case filing information form for each criminal accusation or traffic citation;
(4) Require the attorney in a civil action or prosecutor in a criminal action to com plete and file with the clerk the appropriate case disposition information form at the disposition of each civil action and criminal accusation or indictment;
(5) File and transmit electronically all civil and criminal filings and dispositions in formation with the content, by the media, and in the format determined in accor dance with paragraph (4) of Code Section 15-5-24;
(6) Transmit the information described in paragraph (5) of this Code section to the Georgia Courts Automation Commission, the Prosecuting Attorneys' Council of the State of Georgia, and the Superior Court Clerks' Cooperative Authority; and
(7) Participate in agreements, contracts, and networks necessary or convenient for the performance of this duty and for the release or sale of the information from case filing and disposition information forms."
SECTION 9.
Code Section 15-18-40, relating to the establishment, purpose, and function of the Prose cuting Attorneys' Council of the State of Georgia, is amended by striking paragraphs (6) and (7) of subsection (b) and inserting in lieu thereof the following:
"(6) The provision of such assistance to law enforcement agencies as may be lawful;
mid
(7) The provision of such other assistance to prosecuting attorneys as may be au thorized by lawr; and

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(8) Cooperation with the Administrative Office of the Courts, the Georgia Courts Automation Commission, and the Georgia Superior Court Clerks' Cooperative Au thority in the development and operation of the court filings and dispositions infor mation system, including without being limited to cooperation in determining the format and media of the information, receipt of the information, verification of the information, and participation in agreements, contracts, and networks necessary or convenient for the performance of such duties and for the release or sale of informa tion from case filing and disposition information forms."

SECTION 10.

This Act shall become effective on January 1, 2000.

SECTION 11.

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

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Price,R Price.T Ragan Ray Roberts Scott Smith Starr Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,N EX Thompson Y Walker Y Williams

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

SR 150. By Senator Thompson of the 33rd:

A resolution designating the Fred Lee Brady Bridge.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Y Balfour

Y Blitch

Y Bowen

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663

Y Broun, 46th Y Brown, 26th
Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl Y Harbison Y Hecht

Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R

Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N EX Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SB 154. By Senators Meyer von Bremen of the 12th, Bowen of the 13th and Lee of the 29th:

A bill to amend Article 2 of Chapter 9 of Title 40 of the Official Code of Geor gia Annotated, relating to the reporting of accidents and giving security for damages, so as to require local law enforcement agencies to send the original document of any accident report to the Department of Public Safety; to au thorize local law enforcement agencies to transmit information on accident re ports to the Department of Public Safety.

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis

Y Gingrey Y Golden
Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land

Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr
Stephens Y Stokes

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Y Streat Y Tanksley Y Tate

Y Thomas.D Y Thomas.N EX Thompson

Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. At 11:50 a.m., the President announced that the Senate would stand in recess until 1:30 p.m. The President called the Senate to order at 1:30 p.m.
The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 432. By Representatives Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Connell of the 115th, Stanley-Turner of the 50th and others: A resolution relative to adjournment.
Senator Polak of the 42nd moved that Senator Guhl of the 45th be excused. On the mo tion, the yeas were 29, nays 0; the motion prevailed, and Senator Guhl was excused.
The Calendar was resumed.

HB 295. By Representatives Childers of the 13th, Williams of the 114th, Jones of the 71st and others:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of the practice of dentistry, so as to change the provisions relating to definitions; to change the eligibility requirements for members of the Georgia Board of Dentistry.
Senate Sponsor: Senator Walker of the 22nd.
The Senate Health and Human Services Committee offered the following substitute to HB 295:
A BILL
To be entitled an Act to amend Chapter 11 of Title 43 of the Official Code of Georgia An notated, relating to the regulation of the practice of dentistry, so as to change the provi sions relating to definitions; to change the eligibility requirements for members of the Georgia Board of Dentistry; to add the feminine pronoun in certain provisions which presently include only the masculine pronoun; to change the powers of said board; to change the provisions relating to a census by the board and posting of certain names; to change the provisions relating to service of decisions, orders, or subpoenas; to change the provisions relating to punishment for contempt; to provide for training clinics and affili ated sites, for activities of certain students, and for charges for student services; to pro vide for clinical licensure examinations and the conduct and eligibility therefor; to change the provisions relating to certain exceptions to applicability; to change the provi sions regarding the licensing of certain persons licensed in other states and costs of and

WEDNESDAY, MARCH 3, 1999

665

qualifications for teachers' and instructors' licenses; to provide for powers, responsibili ties, and requirements of dentists regarding dental treatment, dental practice, and other matters relating thereto; to provide for rules and regulations; to change the provisions regarding sanctions and disciplinary actions by said board; to provide for investigations and the examination of physical premises of dental practices; to change the provisions relating to penalties and continuing education; to change the provisions relating to ap plicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the regula tion of the practice of dentistry, is amended by striking in its entirety Code Section 4311-1, relating to definitions, and inserting in lieu thereof a new Code Section 43-11-1 to read as follows:
"43-11-1.
As used in this chapter, the term:
(1) 'Accredited dental college' and 'accredited dental school,' or 'accredited school of dentistry" mean a dental school, college, or university accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency.
(2) 'Accredited dental hygiene school' means a dental hygiene school or college ac credited by the Commission on Dental Accreditation of the American Dental Associ ation or its successor agency.
ffl(3) 'Board' means the Georgia Board of Dentistry.
f2}(4) 'Conscious sedation' means a depressed level of consciousness, produced by a pharmacologic agent, which retains the patient's ability to maintain independently and continuously an airway and appropriately respond to physical stimulation and verbal command. The use of nitrous oxide as the only systemic sedative is not con sidered conscious sedation for purposes of this chapter.
(5) 'Dentistry* means the evaluation, diagnosis, prevention, or treatment, or any combination thereof, whether using surgical or nonsurgical procedures, of diseases, disorders, or conditions, or any combination thereof, of the oral cavity, maxillofacial area, or the adjacent and associated structures, or any combination thereof, and their impact on the human body provided by a dentist, within the scope of his or her education, training, and experience, in accordance with the ethics of the profession and applicable law, including, but not limited to, the acts specified in Code Section 43-11-17.
(9X6) 'General anesthesia' means a controlled state of depressed consciousness, pro duced by a pharmacologic agent, which is accompanied by partial or complete loss of protective reflexes, including the inability to maintain independently an airway or respond purposefully to physical stimulation or verbal command. For purposes of this chapter, 'general anesthesia' includes deep sedation.
(7) 'Instructor' means either a dentist holding a dental license from another state or a dental hygienist holding a dental hygienist license from another state who has graduated from a school or college accredited by the Commission on Dental Accredi tation of the American Dental Association or its successor agency and whom the state board has granted instructor status for the sole purpose of teaching or in-

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structing in a training clinic or an accredited dental college or accredited dental hy giene school in this state those procedures and services recognized in this state to be within the scope of practice of such person's license.
(8) 'Licensed dental hygienist' means a dental hygienist licensed and in good stand ing in this state pursuant to this chapter.
(9) 'Licensed dentist' means a dentist licensed and in good standing in this state pursuant to this chapter.
(10) 'Training clinic' means a clinic operated as a nonprofit facility by an accredited dental college or accredited dental hygiene school primarily to train students of such college or school."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 43-11-2, relat ing to the creation and composition of the board, qualifications and voting rights of members, terms of office, vacancies, and enjoining violations, and inserting in lieu thereof a new Code Section 43-11-2 to read as follows:
"43-11-2.
(a) A board to be known as the Georgia Board of Dentistry is created. The board shall consist of 11 members to be appointed and commissioned by the Governor as provided in subsection (b) of this Code section.
(b)(l) Nine members of the board shall be dentists and shall be appointed as fol lows: The members of the board who are dentists serving on July 1, 1981, shall con tinue to serve out their respective terms of office. As each such member's term of office subsequently expires, the Governor shall appoint a new member who shall be a practicing dentist licensed by this state. The Georgia Dental Association may, at each annual meeting, nominate four reputable practicing dentists for each expired or next expiring board member's term; and, from each group of four dentists so nom inated, the Governor may appoint one as the new member of said board.
(2) One member of the board shall be a dental hygienist who is not a dentist, who is a resident of this state, and who is a practicing dental hygienist in this state and shall be appointed by the Governor. No one shall be eligible as a dental hygienist member of the board unless he or she is a citizen of this state and has lawfully practiced as a dental hygienist for five or more years at the time of his or her ap pointment and is not financially interested in, nor connected with, any dental col lege or dental hygiene school. If such a member ceases to be a resident of this state or ceases practicing in this state, that position on the board shall be deemed va cated. The Georgia Dental Hygienists Association may nominate four reputable den tal hygienists who are not dentists for each expired or expiring term; and, from each group of four dental hygienists so nominated, the Governor may appoint one as the new member of the board.
(3) One member of the board shall be a citizen of this state who is not a dentist or a dental hygienist and shall be appointed by the Governor.
(4) Except as otherwise provided in paragraphs (6) and (7) of this subsection, the term of office of each member of the board shall be for five years and until the ap pointment and qualification of a successor.
(5) Each vacancy on the board shall be filled by the Governor for the unexpired term in the same manner as the original appointment.

WEDNESDAY, MARCH 3, 1999

667

(6) The term of the initial member appointed pursuant to paragraph (2) of this sub section shall be for a term of two years beginning July 1, 1978, and ending June 30, 1980.
(7) The term of the initial member appointed pursuant to paragraph (3) of this sub section shall be for a term of four years beginning July 1, 1978, and ending June 30, 1982.
(c) No one shall be eligible as a dentist member of the board unless he or she is a citi zen of this state and has lawfully engaged in the practice of dentistry for five or more years at the time of his or her appointment and is not financially interested in, nor connected with, any dental college.
(d)(l) The dental hygienist member of the board may vote only on matters relating to dental hygiene, administration, and policy which do not directly relate to practi cal or scientific examination of dentists for licensing in this state.
(2) The citizen member of the board who is not a dentist or dental hygienist may vote only on matters relating to administration and policy which do not directly re late to practical and scientific examination of dentists and dental hygienists for li censing in this state.
(e) The board may bring an action to enjoin any person, firm, or partnership, corpora tion, or other entity who without being licensed or registered to do so by the board en gages in or practices the profession of dentistry. The proceeding shall be filed in the county in which such person resides or, in the case of a firm, partnership, or corpora tion, or other entity where the firm, partnership, or corporation, or other entity main tains its principal office. Unless it shall be made to appear that such person, firm, or partnership, corporation, or other entity so engaging in or practicing dentistry is li censed or registered, the injunction shall be issued, and such person, firm, or partner ship, corporation, or other entity shall be perpetually enjoined from such activities throughout the state. It shall not be necessary in order to obtain the equitable relief provided in this subsection that the board allege and prove that there is no adequate remedy at law. It is declared that such unlicensed activities as are mentioned in this Cude section chapter are a menace and a nuisance dangerous to the public health, safety, and welfare."
SECTION 3.
Said chapter is further amended by striking in its entirety Code Section 43-11-5, relat ing to the duty of members to notify joint-secretary of address, and inserting in lieu thereof a new Code Section 43-11-5 to read as follows:
"43-11-5.
Each member of the board, upon the receipt of his or her commission, shall file with the joint-secretary his or her post office address and thereafter a notice of any change therein. Any notice mailed to such address by the joint-secretary shall be deemed to comply with the requirements of this chapter as notice to him or her."
SECTION 4.
Said chapter is further amended by striking in its entirety Code Section 43-11-7, relat ing to the powers and duties of board, and inserting in lieu thereof a new Code Section 43-11-7 to read as follows:
"43-11-7.

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The board shall perform such duties and possess and exercise such powers, relative to the protection of the public health and the control and regulation of the practice of dentistry as this chapter prescribes and confers upon it. The board shall have the power and authority to promulgate rules and regulations to carry out the performance of its duties as set forth in this chapter."
SECTION 5.
Said chapter is further amended by striking in its entirety Code Section 43-11-11, relat ing to the census of practicing dentists and publication of names, and inserting in lieu thereof a new Code Section 43-11-11 to read as follows:
"43-11-11.
The board may, from time to time, through its members or other suitable persons, take a census of all practicing dentists and dental hygienists of any locality, city, or county in the state when it may consider it necessary for the purpose of carrying out this chapter; the board may at any time cause the names of all legulculy licensed den tists and dental hygienists in any locality, city, or county to be posted or published; and the board is authorized to pay for taking such census and posting or publishing such names."
SECTION 6.
Said chapter is further amended by striking in its entirety Code Section 43-11-12, relat ing to public inspection of board records, copies of records as evidence, and certification of copies, and inserting in lieu thereof a new Code Section 43-11-12 to read as follows:
"43-11-12.
It shall be the duty of the joint-secretary to keep at his or her office the minutes of the board, together with all the books and records of the board, which books and records shall, except as provided in subsection (k) of Code Section 43-1-2, be public records open to inspection by the public except on Sundays and legal holidays. A copy of all or any part of any record or book certified by the joint-secretary, with the seal of the board attached, shall be primary evidence in any court; and it shall be the duty of the joint-secretary to furnish to any person making application therefor a copy of any part or all of any record or book of the board upon the applicant's paying a fee prescribed by the joint-secretary. All of such copies shall be certified by the joint-secretary and be under the seal of the board."
SECTION 7.
Said chapter is further amended by striking subsection (a) of Code Section 43-11-13, re lating to service of orders and subpoenas of the board, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) It shall be the duty of the several sheriffs, their deputies, and the constables to serve any and all lawful orders and subpoenas of the board. The board may also ap point any other person to serve any decision, order, and: or subpoena of the board, which person's duty it shall be to execute the same."
SECTION 8.
Said chapter is further amended by striking in its entirety Code Section 43-11-14, relat ing to enforcement of orders and subpoenas of the board and contempt, and inserting in lieu thereof a new Code Section 43-11-14 to read as follows:
"43-11-14.

WEDNESDAY, MARCH 3, 1999

669

The board shall have the power to enforce any and all of its lawful orders or subpoe nas; to punish as for a contempt anyone obstructing or violating the same and shall also have the power to conduct any and all hearings before it in an orderly and legal manner; to punish anyone as for a contempt who may attempt to or who shall inter fere with or in any manner obstruct such hearing; and may also punish as for a con tempt any act of indecorum or discourtesy committed in the presence of the board when in session. The board may fine anyone an amount not exceeding $100.00 for a contempt and in default of the payment thereof may commit Lire uflerider Lu any cumrnun jail fur nut more than ten days make application to any superior court having ju risdiction to confine the offender to jail for not more than ten days."
SECTION 9.
Said chapter is further amended by striking paragraph (7) of subsection (a) of Code Sec tion 43-11-17, relating to acts which constitute the practice of dentistry, and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) Undertakes to do or perform any physical evaluation of a patient in his or her office or in a hospital, clinic, or other medical or dental facility prior to, incident to, and appropriate to the performance of any dental services or oral or maxillofacial surgery;".
SECTION 10.
Said chapter is further amended by striking in its entirety Code Section 43-11-19, relat ing to compliance with chapter as prerequisite to collection of fees for services, and in serting in lieu thereof a new Code Section 43-11-19 to read as follows:
"43-11-19.
No person who practices dentistry in this state shall be entitled to collect any fee or reward for his or her services without first complying with this chapter."
SECTION 11.
Said chapter is further amended by striking in its entirety Code Section 43-11-20, relat ing to college clinics, and inserting in lieu thereof a new Code Section 43-11-20 to read as follows:
"43-11-20.
(a) Nothing in this chapter shall prohibit regularly chartered accredited dental col leges or denial departments uf reputable colleges and universities from maintaining college on-campus training clinics and affiliated sites for the purpose of educational training of dental students approved by the board under the supervision of registered demonstrators licensed dentists or instructors; nor shall this chapter prevent regularly licensed dental practitioners of other states and countries from giving clinics before any dental society or association of this state whose objects are the advancement and improvement of dentistry as a science.
(b) Nothing in this chapter shall prevent students of accredited dental colleges in this state from engaging in activities otherwise defined as the practice of dentistry, pro vided that said students work under the direct supervision and responsibility of a li censed dentist or instructor as a part of a training clinic; nor shall this chapter prevent students of accredited dental hygiene schools in this state from engaging in activities otherwise defined as the practice of dental hygiene, provided that said stu dents work under the direct supervision and responsibility of a licensed dentist or den tal hygienist as a part of an on-campus training clinic or at affiliated sites approved by said schools or colleges and the board for the purpose of educational training.

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Nothing in this chapter shall prevent legulaily chaiiered and auciedited denial said schools or colleges in this slain of dentistry or dental hygiene from establishing and collecting charges for services rendered by training students under the supervision of a licensed demuiislialui dentist, licensed dental hygienist, or instructor. These charges shall not exceed charges made by similar dental schools and colleges located within the United States.
(c) Nothing in this chapter shall be construed to prohibit the administration of a board approved clinical licensure examination as a prerequisite for licensure as a den tist or dental hygienist in this state. Nothing in this chapter shall prevent the con ducting of a Georgia clinical licensure examination by a board approved examiner who is licensed as a dentist or dental hygienist in another jurisdiction. Nothing in this chapter shall prevent the taking of a Georgia clinical licensure examination by an in dividual who is eligible to apply for licensure as a dentist or dental hygienist in this state."
SECTION 12.
Said chapter is further amended by striking subsection (a) of Code Section 43-11-21.1, relating to general anesthesia, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No dentist shall administer general anesthesia on an outpatient basis unless such dentist has been issued a permit by the board under the conditions specified in this Code section. Such permit shall be subject to biennial renewal at the time the dentist is required to renew his or her license to practice dentistry. It shall be the responsibil ity of the dentist to provide such information as the board may require and to pay the separate initial issuance and renewal fees for the permit as may be established by the board."
SECTION 13.
Said chapter is further amended by striking in its entirety Code Section 43-11-22, relat ing to exceptions to application of chapter, and inserting in lieu thereof a new Code Sec tion 43-11-22 to read as follows:
"43-11-22.
This chapter shall not apply to legulaily liieiibed physicians licensed in this state in extracting teeth or performing surgical operations. This chapter also shall not apply to any person who extracts any exfoliating deciduous teeth."
SECTION 14.
Said chapter is further amended by striking in its entirety Code Section 43-11-42, relat ing to reciprocity, and inserting in lieu thereof a new Code Section 43-11-42 to read as follows:
"43-11-42.
(a) The board may issue, in its discretion, without examination, teachers' or instruc tors' licenses to dentists holding a dental license from another state and to dental hygienists holding a dental hygienist license from another state. A teacher's or instruc tor's license shall only be issued to a dentist or dental hygienist who has graduated from a school or college accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency, if any, for the sole purpose of teaching or dumuiiulialiiig instructing, Lu a legulaily licensed in an accredited dental

WEDNESDAY, MARCH 3, 1999

671

college or training clinic or accredited dental hygiene school in this state, those proce dures and services recognized in this state to be within the scope of practice of such person's professional license.
(b) The board may issue, in its discretion, without examination, a license to dentists for the sole purpose of practicing public health dentistry in an official state or a local health department or to render dental services to patients in state operated eleemosy nary or correctional institutions, provided that these dentists possess a license in an other state, are in good standing in said state, and have graduated from an accredited suhuul uf dmitistiy dental college. Such license shall be considered to be a temporary license which shall be valid for a period to be established by board rule.
(c) The cost of such teacher's, instructor's, or public health temporary license shall be established by the board.
(d) The board may also, in its discretion, enter into an agreement with any similar board of any other state to the effect that each party to such agreement, under the conditions therein stipulated, will grant licenses to practicing dentists on the basis of a license having been granted by the other party to the agreement.
(e) Any license issued under this Code section shall be subject to the disciplinary stan dards and procedures set forth in Code Section 43-11-47."
SECTION 15.
Said chapter is further amended by striking in its entirety Code Section 43-11-43, relat ing to fees, and inserting in lieu thereof a new Code Section 43-11-43 to read as follows:
"43-11-43.
Each person applying for examination for a license to practice dentistry shall, at the time of making his or her application, pay to the joint-secretary a fee to be set by the board. Each person applying for the renewal of a license or authority to practice den tistry or for the establishment of a license or authority that has been lost shall, at the time of making his or her application, pay to the joint-secretary a fee to be set by the board. Such fee shall cover the entire service for granting or issuing licenses to prac tice dentistry."
SECTION 16.
Said chapter is further amended by inserting after Code Section 43-11-43 a new Code Section 43-11-44 to read as follows:
"43-11-44.
It is a matter of public interest that all decisions involving or affecting the clinical dental treatment of a patient shall be left to the sole discretion of the licensed dentist providing treatment to the patient. The board shall be authorized to promulgate rules and regulations to supplement and ensure compliance with the requirements of this Code section."
SECTION 17.
Said chapter is further amended by striking in its entirety Code Section 43-11-47, relat ing to refusal to grant, or revocation of, licenses and disciplining licensees, and inserting in lieu thereof a new Code Section 43-11-47 to read as follows:
"43-11-47.

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(a) The board shall have the authority to refuse to grant a license to an applicant or to revoke the license of a dentist licensed by the board or to discipline a dentist li censed under this chapter or any antecedent law upon a finding by a majority of the entire board that the licensee or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license contained in this chapter or in the rules and regulations issued by the board, pursuant to specific statutory authority; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires;
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of dentistry or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice dentistry; or made a false statement or deceptive annual registration with the board;
(3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony without regard to its designation elsewhere; and, as used in this subsection, the term 'conviction' shall in clude a finding or verdict of guilty or a plea of guilty, regardless of whether an ap peal of the conviction has been sought;
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) A plea of nolo contendere was entered to the charge;
(B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(C) An adjudication or sentence was otherwise withheld or not entered on the charge.
The plea of nolo contendere or the order entered pursuant to the provisions of Arti cle 3 of Chapter 8 of Title 42 or other first offender treatment shall be conclusive ev idence of arrest and sentencing for such crime;
(5) Had his or her license to practice dentistry revoked, suspended, or annulled by any lawful licensing dental authority other than the board; or had other disciplinary action taken against him or her by any lawful licensing dental authority other than the board; or was denied a license by any lawful licensing dental authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any lawful licensing dental authority other than the board, pursuant to disciplinary proceedings;
(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious con duct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice dentistry, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have re sulted in actual injury to any person or be directly related to the practice of den tistry but shows that the licensee or applicant has committed any act or omission

WEDNESDAY, MARCH 3, 1999

673

which is indicative of bad moral character or untrustworthiness; unprofessional con duct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing dental practice;
(7)(A) Engaged in the practice of dentistry as an employee of any individual not licensed to practice dentistry in this state or engaged in the practice of dentistry as an officer or employee of any corporation other than one organized and existing pursuant to Chapter 10 of Title 14, 'The Georgia Professional Association Act,' or Chapter 7 of Title 14, the 'Georgia Professional Corporation Act,' or engaged in the practice of dentistry as an employee, manager, or member of any limited lia bility company organized and existing pursuant to Chapter 11 of Title 14 or a lim ited liability partnership pursuant to Chapter 8 of Title 14 other than one in which all members are licensed dentists and all professional services and profes sional judgment decisions are delivered by and made by licensed dentists, except as a licensed dentist or an intern or resident of a hospital or teaching institution licensed by this state;.
(B) Possession of an ownership interest of a deceased licensed dentist in a limited liability company which is wholly owned by licensed dentists as described in subparagraph (A) of this paragraph shall not constitute a violation of that subparagraph if that interest is transferred to another licensed dentist member or re deemed by the limited liability company within six months after the date of death of that licensed dentist member;
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cliiu. Lllti D03XU. riliiill Ot; ctLiLliOl'l/ilBCl LO ^iuiiiU.l^ciLti 1'U.ltis cinu. ic^U.lciLlOliii Lu Ctii i,y OU.L
LIit; jjui'^juScci Oi LlilS JJcii et^zLi^i
(9) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been sus pended or revoked by the board to practice dentistry or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board;
(10) Violated a statute, law, or any rule or regulation of this state, any other state, the board, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, or rule or regu lation relates to or in part regulates the practice of dentistry, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a dis ciplinary hearing, consent decree, or license reinstatement;

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(11) Been adjudged mentally incompetent by a court of competent jurisdiction within or wilhuul outside this state; any such adjudication shall automatically sus pend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect;
(12) Displayed an inability to practice dentistry with reasonable skill and safety to patients or has become unable to practice dentistry with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition, or by rea son of displaying habitual intoxication, addiction to, or recurrent personal misuse of alcohol, drugs, narcotics, chemicals, or any other type of similar substances. In en forcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. Every person who shall accept the privilege of practicing dentistry in this state, or shall file an application for a license to practice dentistry in this state, shall be deemed to have given that person's consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the re sults in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an exam ination when properly directed to do so by the board, unless such failure is due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing dentistry under this subsection shall at reasonable inter vals be afforded an opportunity to demonstrate to the board that such person can resume or begin the practice of dentistry with reasonable skill and safety to patients;
(13) Reserved;
(14) Engaged in the excessive prescribing or administering of drugs or treatment or the use of diagnostic procedures which are detrimental to the patient as determined by the customary practice and standards of the local community of licensees; or knowingly prescribed controlled drug substances or any other medication without a legitimate dental purpose; or knowingly overprescribed controlled drug substances or other medication, in light of the condition of the patient at the time of prescrip tion; or
(15) Knowingly made any fraudulent, misleading, or deceptive statement in any form of advertising or made any statement in any advertisement concerning the quality of the dental services rendered by that dentist or any dentist associated with him or her. For purposes of this paragraph, 'advertising* shall include any informa tion communicated in a manner designated to attract public attention to the prac tice of the licensee.
(b) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by the board and summary suspension of a li cense are adopted and incorporated by reference into this chapter.
(c) For purposes of this Code section, the board may obtain, and is authorized to sub poena, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hear ing before the board.

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(d) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code sec tion, the board may take any one or more of the following actions:
(1) Refuse to grant or renew a license to an applicant;
(2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee;
(3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license;
(4) Limit or restrict any license as the board deems necessary for the protection of the public;
(5) Revoke any license; or
(6) Condition the penalty upon, or withhold formal disposition pending, the appli cant's or licensee's submission to such care, counseling, or treatment as the board may direct.
(e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose.
(f) Initial judicial review of a final decision of the board shall be had solely in the su perior court of the county of domicile of the board.
(g) In its discretion, the board may reinstate a license which has been revoked or is sue a license which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this chapter.
(h)(l) The joint-secretary is vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations as he or she or the board may deem necessary or proper for the enforcement of the provi sions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The joint-secretary or his or her appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter or any other law relating to the practice of dentistry may have taken place. Upon approval of the board, any person properly conducting an investigation on be half of the board shall have access to and shall have the right to examine the physi cal premises of a dental practice.
(2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the joint-secretary, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority.

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(3) All records relating to any patient of a licensee who is the subject of a board in quiry shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any statutory privilege; provided, how ever, that any documentary evidence relating to a patient shall be reviewed in cam era and shall not be disclosed to the public.
(4) The board shall have the authority to exclude all persons during its delibera tions on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant.
(i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code sec tion or any other provision of law relating to a licensee's or applicant's fitness to prac tice as a dentist, dental hygienist, or dental assistant or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsec tion (a) of this Code section or any other law relating to a licensee's or applicant's fit ness to practice as a dentist or a dental hygienist shall be immune from civil and criminal liability for so testifying.
(j) Neither a denial of a license on grounds other than those enumerated in subsection (a) nor the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to is sue a previously denied license nui the denial uf an application lu use a particular cor porate ui UaJe name shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests.
(k) If any licensee or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, ini tial or recommended decision, or final decision of the board in a disciplinary proceed ing shall be served upon the licensee or applicant by certified mail, return receipt re quested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licen see or applicant cannot, after diligent effort, be located, the joint-secretary shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the joint-secretary shall be deemed to be service upon the licensee or applicant.
(1) The voluntary surrender of a license shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of the board.
(m) This Code section shall apply equally to all licensees or applicants whether indi viduals, partners, or members of any other incorporated or unincorporated associa tions, limited liability companies, corporations, or other associations of any kind whatsoever.

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677

(n) All subpoenas issued pursuant to the authority granted in this chapter shall be subject to the general rules of law with respect to distance, tender of fees and ex penses, and protective orders; provided, further, any motion made with respect thereto shall be made to and passed on by a judge of the superior court of the county of resi dence of the person to whom the subpoena is directed."
SECTION 18.
Said chapter is further amended by striking in its entirety Code Section 43-11-49, relat ing to burden of proof as to authority to practice dentistry, and inserting in lieu thereof a new Code Section 43-11-49 to read as follows:
"43-11-49.
On the trial of anyone charged with the violation of this chapter or with the illegal practice of dentistry, it shall be incumbent on the defendant, upon proof that he or she practiced dentistry, to show that he or she had authority under the law to practice dentistry in order to exempt himself or herself from the penalty for such violation."
SECTION 19.
Said chapter is further amended by striking in its entirety Code Section 43-11-50, relat ing to practice of dentistry without a license, and inserting in lieu thereof a new Code Section 43-11-50 to read as follows:
"43-11-50.
Any person, firm, partnership, corporation, or other entity who practices dentistry in this state without obtaining a license to practice from the board shall be guilty of a misdemeanor upon conviction for the first such offense, a high and aggravated misde meanor upon conviction for the second such offense, and a felony upon conviction for the third or subsequent such offense."
SECTION 20.
Said chapter is further amended by striking in its entirety Code Section 43-11-51, relat ing to practicing dentistry under another's license, and inserting in lieu thereof a new Code Section 43-11-51 to read as follows:
"43-11-51.
Any person, firm, partnership, corporation, or other entity who practices dentistry or performs any dental operation under the protection of another's license shall be guilty of a misdemeanor."
SECTION 21.
Said chapter is further amended by striking in its entirety Code Section 43-11-73.1, re lating to continuing education requirement, waiver, and authority of board, and in serting in lieu thereof a new Code Section 43-11-73.1 to read as follows:
"43-11-73.1.
(a) The board shall be authorized to require persons seeking renewal of a dental hygienist license to complete board approved continuing education of not less than 22 26 hours biennially. The board shall be authorized to approve courses offered by institu tions of higher learning and professional organizations. At least 15 hours of continu ing education in each renewal cycle shall be scientifically based. Time lequimd tu ubtcHiiCci'tiiic<it10nin ccti'ui0^1tiliiioniryres usciLtiLionj/uxs u.tiiiLto su.DfectLj.oii \c.) orV^OCIG
octLlOll4o~ J. J. i o Slicill ilut DC iiiClu.Cl.eiu.lt?ECS uu 11 Liilliiii^ tiuUCaLnjn I'tjjC^llU. euDy LiilS

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(b) The board shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.
(c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.
(d) This Code section shall apply to each licensing, certification, and renewal cycle which begins after the 1990-1991 renewal."
SECTION 22.
Said chapter is further amended by striking in its entirety Code Section 43-11-75, relat ing to the applicability of the article, and inserting in lieu thereof a new Code Section 43-11-75 to read as follows:
"43-11-75.

This article shall not apply to licensed dentists, nor shall this article apply to ingulaily licensed physicians licensed in this state in extracting teeth or performing surgi cal operations and in charging therefor or to regulaily iliaileied accredited schools of dentistry."
SECTION 23.
Said chapter is further amended by striking in its entirety Code Section 43-11-82, relat ing to the applicability of the article, and inserting in lieu thereof a new Code Section 43-11-82 to read as follows:
"43-11-82.

This article shall not apply to licensed dentists or dental hygienists, nor shall this ar ticle apply to icgulaily licensed physicians licensed in this state in extracting teeth or performing surgical operations and in charging therefor; or to legulaily chaileied ac credited schools of dentistry."
SECTION 24.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 25.
All laws and parts of laws in conflict with this Act are repealed.
Senators Burton of the 5th and Williams of the 6th offered the following amendment:
Amend the committee substitute to HB 295 by adding on page 9 line 27 after the word "states." the sentence "Nothing in this chapter will allow in-office or preceptorship train ing of a dental hygiene student."
On adoption of the amendment, the yeas were 10, nays 34, and the Burton, Williams amendment was lost.
On adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun, 46th

Brown, 26th Y Brush N Burton Y Butler

Y Cable Y Cagle Y Cheeks Y Crotts

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679

Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden EX Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D

Y Johnson,E Y Kemp N Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price.R Y Price.T Y Ragan Y Ray

Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 3. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 155. By Senators Meyer von Bremen of the 12th, Bowen of the 13th and Lee of the 29th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, relating to general provisions applicable to the Department of Public Safety, so as to make it unlawful for any person to manufacture, offer for sale, or sell or for any person to purchase, attempt to purchase, or possess any badge or replica of a badge used by the Department of Public Safety unless such manufacture, sale, purchase, or possession is authorized by law or au thorized in writing by the commissioner of public safety.
Senator Meyer von Bremen of the 12th offered the following amendment:
Amend SB 155 by adding in the title on line 3 of page 1 between the word "as" and the word "make" the word "to" and by adding on line 13 of page 2 between the word "be" and the word "misdemeanor" the word "a".
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle
Cheeks

Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden EX Guhl Y Harbison Y Hecht Y Hill

Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee

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Y Madden Y Marable Y Meyer von Bremen Y Perdue
Polak Price,R Y Price.T Y Ragan

Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat

Y Tanksley Y Tate Y Thomas,D Y Thomas.N Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Fort of the 39th moved that the following bill, having been read the third time on Februrary 23, and action suspended pursuant to Rule 143, then placed on the Table on February 24, be taken from the Table:

SB 123. By Senators Fort of the 39th, Egan of the 40th, Hill of the 4th and others:
A bill to amend Article 2 of Chapter 6 of Title 40 of the Official Code of Geor gia Annotated, relating to traffic signs, signals, and markings, so as to author ize the Department of Public Safety or the governing authority of any political subdivision of this state to establish a system of traffic-control signal monitor ing devices so as to provide procedures for the recording of violations of trafficcontrol signals.
On the motion, the yeas were 30, nays 1; the motion prevailed, and SB 123 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.
The Calendar was resumed.
SB 98. By Senators Hecht of the 34th, Dean of the 31st, Hooks of the 14th and others:
A bill to amend Code Section 48-5-306 of the Official Code of Georgia Anno tated, relating to notice of changes in taxpayer's return, so as to add provi sions relating to the contents of such notice.

The Senate Finance and Public Utilities Committee offered the following amendment:
Amend SB 98 by inserting the designation "(1)" after the designation "(b)" on line 12 on page 1.
By striking lines 20 through 22 on page 1 and inserting in lieu thereof the following:
"In all cases,".
By striking the double quotation marks at the end of line 12 on page 2.
By inserting between lines 12 and 13 on page 2 the following:
"(2) Prior to the notice required to be given under subsection (a) of this Code sec tion, a county governing authority may provide by ordinance or resolution that said notice shall include the reason or reasons for the increase in the property assess ment as specified by the county board of tax assessors. The sufficiency of the description of the reason or reasons for an increase in the property assessment shall be determined by the county board of tax assessors. Any such ordinance or resolu tion shall remain in force and effect for the initial and all subsequent tax years un til rescinded by ordinance or resolution.'"

WEDNESDAY, MARCH 3, 1999

681

On adoption of the amendment, the yeas were 0, nays 35, and the committee amend ment was lost.

Senator Hecht of the 34th offered the following amendment:
Amend SB 98 by inserting the designation "(1)" after the designation "(b)" on line 12 on page 1.
By striking lines 20 through 22 on page 1 and inserting in lieu thereof the following:
"In all cases,".
By striking the double quotation marks at the end of line 12 on page 2.
By inserting between lines 12 and 13 on page 2 the following:
"(2) Where the assessment of the value of the taxpayer's residential real property subject to taxation exceeds the previous final assessment of such property by less than 15 percent, a county governing authority may provide by ordinance or resolu tion that said notice shall include the reason or reasons for the increase in the prop erty assessment as specified by the county board of tax assessors. The sufficiency of the description of the reason or reasons for an increase in the property assessment shall be determined by the county board of tax assessors.'"
On adoption of the amendment the yeas were 36, nays 0, and the Hecht amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle
Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden EX Guhl

Y Harbison Y Hecht Y Hill
Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue
Polak

Y Price,R Y Price.T
Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

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

SB 120. By Senators Perdue of the 18th and Gillis of the 20th:

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A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Geor gia Annotated, relating to procedure for sentencing and imposition of punish ment, so as to provide that any person sentenced for a crime involving the knowing injury or death of a law enforcement officer, firefighter, or emergency medical technician acting in the line of official duty committed on or after the effective date of this Act shall not be eligible for any form of parole or early re lease administered by the State Board of Pardons and Paroles.

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 Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle
Cheeks Y Crotts Y Dean Y Egan N Fort Y Gillis Y Gingrey Y Golden EX Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson N James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue
Polak

Y Price,R Y Price.T
Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes
Streat Y Tanksley N Tate Y Thomas.D Y Thomas,N Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 46, nays 3. The bill, having received the requisite constitutional majority, was passed.

SB 72. By Senators Hill of the 4th and Marable of the 52nd:
A bill to amend Code Section 15-11-5 of the Official Code of Georgia Anno tated, relating to the jurisdiction of the juvenile court, so as to provide for the court's jurisdiction over certain proceedings initiated by local boards of educa tion; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for grants to schools and school systems which develop and implement certain compacts among teachers, students, and parents.

The Senate Education Committee offered the following amendment:
Amend SB 72 by striking the words "of the school year" and inserting in lieu thereof the words "after enrollment" on line 15 of page 3.
On adoption of the amendment, the yeas were 41, nays 0, and the committee amend ment was adopted.
Senator Land of the 16th offered the following amendment:

WEDNESDAY, MARCH 3, 1999

683

Amend SB 72 by deleting the semicolon on line 31, page 2, and inserting a period; and deleting lines 32-34 on page 2; and deleting lines 20-43 on page 3; and renumbering "Section 5" as "Section 4"; and renumbering "Section 6" as "Section 5".
On adoption of the amendment, the yeas were 10, nays 28, and the Land amendment was lost.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable
Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden EX Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue
Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed as amended.

SB 54. By Senators Madden of the 47th, Gillis of the 20th, Streat of the 19th and Ragan of the llth:
A bill to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Geor gia Annotated, relating to acquisitions and dispositions of certain hospitals, so as to change the provisions relating to definitions and required analyses and reports; to delete certain fee and cost paying requirements but provide for pay ing certain other costs; to change certain certification requirements; to provide an exemption for the renewal of certain leases.
The Senate Health and Human Services Committee offered the following substitute to SB 54:
A BILL
To be entitled an Act to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisitions and dispositions of certain hospitals, so as to provide an exemption for the renewal of certain leases; to change the provisions relating to fines; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisitions and dispositions of certain hospitals, is amended by striking Code Section 31-7-409, relating to prospective operation of the article, and inserting in its place the following Code section:
"31-7-409.
(a) Any transaction completed before October 31, 1997, or any transaction that is sub ject to a pending definitive agreement as of October 31, 1997, and which is either con ditioned only upon receipt of regulatory approval, or is subject to a pending judicial proceeding as of April 1, 1997, is not subject to the requirements of this article.
(b) Any lease which is exempted from the operation of this article pursuant to subsec tion (a) of this Code section and which contained, on October 31, 1997, an option to re new that lease upon its expiration shall not be subject to this article upon any renewal on or after the date this subsection becomes effective in 1999."
SECTION 2.
Said article is further amended by striking Code Section 31-7-412, relating to fines, and inserting in its place the following:
"31-7-412.
(a) Any disposition or acquisition of assets made in violation of the notice, disclosure, and certification requirements of this article shall be null and void, and each uumibei uf lliu governing budies and the clnef executive officeis uf LlitJ parties tlieiyto nonprofit entity and acquiring entity engaging in such disposition or acquisition shall be subject to a fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the unlaw ful disposition or acquisition.
(b) Any person knowingly and willfully making a false statement in a certification under Code Section 31-7-403 or subsection (b) of Code Section 31-7-405, in addition to any criminal penalty which may be imposed pursuant to Code Section 16-10-71, shall be subject to a civil fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is lo cated. The Attorney General shall institute proceedings to impose such fine within one year of the date of the certification."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, MARCH 3, 1999

685

Y Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden EX Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue
Polak

Y Price.R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson
Walker Y Williams

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

SB 197. By Senators Hill of the 4th, Madden of the 47th, Ragan of the llth and others:

A bill to amend Article 1 of Chapter 21 of Title 36 of the Official Code of Geor gia Annotated, relating to provisions applicable to counties, so as to authorize the provision of employee benefits to counties, the Association County Com missioners of Georgia, consolidated governments, local authorities, commis sions, and other similar and related entities.

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 Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis

Y Gingrey Y Golden EX Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land

Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue
Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes

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Y Streat Y Tanksley Y Tate

Y Thomas.D Thomas,N Thompson

Walker Y Williams

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

SB 137. By Senator Madden of the 47th:

A bill to amend Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to persons in whom parental power lies, how such power lost, and re lated matters, so as to provide that a great-grandparent may participate in an action for child custody.

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 Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden EX Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue
Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

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

SB 178. By Senators Walker of the 22nd and Dean of the 31st:
A bill to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Geor gia Annotated, "The Telecommunications and Competition Development Act of 1995," so as to change certain provisions relating to written authorization of charges made by telecommunications companies for services provided by third parties; to provide that such requirements shall apply to third parties that are not affiliated with the telecommunications company.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, MARCH 3, 1999

687

Y Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden EX Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue
Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott
Smith Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Thomas.N Y Thompson Walker Y Williams

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution was read and put upon its adoption:
HR 432. By Representatives Murphy of the 18th, Walker of the 141st, Skipper of the 137th and others:
A RESOLUTION
Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General As sembly shall adjourn at 5:00 P.M. on Thursday, March 4, 1999, and shall reconvene on Monday, March 8, 1999. BE IT FURTHER RESOLVED that during such period of adjournment committees shall be authorized to act as provided in House Rule 53 and Senate Rule 115A.
BE IT FURTHER RESOLVED that for the duration of the remainder of the 1999 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.
On the adoption of the resolution, the yeas were 49, nays 0, and the resolution was adopted. Senator Dean of the 31st moved that the Senate adjourn until 10:00 a.m. tomorrow; the motion prevailed, and at 3:20 p.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Thursday, March 4, 1999 Thirtieth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 590. By Representative McKinney of the 51st:
A bill to amend an Act requiring the tax commissioner of Fulton County to re ceive tax returns for the City of Atlanta and setting the date for payment of taxes, so as to authorize Fulton County and the Fulton County Board of Edu cation to establish a single due date for taxes due to state and each of said units of local government.
HB 806. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Stewart County, so as to change the provisions relating to the compensation of the chairperson of the board of commissioners.
HB 821. By Representative Skipper of the 137th:
A bill to create a board of elections and registration for Lee County and pro vide for its powers and duties.
HB 845. By Representative Parrish of the 144th:
A bill to create a board of elections and registration in Johnson County.
SB 136. By Senators Thompson of the 33rd, Tanksley of the 32nd and Lamutt of the 21st:
A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to clarify the purpose of the Act.
HB 260. By Representatives Channell of the lllth, Parrish of the 144th, Hudson of the 120th and others:
A bill to amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to change the conditions regarding loan and scholarship repayment; to change the provisions regarding signing of contracts.
HB 283. By Representative Jamieson of the 22nd:

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A bill to amend Article 10A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of heavy-duty equipment motor vehicles, so as to change certain provisions regarding the return of heavy-duty equipment motor vehicles for ad valorem taxation and collection of such tax.
HB 678. By Representatives Stephens of the 150th, Benefield of the 96th, Parham of the 122nd and others:
A bill to amend Code Section 40-2-20 of the Official Code of Georgia Anno tated, relating to motor vehicle registration and license requirements, so as to exempt certain port vehicles; to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to restrictions on dimensions and weight of vehicles and load, so as to exempt certain port vehicles.
HB 716. By Representatives McCall of the 90th and Benefield of the 96th:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Anno tated, relating to length of vehicles and loads, so as to change certain provi sions relating to operation of automobile carriers on designated highways.
HB 681. By Representatives DeLoach of the 172nd, Barnard of the 154th, Tillman of the 173rd and others:
A bill to amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to change requirements for iden tifying crab trap floats; to require written notice to the Department of Natural Resources when a licensed crabber permits another person to work his or her traps; to change requirements for vessel identification markings.
HB 84. By Representatives Ray of the 128th, Porter of the 143rd, Jamieson of the 22nd and others:
A bill to amend Code Section 16-11-127.1 of the Official Code of Georgia Anno tated, relating to prohibitions and criminal penalties for carrying weapons within school safety zones, at school functions, or on school property, so as to include razor blades within the definition of the term "weapon".
HB 438. By Representatives Buck of the 135th, Royal of the 164th, Heard of the 89th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Geor gia Annotated, relating to the imposition, rate, and computation of income taxes, so as to allow a corporate taxpayer to assign a Georgia income tax credit to an affiliated corporation.
HB 43. By Representative Williams of the 114th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to investments of insur ers; to change certain provisions relating to investment pools.
HB 159. By Representatives Graves of the 125th, Williams of the 83rd, Bannister of the 77th and others:

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A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to general provisions regarding insurance generally, so as to provide for time limits for payment of claims under certain health bene fit plans and provide for sanctions.
HB 717. By Representatives Harrell of the 62nd, Randall of the 127th, Trense of the 44th and others:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Anno tated, relating to general provisions regarding health, so as to provide for leg islative findings and intent; to establish an advisory committee on newborn in fants and provide for its selection, compensation, powers, qualifications, and duties.
HB 605. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to enact the "Im proved Student Learning Environment and Discipline Act of 1999".
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 325. By Representatives Jenkins of the 110th, James of the 140th, Massey of the 86th and others:
A resolution designating the Georgia Emergency Management Agency hazard ous materials training facility at the Georgia Public Safety Training Center in Forsyth as the "Neil Jordan Holton Hazardous Materials Training Facility".
The following bills were introduced, read the first time and referred to committees:
SB 261. By Senators Cheeks of the 23rd and Lee of the 29th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to the crime of driving under the influence of alcohol, drugs, or other intoxicating substances, so as to make special provisions relating to driv ing under the influence by a person who has been issued a probationary driver's license after having been determined to be a habitual violator.
Referred to Committee on Judiciary.
SB 262. By Senator Kemp of the 3rd:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Geor gia Annotated, relating to general provisions applicable to district attorneys, so as to create the honorary office of district attorney emeritus; to provide for qualifications of such office; to provide procedures to allow certain retired prosecuting attorneys to assist district attorneys or to be appointed district at torney pro tempore; to provide for compensation.
Referred to Committee on Judiciary.
SR 232. By Senator James of the 35th:
A resolution designating the "Jondelle Johnson Drive".
Referred to Committee on Transportation.

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691

SR 235. By Senator Dean of the 31st: A resolution designating the bridge on Georgia Highway 92 at Grays Mill Creek in Hiram, Georgia, as the "Dewey Pendley Bridge".
Referred to Committee on Transportation.
SR 236. By Senator Dean of the 31st: A resolution designating the bridge on U. S. 278 Business at Euharlee Creek in Rockmart, Georgia, as the "Raymond Lester Bridge".
Referred to Committee on Transportation.
SR 241. By Senators Balfour of the 9th, Cheeks of the 23rd, Harbison of the 15th and others: A resolution urging the United States Congress to curb proposed legislation pertaining to the Bank Secrecy Act.
Referred to Committee on Banking and Financial Institutions.
SR 242. By Senator Smith of the 25th: A resolution urging the Congress of the United States to support appropria tions for the Land and Water Conservation Fund.
Referred to Committee on Natural Resources.
SR 243. By Senator Ragan of the llth: A resolution urging the Congress of the United States to revise the Federal Crop Insurance Program.
Referred to Committee on Agriculture.
The following bills were read the first time and referred to committees:
HB 43. By Representative Williams of the 114th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to investments of insur ers; to change certain provisions relating to investment pools.
Referred to Committee on Insurance and Labor.
HB 84. By Representatives Ray of the 128th, Porter of the 143rd, Jamieson of the 22nd and others: A bill to amend Code Section 16-11-127.1 of the Official Code of Georgia Anno tated, relating to prohibitions and criminal penalties for carrying weapons within school safety zones, at school functions, or on school property, so as to include razor blades within the definition of the term "weapon".
Referred to Committee on Education.
HB 159. By Representatives Williams of the 83rd, Bannister of the 77th, Jones of the 71st and Tolbert of the 25th: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to general provisions regarding insurance generally, so as to provide for time limits for payment of claims under certain health bene fit plans and provide for sanctions.
Referred to Committee on Insurance and Labor.

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HB 260. By Representatives Channell of the lllth, Parrish of the 144th, Hudson of the 120th and others:
A bill to amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to change the conditions regarding loan and scholarship repayment; to change the provisions regarding signing of contracts.
Referred to Committee on Higher Education.
HB 283. By Representative Jamieson of the 22nd:
A bill to amend Article 10A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of heavy-duty equipment motor vehicles, so as to change certain provisions regarding the return of heavy-duty equipment motor vehicles for ad valorem taxation and collection of such tax.
Referred to Committee on Finance and Public Utilities.
HB 438. By Representatives Buck of the 135th, Royal of the 164th, Heard of the 89th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Geor gia Annotated, relating to the imposition, rate, and computation of income taxes, so as to allow a corporate taxpayer to assign a Georgia income tax credit to an affiliated corporation.
Referred to Committee on Finance and Public Utilities.
HB 590. By Representative McRinney of the 51st:
A bill to amend an Act requiring the tax commissioner of Fulton County to re ceive tax returns for the City of Atlanta and setting the date for payment of taxes, so as to authorize Fulton County and the Fulton County Board of Edu cation to establish a single due date for taxes due to state and each of said units of local government.
Referred to Committee on State and Local Governmental Operations.
HB 605. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to enact the "Im proved Student Learning Environment and Discipline Act of 1999".
Referred to Committee on Education.
HB 678. By Representatives Stephens of the 150th, Benefield of the 96th, Parham of the 122nd and others:
A bill to amend Code Section 40-2-20 of the Official Code of Georgia Anno tated, relating to motor vehicle registration and license requirements, so as to exempt certain port vehicles; to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to restrictions on dimensions and weight of vehicles and load, so as to exempt certain port vehicles.
Referred to Committee on Transportation.

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HB 681. By Representatives DeLoach of the 172nd, Barnard of the 154th, Tillraan of the 173rd and Purcell of the 147th: A bill to amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to change requirements for iden tifying crab trap floats; to require written notice to the Department of Natural Resources when a licensed crabber permits another person to work his or her traps; to change requirements for vessel identification markings.
Referred to Committee on Natural Resources.
HB 716. By Representatives McCall of the 90th and Benefield of the 96th: A bill to amend Code Section 32-6-24 of the Official Code of Georgia Anno tated, relating to length of vehicles and loads, so as to change certain provi sions relating to operation of automobile carriers on designated highways.
Referred to Committee on Transportation.
HB 717. By Representatives Harrell of the 62nd, Randall of the 127th, Trense of the 44th and others: A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Anno tated, relating to general provisions regarding health, so as to provide for leg islative findings and intent; to establish an advisory committee on newborn in fants and provide for its selection, compensation, powers, qualifications, and duties.
Referred to Committee on Health and Human Services.
HB 806. By Representative Greene of the 158th: A bill to amend an Act creating the Board of Commissioners of Stewart County, so as to change the provisions relating to the compensation of the chairperson of the board of commissioners.
Referred to Committee on State and Local Governmental Operations.
HB 821. By Representative Skipper of the 137th: A bill to create a board of elections and registration for Lee County and pro vide for its powers and duties.
Referred to Committee on State and Local Governmental Operations.
HB 845. By Representative Parrish of the 144th: A bill to create a board of elections and registration in Johnson County.
Referred to Committee on State and Local Governmental Operations.
HR 325. By Representatives Jenkins of the 110th, James of the 140th, Massey of the 86th and others: A resolution designating the Georgia Emergency Management Agency hazard ous materials training facility at the Georgia Public Safety Training Center in Forsyth as the "Neil Jordan Holton Hazardous Materials Training Facility".
Referred to Committee on Public Safety.
The following committee reports were read by the Secretary:
Mr. President:

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The Committee on Consumer Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 199. Do pass by substitute. HR 154. Do pass as amended.

SB 205. Do pass by substitute.

Respectfully submitted,

Senator Harbison of the 15th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 101. Do pass as amended. SB 152. Do pass.

SB 194. Do pass. SR 129. Do pass.

Respectfully submitted,

Senator Marable of the 52nd District, Chairman

Mr. President:

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

SB 210. Do pass by substitute. SB 241. Do pass.

SR 193. Do pass.

Respectfully submitted,

Senator Stokes of the 43rd District, Chairman

Mr. President:

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

SB 115. Do pass. SB 148. Do pass by substitute. SB 216. Do pass by substitute.

SB 238. Do pass. SB 245. Do pass.

Respectfully submitted,

Senator Kemp of the 3rd District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 211. Do pass by substitute. HB 112. Do pass by substitute.

HB 578. Do pass by substitute.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

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695

The Committee on Public Safety has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 231. Do pass. SB 232. Do pass. SB 242. Do pass.

SB 253. Do pass as amended. SR 231. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:
The Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the fol lowing recommendation:
HB 224. Do pass by substitute. Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:

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

SB 237. Do pass. SB 243. Do pass as amended. HB 700. Do pass. HB 704. Do pass. HB 709. Do pass. HB 710. Do pass. HB 711. Do pass.

HB 723. Do pass by substitute. HB 724. Do pass. HB 725. Do pass. HB 728. Do pass. HB 730. Do pass. HB 753. Do pass. HB 412. Do pass.

Respectfully submitted,

Senator Thomas of the 10th District, Chairman

Mr. President:

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

SB 256. Do pass by substitute.

SR 183. Do pass.

Respectfully submitted,

Senator Streat of the 19th District, Chairman

The following bills and resolutions were read the second time:

SB 192 SB 240 HB 128 HR 208

SB 200 SB 248 HB 241 HR 214

SB 218 SR 116 HB 474

SB 222 SR 137 HB 524

SB 230 SR 157 HB 630

SB 236 SR 196 HR 82

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

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Blitch Bowen Broun, 46th Brown, 26th Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Guhl Harbison

Hill Hooks Huggins Jackson James Johnson,D Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer von Bremen Perdue

Those not answering were:

Balfour Brush Golden

Hecht Polak

Price,R Price,T Ragan Ray Roberts Scott Starr Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,N Thompson Williams
Smith Walker

The following communication was received by the Secretary: To: Secretary of the Senate I am present on March 4.
Isl Mike Polak 42nd District
The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Roberts of the 30th introduced the chaplain of the day, Chaplain Woodrow Hud son, of Atlanta, Georgia, who offered scripture reading and prayer. Senator Streat of the 19th recognized members of Impact Ministries, commended by SR 216, adopted previously. Senator Brush of the 24th acknowledged Motorcycle Awareness Month, recognized in SR 147, adopted previously.
The following resolutions were read and adopted:
SR 233. By Senator Dean of the 31st: A resolution commending Mrs. Elaine Hughes.
SR 238. By Senators Price of the 56th, Thomas of the 54th and Gingrey of the 37th: A resolution commending the Medical Association of Georgia on its 150th Anniversary.
SR 239. By Senator Hill of the 4th:

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A resolution commending the first responders, emergency medical technicians, cardiac technicians, and paramedics of Georgia and observing the second an nual Emergency Medical Services (EMS) Recognition Day.

SR 240. By Senator Hill of the 4th: A resolution recognizing Syl-View Health Care Center on its 30th Anniversary.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, March 4, 1999 THIRTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the leg islation.)

SB 237

Jackson, 50th UNION COUNTY

A bill to amend an Act providing for the election of the members of the Board of Education of Union County so as to provide for the compensa tion of said board members; to provide an effective date.

SB 243

Thomas, 10th CITY OF AVONDALE ESTATES

A bill to provide a new charter for the City of Avondale Estates; to provide for the name, corporate boundaries, and powers of the city and the governing authority; to provide for the structure of the government of the city; to provide for a board of mayor and commissioners and the membership, officers, election, terms, qualifications, vacancies, compen sation, and expenses thereof; to prohibit conflicts of interest and hold ing other offices; to provide for disclosures and ethics. (AMENDMENT)

HB 700

Harbison, 15th Land, 16th MUSCOGEE COUNTY

A bill to amend an Act establishing the State Court of Muscogee County, so as to provide for the compensation of the solicitor-general and chief assistant solicitor-general of said court.

HB 704 Smith, 25th GREENE COUNTY

A bill to amend an Act creating the Greene County Family Connection Commission, so as to add a member.

HB 709 Smith, 25th CITY OF UNION POINT

A bill to amend an Act creating a new charter for the City of Union Point, so as to change the corporate limits of said city.

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HB 710 HB 711 HB 723 HB 724 HB 725 HB 728 HB 730 HB 753

Smith, 25th TOWN OF SILOAM
A bill to amend an Act providing for a new charter for the Town of Siloam, so as to provide for concurrent terms for the mayor and council members.
Marable, 52nd CITY OF ROME
A bill to create the City of Rome Recreational Facilities Authority.
Williams, 6th Blitch, 7th CITY OF WAYCROSS and WARE COUNTY
A bill to provide for the unification of the existing governments of the City of Waycross and Ware County; to provide for the creation of the unified government of Waycross-Ware County. (SUBSTITUTE)
Blitch, 7th WARE COUNTY
A bill to repeal an Act creating a board of commissioners for Ware County; to provide for a contingent effective date; to provide for auto matic repeal under certain circumstances.
Williams, 6th Blitch, 7th CITY OF WAYCROSS
A bill to repeal an Act providing for a new charter for the City of Waycross; to provide for a contingent effective date; to provide for auto matic repeal under certain circumstances.
Hooks, 14th WEBSTER COUNTY
A bill to amend an Act entitled "An Act to create the board of commis sioners of Webster County," so as to redefine the commissioner dis tricts.
Lee, 29th TROUP COUNTY
A bill to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner; to change the compensation of the chief deputy coroner.
Dean, 31st CITY OF CEDARTOWN

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A bill to amend an Act creating the Cedartown Development Authority, so as to provide for the appointment of additional members of the Au thority. PURSUANT TO ARTICLE VII, PARAGRAPH IV OF THE CONSTITU TION, THE FOLLOWING LOCAL BILL RELATING TO THE HOME STEAD EXEMPTIONS REQUIRES A TWO-THIRDS ROLL-CALL VOTE FOR PASSAGE.

HB 412

Balfour, 9th Ray, 48th CITY OF SNELLVILLE

A bill to provide a homestead exemption from City of Snellville ad valorem taxes for city purposes, in the amount of $3,000.00 of the as sessed value of the homestead for certain residents of that city who are under 65 years of age and to provide a homestead exemption from City of Snellville ad valorem taxes for city purposes, in the amount of $5,000.00 of the assessed value of that homestead for certain residents of that city who are 65 years of age or over or totally disabled.

The amendment to the following bill was put upon its adoption: *SB 243:

The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend SB 243 by adding after the word and symbol "construction;" on line 36 of page 1 the following:
"to provide for annexation of additional territory into the corporate limits of the City of Avondale Estates;".
By adding after line 39 on page 41 the following:
"In addition to the territory described above, the corporate limits of the City of Avondale Estates shall include the following described territory:
Beginning in the 15th District, Land Lot 248, originally Henry County, now DeKalb County, Georgia, at the southwest corner of lot number 15 248 17 29 and the inter section of lot numbers 15 248 17 30 and 15 248 16 16; thence in a west-southwest erly direction along the southern boundary of lot number 15 248 16 16, approxi mately six hundred sixteen feet (616'), more or less, to the southwestern corner of said lot; thence in a north-northwesterly direction approximately nine hundred eighty-eight feet (988'), more or less, to the southeast corner of lot number 15 248 16 01; thence in a westerly direction and along the southern boundary of lot number 15 248 16 01 a distance of one hundred forty feet (140'), more or less, to the south western corner of said lot and the intersection of the eastern right-of-way line of Livingstone Place (40' right-of-way); thence south along the eastern right-of-way line of Livingstone Place (40' right-of-way) a distance of approximately eighty five feet (85'), more or less, to a point perpendicular to the southern boundary of lot number 15 248 15 13, if extended; thence in a westerly direction, across Livingstone Place (40' right-of-way) and along the southern boundary of lot number 15 248 15 13, ap proximately one hundred seventy nine feet (179'), more or less, to the southwestern

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corner of said lot; thence north along the western boundary of lot number 15 248 15 13 approximately forty five feet (45'), more or less, to the southeastern corner of lot number 15 248 15 14; thence in a westerly direction approximately one hundred eighty feet (180'), more or less, along the southern boundaries of lots numbers 15 248 15 14 and 15 248 15 01, as extended, to a point on the western right-of-way line of Brown Place, (40' right-of-way); thence in a northerly direction along the westerly right-of-way line of Brown Place (40' right-of-way) a distance of approximately fifty five feet (55'), more or less, to the southeastern corner of lot number 15 248 12 15; thence in a westerly direction along the southern boundary of lot number 15 248 12 15 approximately one hundred forty feet (140'), more or less, to the southwestern corner of said lot; thence south along the eastern boundary of lot number 15 248 12 01, approximately eight feet (8'); more or less, to the southeastern corner of said lot; thence in a westerly direction, approximately ninety four feet (94'), more or less, along the southern boundary of lot number 15 248 12 01, as extended, to a point on the western right-of-way line of Dalerose Avenue (40' right-of-way); thence north along the western right-of-way line of Dalerose Avenue (40' right-of-way); a distance of approximately forty five feet (45'), more or less, to the southeastern corner of lot number 15 248 11 18; thence west along the southern boundaries of lot numbers 15 248 11 18 and 15 248 11 01, as extended, approximately two hundred and fifty-two feet (252'), more or less, to a point on the western right-of-way line of Hillmont Ave nue (40' right-of-way); thence north along the western right-of-way line of Hillmont Avenue (40' right-of-way), approximately forty two feet (42'), more or less, to the northeastern corner of lot number 15 248 07 17; thence, in a westerly direction along the northern boundary of said lot approximately one hundred feet (100'), more or less, to the northwestern corner of lot number 15 248 07 17; thence south along the western boundary of said lot approximately twenty three feet (23'), more or less, to a point perpendicular to the southern boundary of lot number 15 248 07 01; thence in a westerly direction, across the alley, along the southern boundary of lot number 15 248 07 01, as extended, approximately one hundred forty feet (140'), more or less, to the intersection of the western right-of-way line of Arcadia Avenue; thence north along the western right-of-way line of said Avenue, approximately one hundred twenty two feet (122'), more or less, to the intersection of the southern right-of-way line of East College Avenue; thence in a westerly direction, along the southern right-of-way line of East College Avenue, a distance of approximately one hundred feet (100'), more or less, to the intersection of the western boundary of Land Lot 248; thence north along said Land-Lot line, approximately eighty five feet (85'), more or less, to the intersection of the northerly right-of-way line of East Col lege Avenue and the southeastern corner of lot number 15 247 01; thence in a north, northeasterly direction along the east, southeastern property line of lot numbers 15 247 01 07 and 15 247 01 08 approximately sixty six feet (66'), more or less, to the eastern-most point of lot number 15 247 01 08; thence along the property line of lot numbers 15 247 01 08 and 15 247 01 07 in a north, northwestern direction, approxi mately one hundred twenty two feet (122'), more or less, to the intersection of the western boundary of Land Lot 248; thence north along the western boundary of Land Lot 248 approximately five hundred twenty feet (520'), more or less, to the in tersection of the northwestern right-of-way line of East Ponce de Leon Avenue; thence east-northeast, along the north-western right-of-way line, and following all irregularities thereof, of East Ponce de Leon Avenue, approximately one thousand, eighty five feet (1085'), more or less, to the intersection of the eastern property line of lot number 15 248 03 07, as extended in a straight line, across East Ponce de

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Leon Avenue; thence in a south, southeastern direction, along the eastern property line of lot number 15 248 03 07 approximately four hundred thirty feet (430'), more or less, to a point that intersects with the northern right-of-way line of the Georgia Railroad; thence in a southwesterly direction, along the northern right-of-way line of the Georgia Railroad a distance of twenty five feet (25'), more or less, to the point perpendicular to the western right-of-way line of Maple Street, if extended; thence south across the Georgia Railroad right-of-way and along the western right-of-way line of Maple Street and following all irregularities thereof, approximately eight hundred sixty five feet (865'), more or less, if extended, to the southern right-of-way line of East College Avenue (US Highway 278); thence east, along the southern right-of-way line of East College Avenue, a distance of four hundred and seventy five feet (475'), more or less, to an iron pipe and the northwest corner of lot number 15 248 16 36; thence south along the western boundary of said lot, a distance of two hundred thirty feet (230'), more or less, to the southwest corner of number 15 248 16 36; thence east along the southern boundary of said lot approximately three hundred seventy feet (370'), more or less, to the southeastern corner of lot number 15 248 16 36; thence south along the eastern boundary of lot number 15 248 16 16 approximately nine hundred and twelve feet (912"), more or less, to the intersection of lot numbers 15 248 17 29, 15 248 17 30, and 15 248 16 16, and the point of beginning.".
On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.
The substitute to the following bill was put upon its adoption:
*HB 723:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 723:
A BILL
To be entitled an Act to provide for the unification of the existing governments of the City of Waycross and Ware County; to provide for the creation of the unified government of Waycross-Ware County, Georgia; to provide for the status, boundaries, and powers of the unified government; to provide for the form of, administration of, and affairs of the unified government; to provide for officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for referendum elections with re spect to the effectiveness of the foregoing; to provide for effective dates; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The following provisions, exclusive of the complete table of contents and the interior ta bles of contents which are included solely as a convenience to the reader, shall constitute and may be referred to as the charter of the Unified Government of Waycross-Ware County, Georgia.
TABLE OF CONTENTS
ARTICLE I UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS
OF UNIFIED GOVERNMENT
Section 1-101. Unification of county and city;

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creation of unified government; name. Section 1-102. Boundaries. Section 1-103. Status of unified government.
as municipal corporation and county. Section 1-104. Powers of the unified government. Section 1-105. Taxing districts. Section 1-106. Construction.
AETICLE II LEGISLATIVE ARTICLE
Chapter 1-The Commission
Section 2-101. Name and composition. Section 2-102. Term of office; qualifications;
disqualifications. Section 2-103. Salary and expenses of the commission. Section 2-104. Organization; oath; rules; quorum;
meetings; records; mayor/chairperson pro tempore. Section 2-105. Powers of the commission. Section 2-106. Filling of vacancies.
Chapter 2~Legislative Procedure
Section 2-201. Legislation by ordinance. Section 2-202. Introduction, consideration, and passage
of ordinances and resolutions. Section 2-203. Emergency ordinances. Section 2-204. Submission of ordinances to
mayor/chairperson; veto. Section 2-205. Authentication; recording; effective date. Section 2-206. Codes of technical regulations. Section 2-207. Codification and printing of ordinances. Section 2-208. Prima-facie evidence.
Chapter 3~Ethics and Prohibited Practices
Section 2-301. Conflict of interest. Section 2-302. Disclosure. Section 2-303. Testimony of public officials relating
to public affairs. Section 2-304. Contracts voidable and rescindable. Section 2-305. Hearings and determinations; penalties
for violation.
ARTICLE III CHIEF ELECTED OFFICER
Section 3-101. Election; term. Section 3-102. Qualifications of office. Section 3-103. Compensation. Section 3-104. Powers and duties. Section 3-105. Voting. Section 3-106. Vacancy in office of
chief elected officer.

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ARTICLE IV ADMINISTRATION
Chapter l--Officers
Section 4-101. Manager; appointment; qualifications; compensation.
Section 4-102. Manager; powers and duties. Section 4-103, Attorney; appointment; term;
qualifications; duties; compensation. Section 4-104. Municipal judge; appointment; term;
duties; qualifications; compensation. Section 4-105. Sheriff. Section 4-106. Judge of the probate court. Section 4-107. Clerk of superior court. Section 4-108. Tax commissioner. Section 4-109. Coroner.
Chapter 2~Administrative and Service Departments
Section 4-201. Creation and functions; generally. Section 4-202. Administrative reorganization. Section 4-203. Appointment of directors of departments. Section 4-204. Departments under state or federal law.
Chapter 3~Merit System of Personnel Administration
Section 4-301. Establishment of merit system.
Chapter 4~Boards, Commissions, and Authorities
Section 4-401. Certain boards, commissions, and authorities continued.
ARTICLE V JUDICIARY
Section 5-101. Superior court and district attorney; unaffected by charter; redesignation.
Section 5-102. State court and solicitor-general; unaffected by charter; redesignation.
Section 5-103. Juvenile court; unaffected by charter; redesignation.
Section 5-104. Probate court; unaffected by charter; redesignation.
Section 5-105. Magistrate court; unaffected by charter; redesignation.
Section 5-106. Municipal Court of the City of Waycross; continuation of operations in the court of the unified government.
ARTICLE VI ELECTIONS
Chapter l~Conduct of Elections
Section 6-101. Applicability of general laws. Section 6-102. Regular election; time for holding;
voting; districts.

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Section 6-103. Special elections.
Chapter 2-Election Districts; Reapportionment
Section 6-201. Reapportionment of election districts.
ARTICLE VII REVENUE AND FINANCE
Chapter l~Taxation and Other Revenues
Section 7-101. Levy and collection of taxes, fees, charges, and assessments; appropriations.
Section 7-102. Collection of delinquent taxes and fees. Section 7-103. Homestead exemptions. Section 7-104. Tax and services districts;
taxation therein.
Chapter 2~Borrowing and Indebtedness
Section 7-201. Issuance of general obligation bonds. Section 7-202. Debt limitation; general obligation bonds. Section 7-203. Revenue bonds. Section 7-204. Use of bond proceeds. Section 7-205. Allocation of indebtedness.
Chapter 3~Financing of Services
Section 7-301. General and urban services districts. Section 7-302. Creation of services districts
by ordinance. Section 7-303. Requirements for defining boundaries. Section 7-304. Notice of hearing prior to adoption of
ordinance.
Chapter 4-Financial Administration
Section 7-401. Fiscal year. Section 7-402. Preparation of budgets. Section 7-403. Scope of budgets. Section 7-404. Submission of budgets to the commission. Section 7-405. Adoption of budgets. Section 7-406. Property tax levies. Section 7-407. Limitation of funds. Section 7-408. Transfer of funds. Section 7-409. Lapse of appropriations. Section 7-410. Continuing audit.
Chapter 5-Procurement and Disposition of Property
Section 7-501. Contracting procedures. Section 7-502. Sale and disposition of property.
ARTICLE VIII GENERAL PROVISIONS
Section 8-101. Application of laws; laws in force. Section 8-102. Limitation on claims and service. Section 8-103. Tort and nuisance liability. Section 8-104. Conflict of laws. Section 8-105. Competitive bidding.

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Section 8-106. Execution of assessments. Section 8-107. Authority to deal with federal
and state agencies. Section 8-108. Federal and state aid. Section 8-109. Budgets of county officers and agencies. Section 8-110. Existing pension rights protected. Section 8-111. Establishment of new pension systems;
merging of existing systems. Section 8-112. Amending charter. Section 8-113. Fidelity bonds. Section 8-114. Examples of powers. Section 8-115. Provision of services. Section 8-116. The overview commission. Section 8-117. Historic items. Section 8-118. Section captions. Section 8-119. Effect of repeals.
ARTICLE IX TRANSITION PROVISIONS
Section 9-101. Provision of services during transition. Section 9-102. Protection and compensation of
existing employees. Section 9-103. Effective date of charter. Section 9-104. Initial budgets. Section 9-105. Number of employees. Section 9-106. Cooperation of former governments. Section 9-107. Existing ordinances and resolutions
continued in effect. Section 9-108. Contracts and obligations. Section 9-109. Dissolution of existing governments. Section 9-110. Transfer of records and equipment. Section 9-111. Officers serve until successors qualify. Section 9-112. Referenda on the charter. Section 9-113. Effective dates. Section 9-114. Repealer.
APPENDIXES
Appendix A~Transition Schedule and Plan.
Appendix B--Reapportionment Districts: Operator: local Client: ware Plan: waresblp
ARTICLE I UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS
OF UNIFIED GOVERNMENT
Section 1-101. Unification of county and city; creation of unified government; name.
Section 1-102. Boundaries. Section 1-103. Status of unified government
as municipal corporation and county. Section 1-104. Powers of the unified government. Section 1-105. Taxing districts.

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Section 1-106. Construction.
ARTICLE I UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS
OF UNIFIED GOVERNMENT
SECTION 1-101. Unification of county and city; creation
of unified government; name.
(a) The governmental and corporate powers, duties, and functions now vested in the governing authority of the City of Waycross, a municipal corporation created by an Act of the General Assembly of Georgia, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act revising and restating the charter of the City of Waycross approved April 13, 1989 (Ga. L. 1989, p. 4916), are unified with the governmental and corporate powers, duties, and functions of Ware County. This unification shall re sult in the creation and establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Ware County, which single govern ment shall supersede and replace the governments of the City of Waycross and Ware County. Said county-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the state, to be known as the "Unified Govern ment of Waycross-Ware County, Georgia," (at times in this charter called the unified government or commission) having all the governmental and corporate powers, duties, and functions heretofore held by and vested in the City of Waycross and Ware County and also the powers, duties, and functions provided in this charter. The unified govern ment shall be a public corporation; shall have perpetual existence; shall adopt a common seal; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all the properties of whatsoever kind or nature, as sets, contracts, franchises, things, rights, privileges, immunities, and real and personal property theretofore owned, possessed, enjoyed, or held by the City of Waycross or Ware County; and by the name of Waycross-Ware County, Georgia, shall be capable of bring ing and defending actions when authorized by this charter and by the Constitution and laws of the State of Georgia. From and after January 1, 2001, the political subdivision known as Ware County, Georgia, and the municipal corporation known as the City of Waycross, Georgia, shall be unified into the said new political entity created pursuant to this charter.
(b) The unified government shall encourage the meaningful involvement in its opera tions of all citizens of Waycross-Ware County, particularly those who are members of mi nority or other traditionally disadvantaged groups, as appointees, employees, and inde pendent contractors. No individual shall be denied any opportunity on the basis of race, gender, religion, age, handicap, or national origin.
(c) The unification of the governments of the City of Waycross and Ware County is au thorized pursuant to the provisions of Article IX, Section III, Paragraph II(a) of the Con stitution of Georgia of 1983, as amended.
SECTION 1-102. Boundaries.
The unified government shall embrace the total area included within the existing terri torial limits of Ware County as such limits are fixed and established on January 1, 2001. However, such limits may be altered and changed from time to time as provided by the Constitution and laws of the State of Georgia pertaining to counties.
SECTION 1-103.

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Status of unified government as municipal corporation and county.
The unified government shall be deemed to be both a municipal corporation and a county throughout the total territory of said government. It is the express intention of this section to declare as a city and as a part of the unified government all of the area of Ware County.
SECTION 1-104. Powers of the unified government.
(a) The Unified Government of Waycross-Ware County, Georgia, shall have all powers of self-government authorized by the Constitution and not otherwise prohibited by the laws of Georgia.
(b) In addition to the foregoing, the unified government shall have and be vested with, to the same extent as if repeated in this charter, all rights, powers, duties, privileges, and authority that the mayor and Commission of the City of Waycross or the chairman and the Commission of Ware County, or both, have under the Constitution and general and local laws of the State of Georgia at the time of adoption of this charter, except as expressly modified in this charter. This authority shall include but shall not be limited to the authority to adopt home rule ordinances and resolutions as provided in Article IX, Section II of the Constitution of the State of Georgia.
(c) In addition to the foregoing, the unified government shall have all rights, powers, du ties, privileges, and authority conferred or enlarged in this charter, and such other rights, powers, duties, privileges, and authority as may be necessary and proper for car rying the same into execution and also all rights, powers, duties, privileges, and author ity, whether express or implied, that may be now vested in or hereafter granted to coun ties or municipal corporations, or both, by the Constitution and laws of the State of Georgia, including the powers vested in the unified government by this charter.
(d) The unified government, in addition to the rights, duties, powers, privileges, and au thority expressly conferred upon it by this charter, shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of said government and its inhabitants and to exer cise all implied powers necessary to carry into execution all powers granted in this char ter as fully and completely as if such powers were fully enumerated in this charter and to do and perform all of the acts pertaining to its property, affairs, and local government which are necessary or proper in the legitimate exercise of its corporate powers and gov ernmental duties and functions.
(e) No enumeration of any right, power, privilege, or authority in this charter made shall be construed as limiting or abolishing any right, power, privilege, or authority set forth in this section.
(f) In addition to and supplementary to all other powers which it may possess, and by way of illustration and not of limitation, the unified government shall have the powers specifically enumerated in Section 8-114 of this charter.
SECTION 1-10S. Taxing districts.
(a) The unified government shall divide the county into two or more taxing districts (at times in this charter called services districts); provided, however, at least one of such districts shall be known as the general services district. The general services district

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shall consist of the total area of Ware County. In addition, the commission shall estab lish at least one or more urban services districts which shall embrace such territory or territories for which provision is made by the commission for additional or higher levels of services than are provided uniformly throughout the territory of the unified govern ment. Special services districts, which are those wherein specific services are provided to specific areas outside an urban services district, may also be created as provided in this charter.
(b) Taxes shall be assessed, levied, and collected in accordance with the kind, character, type, degree, and level of services provided by the government within said services dis tricts, and the rate and manner of taxation may vary in any one district from that in an other or other districts.
(c) The unified government may also establish special services districts which shall em brace such territory or territories for which provision is made by the commission for ad ditional or higher levels of services provided by the unified government.
(d) In the establishment of the first urban services district or districts, the commission shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in the official legal organ of Waycross-Ware County at least once a week during the two weeks immediately preceding the date of hearing.
(e) In the establishment of special services districts, the commission shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in the official legal organ of Waycross-Ware County at least once a week dur ing the two weeks immediately preceding the date of hearing.
(f) The unified government is empowered to exercise and provide within the general ser vices district and within any urban and special services district established by this char ter or by ordinance of the commission those powers, functions, and services which have theretofore been exercised and provided by Ware County or the City of Waycross, or both; all powers, functions, and services authorized by this charter and any amendments thereto; and all powers, functions, and services which counties or municipal corpora tions, or both, are now or are hereafter authorized to exercise under the Constitution and laws of the State of Georgia.
(g) The unified government shall perform within the general services district those gov ernmental duties, functions, and services which are generally available and accessible to all residents throughout the total area of said government.
(h) The unified government shall perform within its urban services districts those addi tional, more comprehensive, intensive, and higher levels of governmental duties, func tions, and services which benefit primarily the residents of such urban services districts.
(i) The unified government shall perform within its special services districts those addi tionally selected, more comprehensive, intensive, and higher levels of governmental du ties, functions, and services which benefit primarily the residents of such special services districts.
(j) Except as otherwise provided by this charter, urban and special services districts of the unified government shall be created, expanded, merged, consolidated, or reduced only by an ordinance duly adopted by the commission under such general rules, proce dures, regulations, requirements, and specifications as established by the commission; provided, however, no new urban or special services district shall be created or existing

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urban or special services district expanded, abolished, merged, consolidated, or reduced without providing an opportunity for interested persons to be heard by publishing a no tice of a public hearing on the proposed expansion, consolidation, reduction, or creation of an urban or special services district in the official legal organ of Waycross-Ware County, Georgia, at least once a week during the two weeks immediately preceding the date of hearing. Such rules and regulations shall set forth the manner and method for the creation of new urban and special services districts; the expansion, consolidation, re duction, or merger of existing urban or special services districts; requirements for defin ing functions and policies for rendering services; changes in levels of services within ex isting services districts; the transfer of territory from one services district to another; requirements for defining boundaries of services districts; procedures for the expansion, reduction, or consolidation of existing services districts; and requirements for defining boundaries of services districts.
(k) The unified government is empowered to create new services and eliminate existing services by the same procedures and methods set forth in this section.
(1) Citizens of any area in the county may request additional services by petitioning the unified government according to the rules, procedures, and guidelines established by the unified government. The unified government will hold public hearings as outlined in the services district modification procedure set forth in this section and will consider all comments received prior to reaching a final decision.
SECTION 1-106. Construction.
The powers of the unified government shall be construed liberally in favor of the unified government. The specific mention or failure to mention particular powers in this char ter shall not be construed as limiting in any way the general powers of the unified gov ernment as provided in this article. It is the intention of this charter to grant to the unified government full power and right to exercise all governmental authority author ized by the Constitution and laws of Georgia which is necessary for the effective opera tion and conduct of the unified government within its territory and for the conduct of all of its affairs.
ARTICLE II LEGISLATIVE ARTICLE
Chapter l~The commission
Section 2-101. Name and composition. Section 2-102. Term of office; qualifications;
disqualifications. Section 2-103. Salary and expenses of the commission. Section 2-104. Organization; oath; rules; quorum;
meetings; records; mayor/chairperson pro tempore. Section 2-105. Powers of the commission. Section 2-106. Filling of vacancies.
Chapter 2~Legislative Procedure
Section 2-201. Legislation by ordinance. Section 2-202. Introduction, consideration, and passage
of ordinances and resolutions. Section 2-203. Emergency ordinances.

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Section 2-204. Submission of ordinances to mayor/chairperson; veto.
Section 2-205. Authentication; recording; effective date.
Section 2-206. Codes of technical regulations. Section 2-207. Codification and printing of ordinances. Section 2-208. Prima-facie evidence.
Chapter 3-Ethics and Prohibited Practices
Section 2-301. Conflict of interest. Section 2-302. Disclosure. Section 2-303. Testimony of public officials
relating to public affairs. Section 2-304. Contracts voidable and rescindable. Section 2-305. Hearings and determinations;
penalties for violation.
ARTICLE II LEGISLATIVE ARTICLE CHAPTER 1 - The commission
SECTION 2-101. Name and composition.
There is created the "Commission of Waycross-Ware County, Georgia." Membership on the commission is a part-time position. The commission shall consist of seven members elected from districts as provided in Section 6-102 of this charter, and the mayor/ chairperson elected at large as provided in Article III of this charter.
SECTION 2-102. Term of office; qualifications; disqualifications.
(a) The term of office of all members of the commission shall be four years with mem bers serving staggered terms and until their successors are elected and qualified, except that a commissioner appointed to fill a vacancy shall serve only for the balance of the unexpired term as provided in Section 2-106 of this charter. All terms of office following the initial terms shall commence at the first regular meeting in January next following the election.
(b) No person shall be eligible for election or appointment to the commission unless such person, on or before the date of election or appointment, shall:
(1) Have attained the age of 21 years, except as otherwise provided under para graph (1) of Code Section 45-2-1 of the O.C.G.A.;
(2) Be a qualified voter of the unified government; and
(3) Have resided within the county for one year and within the territorial limits of the district from which elected on the date of qualifying for election.
A member of the commission shall continue to reside within the district from which elected during such member's term of office.
(c) No member of the commission, during that member's term of office, shall hold any other federal, state, or local government elective office or be employed full time by the Unified Government of Waycross-Ware County, Georgia.
SECTION 2-103. Salary and expenses of the commission.

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(a) The salary of each commissioner shall be $6,000.00 per year, payable in equal monthly installments.
(b) In addition to the salary, commissioners shall be reimbursed for all direct expenses incurred in carrying out the duties and responsibilities of the unified government.
(c) The salary and expenses of members of the commission may be changed by ordi nance, subject to the conditions and requirements of Code Section 36-35-4 of the O.C.G.A.
SECTION 2-104. Organization; oath; rules; quorum; meetings; records;
mayor/chairperson pro tempore.
(a) The commission shall meet for organization and swearing-in purposes on January 1 next following its election or as soon thereafter as practicable. At this meeting, the newly elected or reelected commissioners shall each take the following oath of office, to be administered by the judge of the probate court:
"I do solemnly swear (or affirm) that I will well and truly perform the duties of com missioner of the Unified Government of Waycross-Ware County, Georgia, and that I will support and defend the charter thereof, as well as the Constitution and laws of the State of Georgia and of the United States of America, so help me God."
(b) The commission, by majority vote, shall adopt rules of procedure governing the transaction of its business consistent with the provisions of this charter; shall adopt by ordinance the time, date, and place for regular meetings, which will be held at least twice each month; and shall provide for keeping minutes of its proceedings by the man ager as provided in Section 4-102 of this charter.
(c) At its first organization meeting, the commission shall select the date when it will hold its regular monthly meetings.
(d) Five of the seven members of the commission shall constitute a quorum for the transaction of business; however, a smaller number may adjourn from time to time.
(e) Special meetings of the commission may be called by the mayor/chairperson or by any five commissioners upon no less than 24 hours written notice to each member served personally or left at the usual place of business or residence of such member. Such notice of a special meeting may be waived in writing either before or after the meeting. Subject to subsection (d) of Code Section 50-14-1 of the O.C.G.A., special meet ings may be held at any time without notice to all commissioners, upon attendance at such meeting by all members of the commission or by waiver of notice of those not in attendance.
(f) All meetings of the commission, except for those exceptions provided for in general law, shall be public and any citizen shall have access to the minutes and records thereof at reasonable times.
(g) At its first meeting in January of each year, a chief elected officer pro tempore known as the mayor/chairperson pro tempore shall be elected by and from the member ship of the commission to serve for a term of one year. Such an election shall take place at the first regular meeting of the commission each year and whenever necessary to fill a vacancy in the office. A commissioner elected to fill a vacancy shall only serve as such until an election for a new mayor/chairperson pro tempore is held the following year.

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(h) In the absence of the mayor/chairperson for any cause, the mayor/chairperson pro tempore shall preside over meetings and discharge the duties of the mayor/chairperson until either the return of the mayor/chairperson or the election of a new mayor/chairper son. While serving as the mayor/chairperson, the mayor/chairperson pro tempore shall have the same powers as a mayor/chairperson and not those of a commissioner.
SECTION 2-105. Powers of the commission.
(a) All legislative powers of the unified government of Waycross-Ware County, Georgia, including any such powers which may hereafter be conferred by law upon said govern ment, shall be vested exclusively in and exercised by the commission in accordance with the provisions of this charter.
(b) In addition to its legislative powers, the commission shall specifically have the power to:
(1) Adopt and from time to time amend the budgets;
(2) Approve or reject recommendations concerning the appointments of the man ager, attorney, and municipal judge;
(3) Remove from office the manager, attorney, and municipal judge by majority vote of the entire commission; and
(4) Override the mayor/chairperson's veto with the affirmative vote of five commissioners.
(c) In the exercise of its powers, the commission shall adopt and provide for the execu tion of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this charter and for the promotion and protection of the safety, health, peace, security, and general welfare of the inhabitants of the unified government and may enforce such ordinances, resolutions, rules, and regulations by imposing penalties for violations thereof, as prescribed by ordinance, by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding six months, or both.
(d) Except as otherwise provided by the Constitution, general or local law, or this char ter, the commission may by ordinance create, change, alter, combine, abolish, unify, con solidate, and redefine the manner of appointment, membership, powers, and duties of bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies of the unified government, including positions of public employment, and may transfer and delete functions and assign additional functions to any bureaus, offices, agencies, departments, divisions, boards, authorities, commissions, and positions of public employ ment existing under this charter. The commission may by ordinance transfer all the as sets, liabilities, and obligations thereof to a department, a division, or other unit of a de partment of the unified government, which shall have the power, and its duty shall be, to perform and exercise all the functions and powers theretofore performed and exer cised by such board, commission, authority, division, agency, bureau, office, department, or position of public employment.
(e) Subsection (d) of this section does not apply to any authorities or boards which were created by either a local constitutional amendment or by a local Act of the General Assembly.
(f) The commission shall have the power to conduct or cause to be conducted inquiries and investigations of the operations of any office, department, or agency or the conduct of any officer or employee thereof administering the affairs of the unified government.

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In conducting inquiries and investigations, the commission shall have the right to ad minister oaths; subpoena witnesses, documents, records, or other evidence; take testi mony; and require the production of evidence. The conduct of proceedings at commission inquiries and investigations shall be subject to such rules and regulations as the com mission may prescribe by general ordinance.
(g) The commission shall provide for the form of oaths and the amount and condition of surety bonds as may be required of any officer or employee of the unified government.
(h) The commission shall have and exercise such other powers as conferred upon it by this charter and the laws of Georgia.
SECTION 2-106. Filling of vacancies.
(a) In the event that the office of a member of the commission shall become vacant by reason of death, resignation, or any other cause and the term shall expire in less than 180 days, the vacant position shall be filled by appointment of the remaining members of the commission. Any individual so appointed must have the same qualifications re quired for election to the office.
(b) If the term of the vacant commission position will continue for more than 180 days, a special election shall be held as provided in this charter and in general state law to elect a new member of the commission to serve for the remainder of the term.
CHAPTER 2 - Legislative Procedure
SECTION 2-201. Legislation by ordinance.
Every official act of the commission which is to have the force and effect of law shall be by ordinance and shall begin with the words: "The Commission of Waycross-Ware County, Georgia, hereby ordains...." All other acts of the commission shall be by resolu tion or shall take such other form as prescribed by its rules.
SECTION 2-202. Introduction, consideration, and passage of
ordinances and resolutions.
(a) Every proposed ordinance and every amendment shall contain not more than one subject which shall be clearly expressed in its title.
(b) Every proposed ordinance and every amendment shall be introduced in writing.
(c) Prior to the introduction of any ordinance, copies of it shall be prepared by the man ager and distributed to each member of the commission and to the attorney. It shall be the duty of the attorney to review the draftsmanship and impact of each ordinance.
(d) A summary of every proposed ordinance shall be read upon first introduction and by title at the next regular meeting not less than seven days following the meeting of its in troduction. In no event however, except for emergency ordinances, may any ordinance be voted on in less than seven days after it is introduced.
(e) The adoption of any ordinance shall be by the affirmative vote of at least four of the seven commissioners.
(f) The passage of all ordinances shall be contingent upon the recording of the "ayes" and "nays" of each commissioner, and the names of the commissioners voting for and against each proposed ordinance or amendment, those abstaining, and those absent shall be entered upon the minutes of the proceedings of the commission.

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SECTION 2-203. Emergency ordinances.
To meet a public emergency threatening life, health, property, or public safety, the com mission may adopt emergency ordinances; provided, however, that such ordinances may not be enacted to levy taxes; to grant, renew, or extend a franchise; to regulate the rate charged for any public utility or service; or to authorize the borrowing of money unless it shall be repaid in 30 days or less. An emergency ordinance shall be in the form pre scribed for ordinances generally, except that it shall be plainly designated as an emer gency ordinance and shall contain a declaration stating what emergency exists. An emergency ordinance may be adopted with or without amendment or it may be rejected at the meeting at which it is introduced, but the affirmative vote of at least five of the seven members of the commission shall be required for adoption. An emergency ordi nance shall become effective upon adoption or at such later time as it may specify.
SECTION 2-204. Submission of ordinances to mayor/chairperson; veto.
Every ordinance or resolution adopted by the commission shall be certified by the man ager and presented to the mayor/chairperson within two business days following its adoption. The mayor/chairperson shall approve or veto the ordinance or resolution within ten business days after adoption, and no ordinance or resolution shall become ef fective without his or her approval except as provided in this section. If the mayor/ chairperson vetoes an ordinance or resolution, he or she shall within two business days following such veto return the ordinance or resolution to the manager with a written statement of the reasons for the veto. The manager shall record the date of the receipt of the vetoed ordinance or resolution and thereupon shall notify the commission mem bers of such veto. If the commission shall pass the ordinance or resolution by a vote of five of the seven members at the meeting next held after the ordinance or resolution has been returned with the mayor/chairperson's veto, it shall become law without his or her approval. In the event the mayor/chairperson does not approve or veto the ordinance or resolution within the time required, it shall become law without his or her approval.
SECTION 2-205. Authentication; recording; effective date.
All ordinances which have become law shall immediately be deposited in the official archives of the manager. The manager shall note on the face of the ordinance the date and time it has become law and the ordinance shall become effective at noon on the day following its becoming law or at such later time as it may specify. The manager shall authenticate by his or her signature each ordinance which has become law.
SECTION 2-206. Codes of technical regulations.
(a) The commission may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (c) of Section 2-202 of this charter for distribu tion of copies of the ordinance to each commissioner and to the attorney shall be construed to include copies of the code of technical regulations which shall be main tained in the manager's office, as well as the adopting ordinance; and

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(2) A copy of each adopted code of technical regulations, as well as the adopting or dinance, shall be authenticated and recorded by the manager as provided in Section 2-205 of this charter.
(b) Copies of any adopted code of technical regulations shall be made available by the manager for public inspection and for purchase at a reasonable price as fixed by the commission.
SECTION 2-207. Codification and printing of ordinances.
(a) The commission shall, on or by January 1, 2003, provide for the preparation of a general codification of all ordinances of a general or permanent nature. Such code shall be adopted by the commission by ordinance and shall be published promptly, together with all amendments thereto, this charter, any amendments hereto, and such codes of technical regulations and other rules and regulations as the commission may specify. This compilation shall be known and cited officially as the "Code of Waycross-Ware County, Georgia." As determined by the commission, copies of the code shall be fur nished to officers, departments, and agencies of the unified government; placed in librar ies and public offices for public reference; and made available for purchase by the public at a reasonable price.
(b) Following publication of the first Code of Waycross-Ware County, Georgia, and from time to time thereafter, the ordinances and charter amendments shall be printed in sub stantially the same style as the code then in effect and shall be suitable in form for inte gration in such code.
SECTION 2-208. Prima-facie evidence.
A record or entry made by the manager or a copy of such record or entry, duly certified by the manager, shall be prima-facie evidence of the terms of every ordinance and its due publication.
CHAPTER 3 - Ethics and Prohibited Practices
SECTION 2-301. Conflict of interest.
No elected official, appointed officer, or employee of Waycross-Ware County, Georgia, or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction in which the person has a financial inter est which is incompatible with the proper discharge of official duties;
(2) Disclose confidential information concerning the property, government, or affairs of the governmental body by which such person is engaged or is a member of with out proper legal authorization or use that information to advance the financial or other private interest of such person or others;
(3) Accept any gift that has a value of $100.00 or more from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body he or she is a member of or by which such person is engaged; provided, however, that an elected official who is a candi date for public office may accept campaign contributions and services in connection with any campaign;
(4) Represent private interests other than his or her own in any action or proceed ing against Waycross-Ware County, Georgia, or any portion of its government; or

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(5) Vote or otherwise actively participate in the negotiation or the making of any contract between Waycross-Ware County, Georgia, and any business or entity in which he or she has a financial interest.
SECTION 2-302. Disclosure.
Any elected official, appointed officer, or employee of the unified government or of any board, commission, authority, or agency thereof who shall have any private financial in terest, direct or indirect, in any contract or matter pending before or within any depart ment of the unified government shall disclose such private interest to the commission. Any commissioner who has a private interest in any matter pending before the commis sion shall disclose such private interest and such disclosure shall be entered on the records of the commission, and he or she shall disqualify himself or herself from partici pating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any board, commission, authority, or agency of the unified government who shall have any private financial interest, direct or indirect, in any contract or matter pending before or within such entity shall disclose such private interest to the commission.
SECTION 2-303. Testimony of public officials relating to public
affairs.
Any officer or employee of the unified government or of any board, commission, author ity, or agency thereof who is duly and properly called as a witness before any unified government, state, or federal judicial or administrative tribunal and who shall before such tribunal fail to answer any proper question concerning the performance of his or her official duties shall be guilty of a violation of this charter.
SECTION 2-304. Contracts voidable and rescindable.
Any contract between the unified government or any board, commission, authority, agency, or entity thereof made in violation of the provisions of this charter shall be void able or rescindable at the option of the commission at any time if any elected official, ap pointed officer, or employee of such unified government or board, commission, authority, or agency thereof has any interest in such contract and does not disclose such interest in accordance with Section 2-302 of this charter.
SECTION 2-305. Hearings and determinations; penalties for violation.
(a) Upon the sworn complaint of any person alleging facts which if true would constitute a violation of this charter, the commission may conduct a public hearing at which the accused shall be given an opportunity to be heard, either personally or through counsel. At the conclusion of such hearing, the commission shall, in written findings of fact and conclusions based thereon, make a determination concerning the propriety of the conduct of the official or employee in question.
(b) Any officer or employee of the unified government or of any board, commission, au thority, or agency thereof who is found to have knowingly concealed his or her personal financial interest or who is found to have knowingly violated any of the requirements of this charter shall be deemed guilty of malfeasance in office or position. If such decision is upheld after all reviews and appeals provided by the merit system of the unified gov-

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eminent have been exhausted, the officer or employee shall be subject to such punish ment as may be deemed appropriate by the commission and which may include forfei ture of office or position.
(c) Any officer or employee of the unified government or of any board, commission, au thority, or agency thereof who shall forfeit his or her office or position as described in subsection (b) of this section shall be ineligible for appointment or election to or employ ment in a position in the unified government or of any board, commission, authority, or agency thereof for a period of three years thereafter.
ARTICLE III CHIEF ELECTED OFFICER
Section 3-101. Election; term. Section 3-102. Qualifications of office. Section 3-103. Compensation. Section 3-104. Powers and duties. Section 3-105. Voting. Section 3-106. Vacancy in office of
chief elected officer.
ARTICLE III CHIEF ELECTED OFFICER
SECTION 3-101. Election; term.
There is created the office of chief elected officer of Waycross-Ware County, Georgia (re ferred to at times in this charter as the mayor/chairperson). The mayor/chairperson shall be elected from the unified government at large and shall serve part time for a term of four years and until a successor is elected and qualified. Any mayor/chairperson who has been elected for two full consecutive four-year terms of office under the provi sions of this charter shall not be eligible to be elected for the succeeding term.
SECTION 3-102. Qualifications of office.
(a) To be eligible for election as mayor/chairperson, a person on the date of election must:
(1) Have attained the age of 21 years except as otherwise provided in paragraph (1) of Code Section 45-2-1 of the O.C.G.A.;
(2) Have resided in the territory of the unified government for at least one year im mediately preceding the date of election and must continue such residence therein during the term of office;
(3) Be a registered voter of the unified government; and
(4) Meet any other requirements as established by law.
(b) No person elected as mayor/chairperson shall, during that person's term of office, hold any other federal, state, or local government office or be employed full time by the Unified Government of Waycross-Ware County, Georgia.
SECTION 3-103. Compensation.
(a) The mayor/chairperson shall receive as compensation for the services of this office an annual salary of $12,000.00, payable in equal monthly installments.

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(b) In addition to the salary, the mayor/chairperson shall be reimbursed for all direct ex penses incurred in carrying out the duties and responsibilities of the unified government.
(c) The salary and expenses of the mayor/chairperson may be changed by ordinance, subject to the conditions and requirements of Code Section 36-35-4 of the O.C.G.A.
SECTION 3-104. Powers and duties.
The mayor/chairperson shall have the powers and duties to:
(1) Serve as the official representative of the unified government, including serving as the unified government's representative to federal, state, and local governmental bodies and officials;
(2) Initiate the process, with the involvement of commission members and appropri ate staff, to search and screen candidates for the positions of manager, attorney, and municipal judge and to recommend candidates for these positions to the commission, appointment of which requires concurrence of a majority of the entire commission;
(3) Set the agenda, after receiving input from members of the commission, the man ager, and the public, for meetings of the commission;
(4) Preside over meetings of the commission;
(5) Present the annual operating expenses budget and the capital improvements budget, which have been prepared by the manager with the assistance of all depart ment and agency heads and all others who supervise the implementation of a budget that uses funds of the unified government for approval by the mayor/ chairperson, to the commission for approval;
(6) Approve or veto proposed ordinances or resolutions as provided by this charter;
(7) Call special meetings of the commission as provided by this charter and by rules of the commission;
(8) Execute all deeds, contracts, and obligations of the unified government, provided such execution shall be attested to by the manager;
(9) Recommend to the commission the adoption of such measures as deemed neces sary or expedient; and
(10) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter.
SECTION 3-105. Voting.
The mayor/chairperson shall not be authorized to vote on any matter before the commis sion except in the case of ties.
SECTION 3-106. Vacancy in office of chief elected officer.
In the event that the office of mayor/chairperson shall become vacant by reason of death, resignation, or any other cause, the vacancy shall be filled by the mayor/chairperson pro tempore who shall serve as mayor/chairperson with all powers of the mayor/chairperson until a new mayor/chairperson is selected as provided below:

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(1) If the term of the mayor/chairperson will expire in less than 180 days, the mayor/chairperson pro tempore shall serve as the mayor/chairperson until the next general election when a new mayor/chairperson will be elected; or
(2) If the term of the mayor/chairperson will continue for more than 180 days, a special election shall be held as provided in general law to elect a new mayor/ chairperson for the remainder of the vacant mayor/chairperson's term.
ARTICLE IV ADMINISTRATION
Chapter 1--Officers
Section 4-101. Manager; appointment; qualifications; compensation.
Section 4-102. Manager; powers and duties. Section 4-103. Attorney; appointment; term;
qualifications; duties; compensation. Section 4-104. Municipal judge; appointment; term;
duties; qualifications; compensation. Section 4-105. Sheriff. Section 4-106. Judge of the probate court. Section 4-107. Clerk of superior court. Section 4-108. Tax commissioner. Section 4-109. Coroner.
Chapter 2--Administrative and Service Departments
Section 4-201. Creation and functions; generally. Section 4-202. Administrative reorganization. Section 4-203. Appointment of directors of departments. Section 4-204. Departments under state or federal law.
Chapter 3--Merit System of Personnel Administration
Section 4-301. Establishment of merit system.
Chapter 4~Boards, commissions, and Authorities
Section 4-401. Certain boards, commissions, and authorities continued.
ARTICLE IV ADMINISTRATION
CHAPTER 1 - Officers
SECTION 4-101. Manager; appointment; qualifications; compensation.
The mayor/chairperson shall recommend candidates to the commission for the office of manager who shall be the full-time administrative officer of the unified government. No person holding an elective office in Waycross-Ware County shall be eligible for appoint ment until two years after leaving elective office. Such recommendations shall become effective when confirmed by a majority vote of the total membership of the commission. The manager shall be prohibited from engaging in any political activity, and the man ager shall not be eligible to qualify as a candidate for an elective office in Waycross-Ware County for one year after leaving office. The manager shall be appointed by a majority vote of the entire commission for a term of one year; may succeed himself or herself; and at any time may be removed from office by a majority vote of the entire commission.

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The manager need not be a resident of the unified government at the time of his or her appointment but shall establish residence therein within six months of such appoint ment and continue to reside therein throughout such appointment. The qualifications and compensation of the manager shall be fixed by ordinance.
SECTION 4-102. Manager; powers and duties.
(a) The manager shall be responsible for:
(1) The management and coordination of the operations and activities of the various departments and agencies of the unified government;
(2) The appointment and removal of department heads;
(3) The preparation of the proposed annual operating expenses budget and the capi tal improvements budget with the assistance of all department heads for approval by the mayor/chairperson;
(4) Keeping the commission at all times fully advised as to the financial condition and needs of the unified government;
(5) Conducting studies and investigations and making reports thereon to the com mission concerning the operations of the departments, offices, and agencies of the unified government;
(6) Requiring any department, board, commission, or agency under the manager's jurisdiction to submit written reports and to provide other information as deemed necessary;
(7) Prescribing, requiring, publishing, and implementing standards of administra tive, management, and operating practices and procedures to be followed and ad hered to by all offices, departments, boards, commissions, authorities, and other agencies of the unified government which are subject to the manager's supervision and jurisdiction; and
(8) Maintaining all required records of the operations and activities of WaycrossWare County, including the minutes of all meetings of the Waycross-Ware County Commission.
(b) Except for the purpose of inquiry and investigation, the mayor/chairperson and com mission shall deal with employees of the unified government who are subject to appoint ment and removal by the manager solely through the manager and shall not give orders or directions to any such employee, either publicly or privately or directly or indirectly.
SECTION 4-103. Attorney; appointment; term; qualifications;
duties; compensation.
(a) The mayor/chairperson shall make recommendations to the commission for the attor ney of the unified government. The attorney shall be appointed by a majority vote of the entire commission for a term of one year; may succeed himself or herself; and at any time may be removed by a majority vote of the entire commission.
(b) The attorney shall be an active member of the State Bar of Georgia in good standing and shall satisfy any other qualifications established by ordinance.
(c) The attorney shall be the legal counsel to the unified government and shall perform such other duties as may be required by this charter or by ordinance.
(d) The compensation of the attorney shall be as prescribed by a duly adopted ordinance.

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SECTION 4-104. Municipal judge; appointment; term; duties;
qualifications; compensation.
(a) The mayor/chairperson shall recommend candidates to the commission for the office of municipal judge of the unified government. The recommendations shall become effec tive when confirmed by a majority vote of the total membership of the commission. The municipal judge shall serve at the pleasure of the commission and may be removed from office by a majority vote of the total membership of the commission.
(b) The qualifications, duties, and compensation of the municipal judge shall be as pre scribed in a duly adopted ordinance.
SECTION 4-105. Sheriff.
The sheriff of Ware County in office on January 1, 2001, shall be the sheriff of WaycrossWare County, Georgia. The sheriff shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for sheriff shall be on the same basis as provided by law for the election of sheriffs generally. The sheriff shall be the chief law enforcement officer with constitutional and statutory du ties throughout Waycross-Ware County. The sheriff shall also be responsible for the op eration of the jail, the transport of prisoners, the service of process, and such other du ties being provided on January 1, 2001. The sheriff shall have such other or different powers and duties as provided by the Constitution and laws of Georgia.
SECTION 4-106. Judge of the probate court.
The judge of the Probate Court of Ware County in office on January 1, 2001, shall be the judge of the Probate Court of Waycross-Ware County, Georgia. The judge of the Probate Court of Waycross-Ware County shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the judge of the probate court shall be on the same basis as provided by law for the election of probate judges generally. The judge of the probate court shall perform the same duties and exercise the same powers as conferred on probate judges generally by the Constitu tion and laws of Georgia.
SECTION 4-107. Clerk of superior court.
The clerk of Superior Court of Ware County in office on January 1, 2001, shall be the clerk of Superior Court of Waycross-Ware County, Georgia. The clerk of superior court shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the clerk of superior court shall be on the same basis as provided by law for the election of clerks of superior court generally. The clerk of superior court shall perform the same duties and exercise the same powers as conferred on clerks of superior court generally by the Constitution and laws of Georgia.
SECTION 4-108. Tax commissioner.
The tax commissioner of Ware County in office on January 1, 2001, shall be the tax com missioner of Waycross-Ware County, Georgia. The tax commissioner shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for tax commissioner shall be on the same basis as provided by law

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for the election of tax commissioners generally. The tax commissioner shall perform the same duties and exercise the same powers as conferred on tax commissioners generally by the Constitution and laws of Georgia.
SECTION 4-109. Coroner.
The coroner of Ware County in office on January 1, 2001, shall be the coroner of Waycross-Ware County, Georgia. The coroner shall serve for the same term as provided by law, and compensation shall be fixed as provided by law. Subsequent elections for coro ner shall be on the same basis as provided by law for the election of coroners generally. The coroner shall perform the same duties and exercise the same powers as conferred on coroners generally by the Constitution and laws of Georgia.
CHAPTER 2 - Administrative and Service Departments
SECTION 4-201. Creation and functions; generally.
Except as otherwise provided by this charter or by law, the administrative and service departments of the unified government shall be created and established by ordinance and shall perform such functions, duties, services, and responsibilities as enumerated therein and as prescribed by administrative regulations.
SECTION 4-202. Administrative reorganization.
The commission may, by ordinance, reorganize, combine, unify, consolidate, or discon tinue any department or agency of the unified government subject to the jurisdiction of the commission and may, by ordinance, prescribe the functions and duties thereof and may establish, abolish, or alter all nonelective offices and positions of employment as necessary for the proper administration of the unified government.
SECTION 4-203. Appointment of directors of departments.
All directors of departments under the supervision and direction of the manager shall be appointed by the manager. The directors of all such departments shall serve at the pleasure of the manager.
SECTION 4-204. Departments under state or federal law.
All departments which are created pursuant to state or federal law and which adminis ter various state and federal programs and services shall continue their operations with out interruption resulting from the adoption of this charter.
CHAPTER 3 - Merit System of Personnel Administration
SECTION 4-301. Establishment of merit system.
(a) The commission shall establish, by ordinance, a merit system of personnel adminis tration for Waycross-Ware County, Georgia. All positions in the service of WaycrossWare County, Georgia, shall be in the classified service of the merit system except the following which are declared to be in the unclassified service:
(1) Officers elected by the people and persons appointed to fill vacancies in elective offices;
(2) Members of boards and commissions;

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(3) Directors of departments;
(4) Persons temporarily employed in a professional or scientific capacity or to con duct a special inquiry, investigation, examination, or installation;
(5) Temporary and part-time employees; and
(6) Such other employees as may be excluded from coverage under the merit system as provided by ordinance or other applicable law.
(b) The merit system of personnel administration shall provide for classification of posi tions, the manner and method of publicizing vacancies, employing and appointing per sonnel, the qualifications of employees, employee performance evaluations, salaries, hours of employment, vacations, sick leave, special workers' compensation, job security, promotion, demotion, disciplinary procedures, transfer, layoff, removal, welfare of em ployees, retirement policy, payment of premiums of employee insurance benefits, griev ance procedures, service awards, training leave, and any other measures that promote the hiring and retaining of capable, diligent, and honest career employees, all of which shall be in accordance with the concept of affirmative action as provided by federal law.
CHAPTER 4 - Boards, commissions, and Authorities
SECTION 4-401. Certain boards, commissions, and authorities
continued.
All existing boards, commissions, and authorities are continued without interruption on January 1, 2001. As used in the Acts and amendments creating the existing boards, commissions, and authorities, the terms Waycross City Commission and Ware County Board of Commissioners shall mean the Commission of Waycross-Ware County, Georgia, and the terms mayor of the City of Waycross and chairman of the Ware County Board of Commissioners shall mean the mayor/chairperson of Waycross-Ware County, Georgia.
ARTICLE V JUDICIARY
Section 5-101. Superior court and district attorney; unaffected by charter; redesignation.
Section 5-102. State court and solicitor-general; unaffected by charter; redesignation.
Section 5-103. Juvenile court; unaffected by charter; redesignation.
Section 5-104. Probate court; unaffected by charter; redesignation.
Section 5-105. Magistrate court; unaffected by charter; redesignation.
Section 5-106. Municipal Court of the City of Waycross; continuation of operations in the court of the unified government.
ARTICLE V JUDICIARY
SECTION 5-101. Superior court and district attorney; unaffected by
charter; redesignation.

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The Superior Court of Ware County, including the office of the district attorney, shall continue its operations without interruption resulting from the adoption of this charter, and nothing in this charter shall be construed as affecting the status of said court. The court shall be known as the Superior Court of Waycross-Ware County, Georgia.
SECTION 5-102. State court and solicitor-general; unaffected by charter;
redesignation.
The State Court of Ware County, including the office of the solicitor-general, shall con tinue its operations without interruption resulting from the adoption of this charter, and nothing in this charter shall be construed as affecting the status of said court. The court shall be known as the State Court of Waycross-Ware County, Georgia.
SECTION 5-103. Juvenile court; unaffected by charter; redesignation.
The Juvenile Court of Ware County shall continue its operations without interruption re sulting from the adoption of this charter, and nothing in this charter shall be construed as affecting the status of said court. The court shall be known as the Juvenile Court of Waycross-Ware County, Georgia.
SECTION 5-104. Probate court; unaffected by charter; redesignation.
The Probate Court of Ware County shall continue its operations without interruption re sulting from the adoption of this charter, and nothing in this charter shall be construed as affecting the status of said court. The court shall be known as the Probate Court of Waycross-Ware County, Georgia.
SECTION 5-105. Magistrate court; unaffected by charter; redesignation.
The Magistrate Court of Ware County shall continue its operations without interruption resulting from the adoption of this charter, and nothing in this charter shall be con strued as affecting the status of said court. The court shall be known as the Magistrate Court of Waycross-Ware County, Georgia.
SECTION 5-106. Municipal Court of the City of Waycross; continuation of operations in the court of the unified government.
On January 1, 2001, the operations and employees of the Municipal Court of the City of Waycross shall continue as the operations and employees of a court of the Unified Gov ernment of Waycross-Ware County. The judge of the Municipal Court of the City of Waycross shall be authorized to serve as the municipal judge of said court.
ARTICLE VI ELECTIONS
Chapter 1--Conduct of elections
Section 6-101. Applicability of general laws. Section 6-102. Regular election; time for holding;
voting; districts. Section 6-103. Special elections.
Chapter 2--Election Districts; Reapportionment
Section 6-201. Reapportionment of election districts.

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ARTICLE VI ELECTIONS
CHAPTER 1 - Conduct of Elections
SECTION 6-101. Applicability of general laws.
Except as otherwise provided by this charter, primaries and regular and special elec tions shall be conducted in accordance with provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." As used in said code, the term "election" or "gen eral election" shall be construed to include the term "regular election" as provided in Section 6-102 of this charter; the term "governing authority" shall include the mayor/ chairperson and the commissioners of Waycross-Ware County, Georgia; the term "munic ipal," "municipality," or "county" shall include Waycross-Ware County, Georgia; and the term "public office" shall include elective offices of Waycross-Ware County, Georgia.
SECTION 6-102. Regular election; time for holding; voting; districts.
(a) For purposes of electing commissioners, other than the mayor/chairperson, the terri tory of Waycross-Ware County is divided into seven commissioner districts. One member of the commission shall be elected from each such district. The seven commissioner dis tricts shall be and correspond to those seven numbered districts described in and at tached to and made a part of this Act as Appendix B and further identified as Operator: local Client: ware Plan: waresblp.
(b) When used in such attachment, the terms "Tract," "Block," and "Block Group" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia. Any part of the territory of Waycross-Ware County which is not included in any such district described in that attachment shall be included within that district con tiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Any part of the territory of WaycrossWare County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district con tiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia.
(c) No person shall be a member of the commission if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law applica ble to that office.
(d) In order to be elected or appointed as a member of the commission from a commis sioner district, a person must have resided in that district for at least 12 months prior to election or appointment thereto and, if elected, must receive the number of votes cast for that office, as required by general law, in that district only and not at large. Only elec tors who are residents of that commissioner district may vote for a member of the com mission for that district. At the time of qualifying for election as a member of the com mission from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or ap-

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pointed as a member of the commission from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant.
(e) The mayor/chairperson may reside anywhere within the territory of Waycross-Ware County and, if elected, must receive the number of votes cast for that office, as required by general law, in the entire territory of Waycross-Ware County. The mayor/chairperson must continue to reside within the territory of Waycross-Ware County during that per son's term of office or that office shall become vacant.
(f) The first mayor/chairperson and the first members of the Commission of WaycrossWare County shall be elected at a special election which shall be conducted at the time of the general election on the Tuesday next following the first Monday in November, 2000. The mayor/chairperson and those members of the commission elected thereto from Commissioner Districts 1, 3, 5, and 7 in 2000 shall take office the first day of January immediately following that election and shall serve for initial terms of office which ex pire December 31, 2004, and upon the election and qualification of their respective suc cessors. Those members of the commission elected thereto from Commissioner Districts 2, 4, and 6 in 2000 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2002, and upon the election and qualification of their respective successors. Those and all future successors to the mayor/chairperson and members of the commission whose terms of of fice are to expire shall be elected at the state-wide general election immediately preced ing the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years. Members of the commission shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.
(g) All members of the commission who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 6-103. Special elections.
All special elections shall be held and conducted in accordance with applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," that govern the conduct of county elections.
CHAPTER 2 - Election Districts; Reapportionment
SECTION 6-201. Reapportionment of election districts.
(a) The election district boundaries of the unified government shall be reapportioned fol lowing the publication of each official federal decennial census of the population of Way cross-Ware County, Georgia. Such reapportionment shall be accomplished by the adop tion of an amendment to this charter by the General Assembly of Georgia.
(b) The reapportionment of election districts shall comply with the following specifications:
(1) Each election district shall be formed of contiguous territory and its boundary lines shall be the center lines of streets or other well-defined boundaries as utilized by the United States Bureau of the Census; and

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(2) Such election districts shall be as nearly equal in population as practicable, and they shall comply with the requirements of the federal Voting Rights Act of 1965, as amended.
(c) Any reapportionment of election districts shall apply to officials of the unified gov ernment elected at the next regular election following such reapportionment.
ARTICLE VII REVENUE AND FINANCE
Chapter 1--Taxation and Other Revenues
Section 7-101. Levy and collection of taxes, fees, charges, and assessments; appropriations.
Section 7-102. Collection of delinquent taxes and fees. Section 7-103. Homestead exemptions. Section 7-104. Tax and services districts;
taxation therein.
Chapter 2--Borrowing and Indebtedness
Section 7-201. Issuance of general obligation bonds. Section 7-202. Debt limitation; general
obligation bonds. Section 7-203. Revenue bonds. Section 7-204. Use of bond proceeds. Section 7-205. Allocation of indebtedness.
Chapter 3--Financing of Services
Section 7-301. General and urban services districts. Section 7-302. Creation of services districts
by ordinance. Section 7-303. Requirements for defining boundaries. Section 7-304. Notice of hearing prior to adoption
of ordinance.
Chapter 4--Financial Administration
Section 7-401. Fiscal year. Section 7-402. Preparation of budgets. Section 7-403. Scope of budgets. Section 7-404. Submission of budgets to the commission. Section 7-405. Adoption of budgets. Section 7-406. Property tax levies. Section 7-407. Limitation of funds. Section 7-408. Transfer of funds. Section 7-409. Lapse of appropriations. Section 7-410. Continuing audit.
Chapter 5--Procurement and Disposition of Property
Section 7-501. Contracting procedures. Section 7-502. Sale and disposition of property.
ARTICLE VII REVENUE AND FINANCE
CHAPTER 1 - Taxation and Other Revenues
SECTION 7-101.

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Levy and collection of taxes, fees, charges, and assessments; appropriations.
(a) For the purpose of raising revenue for the support and maintenance of the govern ment of Waycross-Ware County, Georgia, the commission shall have full power and au thority to levy and collect taxes to the extent provided in this section and to appropriate funds and expend money:
(1) For the purposes authorized by this charter;
(2) For the discharge of the powers, duties, obligations, liabilities, and functions specified in this charter;
(3) For any and all purposes and any and all subjects of taxation for which the City of Waycross or Ware County may have been authorized and in accordance with those authorizations to levy and collect taxes and to appropriate and expend funds under the Constitution or any general or special law of Georgia applicable to the City of Waycross or Ware County on January 1, 2001; and
(4) For any purpose authorized by the Constitution or any general or special law of Georgia applicable to municipal corporations and counties generally now of force or hereafter enacted.
(b) The commission shall have full power and authority to levy and collect the following taxes, charges and assessments:
(1) Ad valorem taxes on all real and personal property situated within WaycrossWare County, Georgia, which is subject to taxation for state, county, and municipal purposes, or for any other public purpose, to the full extent permitted by the Consti tution and laws of Georgia;
(2) Occupation and business license taxes that are not prohibited by the Constitu tion and general laws of Georgia. These taxes may be levied upon any person, firm, partnership, company, or corporation which transacts business within WaycrossWare County, Georgia, or which practices or offers to practice any trade, business, calling, avocation, or profession therein. The commission may classify businesses, occupations, professions, or callings for the purpose of these taxes in any manner as is reasonable. The commission shall have authority to provide by ordinance for the return or registration for taxation of any trade, business, calling, avocation, or pro fession subject to such taxes. In levying and collecting those taxes the commission, by ordinance, may require any person, firm, partnership, company, or corporation which transacts business within Waycross-Ware County, Georgia, or which practices or offers to practice any trade, business, calling, avocation, or profession therein to obtain a license or permit for these activities from the unified government and to pay a reasonable fee for the license or permit for the regulation of any activities not prohibited by general law. The commission, by ordinance, may establish reasonable requirements for obtaining or keeping licenses as the public health, safety, and wel fare necessitate, including but not limited to denial or revocation for any violation of federal or state law or local ordinance;
(3) An excise tax on rooms, lodgings, or accommodations as now or hereafter pro vided by law for counties and municipalities;
(4) License fees and taxes on insurance companies as authorized by Code Sections 33-8-8 through 33-8-8.6 of the O.C.G.A.;

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(5) A public utility franchise tax, fee, or both, on each electric light and power com pany, gas company, telephone and telegraph company, and other public utility mak ing use of the roads, streets, alleys, or other public ways of the unified government for the purpose of rendering services therein;
(6) Franchise fees on cable television systems as now or hereafter provided by law for counties;
(7) Fees, assessments, and charges for the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, storm sewers, drainage structures, or other utility mains and appurtenances from the abutting property owners under any terms and conditions as provided by ordinance;
(8) Fees, assessments, charges, and tolls for sanitary and health services or any other services rendered within and outside the limits of the unified government under such terms and conditions as provided by ordinance;
(9) All other such taxes, charges, or assessments as the City of Waycross or Ware County was authorized and empowered to make and collect upon January 1, 2001, which powers may be exercised throughout the area of the unified government, or appropriate portions thereof, including any tax now or hereafter authorized by state law and the specific mention of any right, power, or authority in this charter shall not be construed as limiting in any way the general powers of the commission to govern its local affairs. When authorized by this charter or a statute or the Consti tution of the State of Georgia, the commission shall have full power and authority to assess, levy, charge, and collect taxes, rentals, interest, fees, penalties, fines, and costs; to receive income on investments; to accept funds, services, or property from other political subdivisions and public agencies, either local, state, or national, and from private persons, firms, or corporations; and to contract with them for any pub lic purpose;
(10) An excise tax upon the sale of distilled spirits or alcoholic beverages for bever age purposes by the drink as now or hereafter provided by law for counties and municipalities;
(11) An excise tax upon the sale, transfer, or dispensing of malt beverages and alco holic beverages within Waycross-Ware County, Georgia, by wholesale or retail deal ers as now or hereafter provided by law for counties and municipalities. In addition, the commission shall have the authority to impose, assess, levy, and collect an ex cise tax upon the sale, transfer, or dispensing of wine by wholesale or retail dealers within Waycross-Ware County, Georgia, as now or hereafter provided by law for counties and municipalities; and
(12) Such other taxes and charges as provided by law.
SECTION 7-102. Collection of delinquent taxes and fees.
The collection of delinquent taxes and fees shall be as provided in state law for the col lection of delinquent property taxes by counties.
SECTION 7-103. Homestead exemptions.
The homestead exemptions provided under the Constitution and laws of Georgia pres ently in force or as hereafter amended shall be applicable to all such property subject to ad valorem taxes within Waycross-Ware County, Georgia.
SECTION 7-104.

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Tax and services districts; taxation therein.
(a) The general services district as defined and authorized in paragraph (1) of subsection (a) of Section 7-301 of this charter shall constitute a general services tax district wherein the commission shall levy and collect taxes and shall appropriate money to per form and discharge those powers, functions, and services provided therein by the unified government.
(b) The urban services district as defined and authorized in paragraph (2) of subsection (a) of Section 7-301 of this charter together with any enlargement or modification thereof pursuant to the provisions of this charter, shall constitute an urban tax district in which the commission may levy and collect additional taxes and may appropriate ad ditional money therefrom to perform and discharge those additional powers, functions, and additional services provided therein by the unified government.
(c) The assessment of real and personal property for ad valorem tax purposes shall be upon a uniform basis throughout the entire area of the unified government; provided, however, the rate and manner of additional taxation of services districts may vary in any services tax district from that in another or other services tax districts in such a way as to reflect reasonably the kind, character, type, degree, and level of services af forded to such services tax district or districts.
CHAPTER 2 - Borrowing and Indebtedness
SECTION 7-201. Issuance of general obligation bonds.
(a) The commission shall be authorized to issue and sell general obligation bonds, after approval of the qualified voters, under the provisions of the Constitution and general laws of Georgia for any public purpose for the benefit of the unified government or any tax district or services district thereof; provided, however, that for the purpose of issuing and selling such general obligation bonds, the unified government shall be deemed a county and the provisions of the Constitution and laws of Georgia governing the limita tions, terms, and procedures for the issuance and sale of bonds by counties shall apply to the unified government unless otherwise provided by this charter.
(b) All general obligation bonds shall be issued in the name of Waycross-Ware County, Georgia, and shall be an obligation thereof, and the full faith and credit of the unified government shall be pledged for all general obligation bonds issued thereunder which are payable from ad valorem taxes; and, for such purpose, the commission shall have the authority to levy and collect ad valorem taxes on all taxable property within the territo rial limits of the unified government.
SECTION 7-202. Debt limitation; general obligation bonds.
The total general obligation bond indebtedness of the unified government payable from ad valorem taxes including all outstanding general obligation bonds of the former City of Waycross and Ware County on January 1, 2001, shall not exceed 10 percent of the as sessed value of all taxable property within the territorial limits of the unified government.
SECTION 7-203. Revenue bonds.
The commission shall be empowered and authorized to issue revenue bonds for the pur poses and in the manner as now or hereafter provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."

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SECTION 7-204. Use of bond proceeds.
All revenue derived by the unified government from the issuance and sale of bonds shall be used exclusively for the purposes for which such bonds were issued, and all ad valorem taxes collected for the purpose of servicing or retiring such bonds shall be used exclusively for the payment of principal and interest thereof.
SECTION 7-205. Allocation of indebtedness.
(a) All general indebtedness of Ware County, whether represented by general obligation bonds or otherwise, which may be outstanding on January 1, 2001, shall be allocated to the general services district as defined in paragraph (1) of subsection (a) of Section 7-301 of this charter and is recognized as the obligation of the general services district of Waycross-Ware County, Georgia. All general indebtedness of the City of Waycross, whether represented by general obligation bonds or otherwise, which may be outstanding on Jan uary 1, 2001, shall be allocated to the urban services district as defined in paragraph (2) of subsection (a) of Section 7-301 of this charter. The commission is authorized to levy taxes and otherwise provide for the retirement of such indebtedness, subject to the terms of this charter. Any funds in the control of the heretofore existent City of Waycross and Ware County, now unified into Waycross-Ware County, Georgia, by this char ter, which theretofore had been allocated to the retirement of any bonded indebtedness of said municipality and county shall be so applied by the commission.
(b) All general obligation bonds issued prior to January 1, 2001, by Ware County and all bonds authorized but unissued by Ware County on January 1, 2001, and thereafter is sued by Waycross-Ware County, Georgia, shall be allocated to the general services dis trict, and the principal of and interest on such bonds shall be paid from ad valorem taxes or other revenues collected in the general services district. All general obligation bonds issued prior to January 1, 2001, by the City of Waycross and all bonds authorized but unissued by the City of Waycross on January 1, 2001, and thereafter issued by Way cross-Ware County, Georgia, shall be allocated to the urban services district, and the principal and interest on such bonds shall be paid from ad valorem taxes or other reve nues collected in the urban services district.
(c) Any revenue bonds issued prior to January 1, 2001, by the City of Waycross or Ware County under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and any such revenue bonds authorized but unissued by said city or county on January 1, 2001, and thereafter issued by Waycross-Ware County, Georgia, shall be pay able as to principal and interest from the revenues or sources and in the manner pro vided in the proceedings which authorized the issuance of such revenue bonds.
(d) Neither the allocation of bonds to the general services district nor any of the other provisions of this charter shall impair or diminish any of the rights, revenues, or secur ity and source for payment of any of such bonds or revenue bonds issued by the City of Waycross or by Ware County prior to January 1, 2001, or authorized but unissued by the City of Waycross or by Ware County on January 1, 2001, and thereafter issued by Way cross-Ware County, Georgia; and such holders of such bonds or revenue bonds shall have and be entitled to enforce any and all rights, remedies, and security and sources for pay ment granted such holders by the proceedings which authorized the issuance of such bonds or revenue bonds as fully and to the same extent as if this charter had not been adopted.
CHAPTER 3 - Financing of Services

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SECTION 7-301. General and urban services districts.
(a) In Waycross-Ware County, Georgia, there shall be:
(1) A general services district which shall consist of the total area of Ware County as fixed and established upon January 1, 2001, or as hereafter modified according to law;
(2) An urban services district which shall consist of the area embraced within the corporate limits of the City of Waycross as the same exists upon the day immedi ately preceding January 1, 2001, or as such district may be expanded as provided in this section; and
(3) Such special services districts as the commission may subsequently establish.
(b) All other tax districts existing in the City of Waycross or Ware County immediately prior to January 1, 2001, are continued in effect by this charter.
(c) Such services districts shall be tax districts wherein taxes and other assessments shall be assessed, levied, and collected by the unified government in accordance with the kind, character, type, and degree of services actually provided therein and may vary in any one services district from that of another or other districts in accordance with the provisions of this charter. The powers, authority, duties, liabilities, services, and func tions of Waycross-Ware County, Georgia, may vary in any services district from that in another or other services district.
(d) The unified government is empowered to exercise and provide within the general services district and within any urban services district established by this charter or by ordinance of the commission those powers, functions, and services which have thereto fore been exercised and provided by Ware County or the City of Waycross, or both; all powers, functions, and services authorized by this charter, and any amendments thereto; and all powers, functions, and services which counties and municipal corporations, or both, are now or hereafter authorized to exercise under the Constitution and laws of Georgia.
(e) The unified government shall perform or procure the performance within the general services district of those governmental duties, functions, and services which are gener ally available and accessible to all residents throughout the total territory of the unified government.
(f) The unified government shall perform within its urban services districts those addi tional, more comprehensive, intensive, and higher levels of governmental duties, func tions, and services which benefit primarily the residents of such urban services districts.
SECTION 7-302. Creation of services districts by ordinance.
Except as otherwise provided by this charter, services districts of the unified government shall be created, expanded, merged, unified, or reduced only by ordinance duly adopted by the commission under such general rules, procedures, regulations, requirements, and specifications as are established by the commission and this charter. Such rules and regulations shall set forth the manner and method for the creation of new services dis tricts and the expansion, unification, reduction, or merger of existing services districts; set forth requirements for defining functions and policies for rendering services, for changing levels of services within existing services districts, and for transferring terri tory from one services district to another; and set forth requirements for defining bound aries of services districts.

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SECTION 7-303. Requirements for defining boundaries.
Whenever in this charter it is required that the boundaries of a services district be set out, it shall suffice if the boundaries are described in such a way as to convey an intelli gent understanding of the location of the land. In the discretion of the commission, the boundaries may be described: (1) by reference to a map; (2) by metes and bounds; (3) by general description referring to roads or natural boundaries or to the boundaries of par ticular tracts or parcels of land; or (4) by any combination of the methods described in this section.
SECTION 7-304. Notice of hearing prior to adoption of ordinance.
Before it adopts any ordinance authorized or described in Sections 7-301 through 7-303 of this charter, the commission shall give notice of its intentions to consider the ordi nance and shall provide an opportunity for interested persons to be heard as is provided for in Section 1-105 of this charter.
CHAPTER 4 - Financial Administration
SECTION 7-401. Fiscal year.
The fiscal year of Waycross-Ware County, Georgia, shall begin on the first day of July of each year and shall end on the thirtieth day of June next following. The commission may adopt a different fiscal year by ordinance, which shall not be effective until at least six months after the date of adoption thereof. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, depart ment, institution, agency, and activity of the unified government, unless otherwise pro vided by state or federal law.
SECTION 7-402. Preparation of budgets.
The preparation of annual budgets shall be as prescribed by ordinance and provisions of this charter.
SECTION 7-403. Scope of budgets.
(a) There shall be two annual budgets:
(1) The annual operating expenses budget shall apply only to the operating ex penses of the unified government; and
(2) The capital improvements budget shall apply only to capital improvement ex penses of the unified government.
(b) Each section of the annual operating expenses budget and the capital improvements budget shall contain with respect to each of the operating funds of the government of Waycross-Ware County, Georgia, to which they are applicable:
(1) A reasonable estimate of cash revenues to be received during the ensuing year, classified according to source;
(2) Proposed expenditures detailed by each department, board, commission, office, agency, and activity in accordance with an established classification of accounts, in cluding those capital outlays which are to be financed from the revenues of the en suing year and including all debt service requirements in full for such fiscal year; and

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(3) Such other information as may be considered necessary or desirable by the man ager, the mayor/chairperson, or the commission.
(c) In no event shall the total proposed expenditures from any fund exceed the total an ticipated revenues plus the estimated unappropriated surplus or fund balance and appli cable reserves less any estimated deficit at the end of the current fiscal year.
(d) The capital improvements budget shall describe capital projects anticipated, the pro posed expenditures therefor, and the revenues or other sources of funds anticipated to fi nance such capital projects.
SECTION 7-404. Submission of budgets to the commission.
(a) In advance of initiating preparation of the annual budgets, the mayor/chairperson, with participation of the commission, shall develop a statement of the general fiscal poli cies of Waycross-Ware County, Georgia, the important features of the budgets, explana tions of major changes recommended for the next fiscal year, a general summary of the budgets, and such other comments and information as may be deemed pertinent.
(b) On or before a date fixed by the commission but not later than 60 days prior to the beginning of each fiscal year, the mayor/chairperson of the unified government shall sub mit to the commission a proposed operating expenses budget and a proposed capital im provements budget for the ensuing fiscal year. Such budgets shall be accompanied by a message from the mayor/chairperson containing a statement of the general fiscal policies of Waycross-Ware County, Georgia, the important features of the budgets, explanations of major changes recommended for the next fiscal year, a general summary of the budg ets, and such other comments and information as may be deemed pertinent. A sum mary of the budgets and the mayor/chairperson's message thereon shall be published in a newspaper of general circulation designated as the legal organ of Waycross-Ware County. The operating expenses budget and the capital improvements budget, the budget message, and all supporting schedules shall be filed in the manager's office and shall be open to public inspection.
SECTION 7-405. Adoption of budgets.
(a) The commission shall approve or reject the proposed operating expenses budget. Such budget as finally adopted must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fis cal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues, constituting the resources available of such fund.
(b) The commission shall adopt the final annual operating expenses budget for the ensu ing fiscal year not later than the thirtieth day of June of each year and such budget shall be effective for the fiscal year beginning on the first day of July. In the event the commission fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year, with appropriate items prorated accordingly until such time as the commission shall adopt an operating expenses budget for the ensuing fiscal year. Adoption of the operat ing expenses budget shall take the form of an appropriations ordinance setting out esti mated revenues in detail by source and making appropriations accordingly to fund orga nizational units, purposes, or activities as set forth in the operating expenses budget.

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(c) The amount set out in the adopted operating expenses budget for each organizational unit, purpose, or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencum bered balance of the appropriation, or allotment thereof, to which it is chargeable.
(d) The commission shall adopt by ordinance the capital improvements program and capital improvement expenses budget for the ensuing fiscal year not later than the thir tieth day of June of each year. The adopting ordinance shall show in detail the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the commission and shall be in full conformity with that part of the capital improvements program applicable to the year which it covers. Amounts specified as intended to be spent out of new appropria tions shall, upon enactment of the ordinance adopting the capital improvement expenses budget, constitute appropriations of such amounts.
SECTION 7-406. Property tax levies.
Following the adoption of the annual operating expenses budget and the capital im provements budget for each fiscal year:
(1) The commission shall levy by ordinance a general services district tax on all real and personal property within the general services tax district as provided by this charter. The tax rate set by such ordinance shall be such that a reasonable esti mate of cash revenues from such levy shall be at least sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating expenses budget for defraying the expenses of the general services district for ser vices to be rendered throughout the entire area of Waycross-Ware County, Georgia. Such services shall include those functions set forth in subsections (c) and (d) of Sec tion 7-301 of this charter, and such other purposes, functions, and services as may be authorized by the laws of Georgia, by this charter, or by ordinance of the commission;
(2) The commission shall levy by ordinance an urban services district tax on all real and personal property within the urban services tax district as authorized by this charter. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy shall be at least sufficient, to gether with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating expenses budget for defraying the expenses of a higher level of services to be rendered in urban services districts; and
(3) The commission shall levy by ordinance a special services district tax on all real and personal property within the special services tax district as authorized by this charter. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy shall be at least sufficient, to gether with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating expenses budget for defraying the expenses of a higher level of services to be rendered in a special services district.
SECTION 7-407. Limitation of funds.

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Upon certification by the manager that the revenues or other resources actually realized with respect to any fund will be less than was anticipated and will be insufficient to meet the amounts appropriated from such fund, it shall be the duty of the manager upon the instruction of the mayor/chairperson of the unified government to limit such appropriations as may be necessary to prevent deficit operation.
SECTION 7-408. Transfer of funds.
Upon recommendation of the manager and approval of the mayor/chairperson, the com mission may make interfund or interdepartmental transfers in the current operating ex penses budget or capital improvements expenses budget at any regular or special meet ing called for such purpose, provided funds are also available.
SECTION 7-409. Lapse of appropriations.
All unencumbered balances of appropriations in the current operating expenses budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made.
SECTION 7-410. Continuing audit.
(a) The commission shall have conducted a continuing internal audit of the fiscal affairs and operations of every department, office, and agency of the unified government.
(b) The commission shall provide annually for an independent audit of the accounts and other evidences of financial transactions of the unified government of Waycross-Ware County, Georgia, and of every office, department, board, commission, authority, or other agency. The audit shall be made by a certified public accountant who shall have no per sonal interest, direct or indirect, in the fiscal affairs of Waycross-Ware County, Georgia, or of any of its departments, offices, boards, commissions, authorities, or agencies. The commission shall by competitive bids, taking into consideration the lowest and best bid, designate such accountant or firm annually or for a period not exceeding three years.
(c) The audit may be conducted on a quarterly or continuing basis and the final report of the annual audit shall be completed as soon as practicable after the close of the fiscal year, and in no event later than six months after the close of the fiscal year. The audit report shall be filed with the manager and made available to the public.
(d) The commission may at any time order an examination or special audit of any office, department, board, commission, or other agency of Waycross-Ware County, Georgia.
CHAPTER 5 - Procurement and Disposition of Property
SECTION 7-501. Contracting procedures.
The commission shall prescribe by ordinance rules and regulations which must be fol lowed in the making of contracts in order to bind the government of Waycross-Ware County, Georgia. Except where otherwise provided by law or by ordinance, all contracts of the government of Waycross-Ware County, Georgia, shall be signed by the mayor/ chairperson and authenticated by the manager.
SECTION 7-502. Sale and disposition of property.

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(a) The commission is authorized to sell any real or personal property owned or held by Waycross-Ware County, Georgia, and not needed for governmental or other public pur poses in such manner as is required in state law for counties, as provided for in Code Sections 36-9-2 and 36-9-3 of the O.C.G.A.
(b) The commission is empowered to authorize the following transactions:
(1) A transfer of any real or personal property owned by Waycross-Ware County, Georgia, to another governmental entity upon finding that such transfer is in the public interest;
(2) A sale of any such property to another governmental entity; and
(3) An exchange of such property for property that is owned privately or by some other governmental entity.
In each instance, whether the property is transferred, sold, or exchanged, the require ments of a public sale shall not be required; but a statement thereof shall be published in the newspaper designated as the legal organ of Waycross-Ware County once a week for the two weeks preceding the day in which such transaction is to be concluded. Such statement shall contain a description of the property or properties involved and the prices and estimated values as to each item of property.
(c) Waycross-Ware County, Georgia, may quitclaim any rights it may have in property not needed for public purposes upon a report by the manager of the unified government and the adoption by the commission of a resolution, both finding that the property is not needed for public purposes and that the interest of the unified government of WaycrossWare County, Georgia, therein has no readily ascertainable monetary value.
(d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of Waycross-Ware County, Georgia, a small parcel or tract of land is cut off or sep arated by such work from a larger tract of land owned by Waycross-Ware County, Geor gia, the commission may authorize the execution and deliverance in the name of the uni fied government of Waycross-Ware County, Georgia, of a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way in said street, avenue, alley, or public place, or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances so executed and delivered shall convey all title and interest the unified government of Waycross-Ware County, Georgia, has in such property.
ARTICLE VIII GENERAL PROVISIONS
Section 8-101. Application of laws; laws in force. Section 8-102. Limitation on claims and service. Section 8-103. Tort and nuisance liability. Section 8-104. Conflict of laws. Section 8-105. Competitive bidding. Section 8-106. Execution of assessments. Section 8-107. Authority to deal with federal
and state agencies. Section 8-108. Federal and state aid. Section 8-109. Budgets of county officers and agencies. Section 8-110. Existing pension rights protected. Section 8-111. Establishment of new pension systems;
merging of existing systems.

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Section 8-112. Amending charter. Section 8-113. Fidelity bonds. Section 8-114. Examples of powers. Section 8-115. Provision of services. Section 8-116. The overview commission. Section 8-117. Historic items. Section 8-118. Section captions. Section 8-119. Effect of repeals.
ARTICLE VIII GENERAL PROVISIONS
SECTION 8-101. Application of laws; laws in force.
(a) The general laws of the State of Georgia of a criminal nature shall be applicable to and within the limits of the unified government. General laws of local application through classification by population, not in conflict with this charter:
(1) Which on January 1, 2001, apply to the City of Waycross or Ware County, Geor gia, shall be applicable to the unified government; and
(2) Which apply to the unified government as either a city or a county at the time of their enactment or thereafter shall be effective; but those which did not apply to the City of Waycross or Ware County or the unified government at the time of their en actment shall not become applicable to the unified government except through the adoption of a resolution to that effect by the commission.
(b) Local Acts of the State of Georgia which apply specifically to either Ware County or the City of Waycross, or both, shall be applicable to the unified government.
(c) In construing the applicability of provisions of the Constitution and the general laws of Georgia which apply in general terms to either counties or municipalities, or both, and local Acts of the General Assembly that apply specifically to Ware County or the City of Waycross, or both, the following terms as used in such laws shall be construed to include the unified government as follows:
(1) "County" shall be construed to include Waycross-Ware County, Georgia;
(2) "City," "town," "municipal corporation," or "municipality" shall be construed to include Waycross-Ware County, Georgia;
(3) "Commissioners of roads and revenues" and "board of county commissioners" shall be construed to include the Commission of Waycross-Ware County, Georgia;
(4) "Council," "mayor and commission," "aldermen," and "board of aldermen" shall be construed to include the Commission of Waycross-Ware County, Georgia;
(5) "Chairman of the commissioners of roads and revenues" and "chairman of the board of county commissioners" shall be construed to include the mayor/chairperson of Waycross-Ware County, Georgia;
(6) "Mayor" shall be construed to include the mayor/chairperson of Waycross-Ware County, Georgia; and
(7) Any other terms and provisions as used in such Acts to refer specifically to Ware County or the City of Waycross, or both, and the officers, employees, departments, and agencies thereof shall be construed to mean Waycross-Ware County, Georgia, and its officers, employees, departments, and agencies.

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(d) In construing the applicability of laws in force to the unified government, the follow ing order shall prevail:
(1) The Constitution of the State of Georgia;
(2) The general laws of uniform application now in force or hereafter enacted by the General Assembly, as distinguished from general laws of local application through classification by population, applicable to municipal corporations or counties, or both;
(3) The general laws of local application through classification by population as and to the extent provided in subsection (a) of this section;
(4) Special laws applicable to Ware County, not in conflict with this charter;
(5) Special laws applicable to the City of Waycross, not in conflict with this charter;
(6) This charter and all ordinances and resolutions passed pursuant thereto; and
(7) Existing ordinances and resolutions of the former City of Waycross and existing ordinances and resolutions of the former County of Ware not in conflict with this charter.
SECTION 8-102. Limitation on claims and service.
(a) All contractual claims against the unified government shall be presented within 12 months after they accrue or become payable or the same as claimed, unless held by mi nors or other persons laboring under disabilities, who are allowed 12 months after the removal of such disability.
(b) Service on the unified government of any suit, process, or order of court shall be served upon the mayor/chairperson.
SECTION 8-103. Tort and nuisance liability.
The tort and nuisance liability of the unified government shall follow the law and rules of tort liability applicable to counties in Georgia.
SECTION 8-104. Conflict of laws.
For purposes of all applicable laws, the unified government shall constitute a municipal ity and a county, or both. Except as otherwise provided by this charter, if a law applica ble to municipalities and the same or another law applicable to counties are in conflict, the law applicable to municipalities shall prevail.
SECTION 8-105. Competitive bidding.
All departments and agencies of the unified government must utilize competitive bidding procedures, as specified in an ordinance of the commission, for all purchases in excess of an amount provided for in an ordinance of the commission, unless such purchase shall be otherwise approved by five of the seven commissioners.
SECTION 8-106. Execution of assessments.
Whenever any tax or special assessment is authorized or empowered to be levied or im posed by this charter which is required to be collected by the unified government and such is not paid within the time period specified by the commission and no specific pro vision is elsewhere provided in this charter for its collection, then the manager shall is-

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sue execution in the name of the unified government against such person, firm, or entity liable therefor or property subject thereto for such sums as may be due with interest at the legal rate from due date and penalties and costs. The unified government shall have the right to enforce payment of such execution by levy and sale as in the case of county taxes, and the purchaser at such sale shall acquire the same title and rights as a pur chaser at a sale for county taxes. Executions issued by the manager of Waycross-Ware County, Georgia, and the levy and sale thereunder shall be governed by general law.
SECTION 8-107. Authority to deal with federal and state agencies.
The unified government shall have the power and authority to participate in, cooperate in, and take all necessary action with respect to any and all projects, programs, and un dertakings of any nature authorized by any statute, rule, or regulation of the United States, the State of Georgia, or any federal or state agency or instrumentality, including but not limited to community development, highways, aviation, aviation terminals, air ports, airport facilities, municipal area or regional development, sewer and sewage dis posal, public housing, housing for the aged, and transportation or mass transit or any phase thereof; to borrow money and issue promissory notes, general obligation bonds, or revenue bonds or a combination thereof for any such purposes in accordance with provi sions of this charter; and to execute mortgages or deeds of trust in favor of any federal agency, secured by property of which the unified government is the legal or beneficial or equitable owner, or in favor of any private agency where the loan is guaranteed by a federal agency.
SECTION 8-108. Federal and state aid.
The unified government shall be deemed a county but shall also be deemed an incorpo rated city or municipality for the purpose of determining its right to receive and for the purpose of receiving state aid or grant in aid from the State of Georgia or from the United States or from any agency or instrumentality thereof or from any other source, public or private. The unified government shall be entitled to receive as state aid or as grant in aid from the State of Georgia or from the United States or from any agency or instrumentality thereof or from any other source, public or private, all funds to which a county is or may hereafter be entitled and also all funds to which an incorporated city or municipality is or may be hereafter entitled and to receive the same without diminution or loss by reason of unification. When state aid or other grant in aid is distributed to any county on the basis of population or area, or both, then the entire population and the total area of Waycross-Ware County, Georgia, shall be considered in calculating and determining the basis for such distribution. When state aid or other grant in aid is dis tributed to any county on the basis of rural area, rural road mileage, or rural popula tion, or any combination thereof, then that area of the general services district outside of the urban services district or districts shall be deemed to constitute rural area, its road mileage to constitute rural road mileage, and its population to constitute rural popula tion. When state aid or other grant in aid is distributed to any incorporated city or mu nicipality on the basis of population or area, or both, then the population or the area of the urban services district or districts of Waycross-Ware County, Georgia, shall be deemed the population and the area used in calculating and determining the basis of such distribution.
SECTION 8-109. Budgets of county officers and agencies.

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All elected officers and all agencies not under the direct control and jurisdiction of the manager, such as the Board of Health and the Board of Family and Children Services, which receive appropriations from the commission, shall, on the same date as is applica ble to budgets submitted by department heads, submit to the manager annual operating and capital budget requests for the ensuing fiscal year. Such budget requests, after any revisions therein by the manager and the mayor/chairperson, shall be incorporated into the overall unified government budgets for submission by the mayor/chairperson to the commission, which shall grant a hearing to any such officer or agency on such proposed budgets.
SECTION 8-110. Existing pension rights protected.
(a) Persons who, on January 1, 2001, are employed by any office, department, board, commission, or agency of the former City of Waycross shall retain all pension rights which have accrued to them under any existing pension system. The unified government shall continue in force and effect any existing pension system for city employees covered thereby who are employed by the unified government, and the services of such employ ees shall not be deemed to have been interrupted by the adoption of this charter.
(b) Persons who, on January 1, 2001, are employed by any office, department, board, commission, or agency of the former County of Ware shall retain all rights which have accrued to them under any existing pension system. The unified government shall con tinue in force and effect any existing pension system for county employees covered thereby who are employed by the unified government, and the services of such employ ees shall not be deemed to have been interrupted by the adoption of this charter.
SECTION 8-111. Establishment of new pension systems;
merging of existing systems.
The commission is authorized and empowered to establish and maintain a new pension system or pension systems affecting new employees and such other employees as desire to be covered thereby and to revise, combine, and consolidate any pension system in ef fect on January 1, 2001; provided, however, that in no event shall any revision, combina tion, or unification of any existing pension system in effect when this charter is adopted result in the curtailment or diminishment of any right accrued under any existing pen sion system to any person heretofore employed by the City of Waycross, Ware County, or of any agency of such former governments.
SECTION 8-112. Amending charter.
This charter may be modified, rescinded, changed, or amended by only the following methods:
(1) An Act of the General Assembly of Georgia; or
(2) An ordinance adopted by the Commission of Waycross-Ware County, Georgia, as provided for in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia.
SECTION 8-113. Fidelity bonds.
All officers of the unified government, both elected and appointed, shall execute such of ficial bonds in such amounts and upon such terms and conditions as the law or the com mission may require.

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SECTION 8-114. Examples of powers.
The powers of Waycross-Ware County, Georgia, shall include, but shall not be limited to, the following powers:
(1) Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all taxable property;
(2) Other taxes: to levy, assess, and collect other taxes allowed by general law and in accordance therewith;
(3) Business regulation and taxation: to levy, assess, and collect occupational and business taxes and to license and regulate occupations and businesses. Such taxes may be based on any one or combination of the following criteria:
(A) Gross receipts, notwithstanding the provisions of Code Section 48-8-6 of the O.C.G.A.;
(B) Square footage;
(C) Number of employees;
(D) Fixed fee; or
(E) Any other criterion reasonably related to the purposes of this power;
(4) Appropriations: to make appropriations and expend funds for support of the unified government and any other lawful purpose;
(5) Debts: to borrow money and issue bonds as authorized by general law;
(6) Property: to own property and interests in property;
(7) Gifts: to accept gifts and grants for any purpose related to the powers and du ties of the unified government on such terms as the donor may impose;
(8) Condemnation: to condemn property inside the unified government for present or future use;
(9) Public utilities: to acquire, lease, operate, and dispose of public utilities;
(10) Franchises: to grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts;
(11) Roadways: to open, maintain, improve, and close streets and roads and to grant franchises and rights of way thereon;
(12) Public facilities: to acquire, operate, and dispose of public buildings, public projects, parks, cemeteries, recreational facilities, and other public improvements in side the unified government;
(13) Building regulation: to regulate the building trades and the construction of buildings and to adopt and enforce building, housing, plumbing, electrical, gas, heat ing, and air-conditioning codes;
(14) Planning and zoning: to adopt land use plans and exercise the power of zon ing, subdivision regulation, and the like;
(15) Police power: to exercise the police power for the public safety and well-being of the citizens of the unified government;
(16) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads;
(17) Health: to prescribe and enforce health and sanitation standards;

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(18) Pollution: to regulate emissions which pollute the air and water;
(19) Fire safety: to fix fire limits and to prescribe and enforce fire safety regulations;
(20) Public hazards: to provide for the destruction or removal of public hazards;
(21) Waste disposal: to provide for and regulate the collection, disposal, and re cycling of garbage and wastes;
(22) Water and sewer fees: to fix and collect water and sewer fees;
(23) Garbage fees: to fix and collect garbage fees;
(24) Nuisances: to define and provide for the abatement of nuisances;
(25) Property protection: to preserve and protect the property of the unified government;
(26) Prisoners: to provide for public work by prisoners and for their confinement;
(27) Animal control: to regulate or prohibit the keeping of animals;
(28) Motor vehicles: to regulate the operation and parking of motor vehicles;
(29) Taxicabs: to regulate vehicles operated for hire in the unified government;
(30) Pensions: to provide and maintain a system of pensions and retirement for em ployees and officers of the unified government;
(31) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements;
(32) Contracts: to enter into lawful contracts and agreements;
(33) Agencies: to create, alter, or abolish departments, boards, offices, commissions, authorities, and agencies of the unified government and to confer appropriate au thority upon them;
(34) Penalties: to provide penalties for violations of ordinances of the unified government;
(35) Police and fire protection: to exercise the power of arrest through appointed police officers and to operate a fire department;
(36) Emergencies: to provide for the determination, proclamation, and combating of emergencies;
(37) Urban redevelopment: to organize and operate an urban redevelopment program;
(38) Public transportation: to organize and operate public transportation systems; and
(39) General health, safety, and welfare: to define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the unified government.
SECTION 8-115. Provision of services.
When determining services to be provided, the unified government shall always attempt:
(1) To efficiently allocate resources to increase the quality of life for all citizens of Waycross-Ware County;
(2) To provide the highest quality services to all citizens of Waycross-Ware County;

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(3) To ensure efficient utilization of community resources;
(4) To promote equity for all citizens in the delivery of governmental services throughout Waycross-Ware County; and
(5) To recognize and consider the advantages of the provision of services through contractual arrangements with other governments and private enterprises.
SECTION 8-116. The overview commission.
(a) In order to provide a more efficient and responsive government for the citizens of Waycross-Ware County, an overview commission shall be established to review the oper ation of the unified government. Such evaluation shall be completed every four years.
(b) The overview commission shall be composed of a minimum of 22 individuals to be appointed by the grand jury sitting immediately prior to July 1, 2004. Members of the overview commission shall be registered voters in Waycross-Ware County and not mem bers of the appointing grand jury. Three members shall be selected from each commis sion district and one member, who shall serve as chair, from the county at large. In making appointments to the overview commission, the grand jury shall solicit and con sider applications from the citizens of Waycross-Ware County.
(c) The overview commission shall be convened on July 1, 2004, and shall complete its review on or before December 31, 2004. In reviewing the unified government, the fol lowing factors shall be considered:
(1) The goals and objectives of the unified government;
(2) The extent to which the unified government has achieved its original objectives in an effective and responsible manner;
(3) The performance and accomplishments of the agencies of the unified government in the preceding fiscal year, budgetary costs incurred, projected activities, and budgets;
(4) The extent to which additional programs are needed; and
(5) Any other relevant criteria that the overview commission considers necessary in its evaluation.
(d) Upon completion of its review, the overview commission shall make recommenda tions to the new government in the same manner as grand jury presentments are nor mally made to a local government.
SECTION 8-117. Historic items.
It shall be the responsibility of the unified government to collect, preserve, and display documents and other items of historical significance to the City of Waycross and Ware County.
SECTION 8-118. Section captions.
The captions to the several sections of this charter are informative only and are not to be construed as a part thereof.
SECTION 8-119. Effect of repeals.

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No law heretofore repealed, expressly or by implication, shall be revived by the repeal herein of the repealing Act or by any provision of this charter that disclaims an inten tion to repeal or affect enumerated laws.
ARTICLE DC TRANSITION PROVISIONS
Section 9-101. Provision of services during transition. Section 9-102. Protection and compensation of
existing employees. Section 9-103. Effective date of charter. Section 9-104. Initial budgets. Section 9-105. Number of employees. Section 9-106. Cooperation of former governments. Section 9-107. Existing ordinances and resolutions
continued in effect. Section 9-108. Contracts and obligations. Section 9-109. Dissolution of existing governments. Section 9-110. Transfer of records and equipment. Section 9-111. Officers serve until successors qualify. Section 9-112. Referenda on the charter. Section 9-113. Effective dates. Section 9-114. Repealer.
ARTICLE IX TRANSITION PROVISIONS
SECTION 9-101. Provision of services during transition.
In order to unify the two governments and to assure the common and continued admin istration of services currently provided by both the City of Waycross and Ware County, the following procedures shall apply:
(1) On January 1, 2001, all services currently provided by the county shall be pro vided through the general services district to all residents of the county and all ser vices provided by the city shall be provided through the urban services district to the current residents of the City of Waycross. Assuming the continued availability of state and federal funds, these service arrangements shall apply until modified as provided under the provisions set forth in this article;
(2) The unified government shall work with due speed to equalize the charges for all services throughout the county.
SECTION 9-102. Protection and compensation of existing employees.
(a) All full-time employees of the City of Waycross and Ware County and all full-time employees of any department, office, or agency thereof shall, upon the termination of said city and county governments and the inception of the unified government, become employees of the unified government or of a department, office, or agency thereof and shall be assigned to duties as similar in nature as may be practicable within said government.

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(b) No permanent full-time employee of the City of Waycross or Ware County shall suf fer any diminution of compensation resulting from the adoption of this charter. The def inition of compensation includes, but is not limited to, salary, insurance and retirement benefits, annual and sick leave, and rights provided by a merit system.
(c) On or by January 1, 2002, the unified government shall have begun implementation of a plan that ensures that all employees performing the same functions and having the same responsibilities receive uniform compensation by the end of the fourth year of op eration of the unified government. This requirement that there be a uniform level of compensation throughout Waycross-Ware County by the end of the fourth year does not require that there be any freeze on employee compensation.
(d) Elimination of the duplication of functions shall be addressed through attrition and reassignment. Therefore, no permanent full-time employee of the City of Waycross or Ware County at the time of unification shall suffer any reduction of compensation result ing from the adoption of this charter.
(e) No person shall be appointed to, removed from, or in any way favored or discrimi nated against with respect to any position in the unified government because of race, gender, religion, age, handicap, or national origin.
SECTION 9-103. Effective date of charter.
This charter shall become effective on January 1, 2001, except as otherwise provided in Section 9-113.
SECTION 9-104. Initial budgets.
(a) Until July 1, 2001, the unified government shall operate under the funds remaining from the fiscal year 1999-2000 of the combined budgets of the City of Waycross and Ware County.
(b) The first full 12 month annual operating expenses budget and capital improvements expenses budget of the unified government (July 1, 2001, to June 30, 2002) shall not ex ceed an amount equal to the combined 2000-2001 fiscal year budgets of the City of Waycross and Ware County, plus increases due to inflation as specified in figures from the United States government.
SECTION 9-105. Number of employees.
From January 1, 2001, until June 30, 2001, the total number of employees of the unified government shall not exceed the combined number of employees authorized for the gov ernments of the City of Waycross and Ware County on January 1, 2001, except as other wise mandated by law.
SECTION 9-106. Cooperation of former governments.
(a) All officers, officials, and employees of the former City of Waycross and Ware County shall cooperate with and assist the mayor/chairperson, the commission, the manager, and other officers of Waycross-Ware County, Georgia:
(1) In planning the unification of departments, boards, commissions, and agencies of said former governments and in transferring the functions, duties, and responsibili ties of such departments, boards, commissions, authorities, and agencies to the ap propriate agencies of the unified government of Waycross-Ware County, Georgia; and

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(2) In all other respects in order that the transfer of the governments be accom plished in the most orderly manner possible. The officers of the unified government shall be entitled to examine all records, files, and other data in the possession of the former governments and of all officers, officials, employees, and departments thereof. The former governments shall, to the extent possible, provide working ar eas and facilities for the officers of the unified government.
(b) A schedule for activity during the transition period is contained in Appendix A, at tached to and made a part of this charter.
SECTION 9-107. Existing ordinances and resolutions continued in effect.
(a) Subject to subsection (d) of this section, existing ordinances and resolutions of the Commission of Ware County and existing rules and regulations of county departments or agencies, not inconsistent with the provisions of this charter, shall continue in effect as ordinances, resolutions, rules, or regulations of Waycross-Ware County, Georgia, or the appropriate department or agency thereof until they have been repealed, modified, or amended.
(b) Subject to subsection (d) of this section, existing ordinances and resolutions of the City of Waycross, not inconsistent with the provisions of this charter, shall continue in effect as ordinances and resolutions of Waycross-Ware County, Georgia, and shall apply only to the area included within the urban services district until they have been re pealed, modified, or amended.
(c) Subject to subsection (d) of this section, in the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to the territory of the unified government that such ordinance or resolution applied prior to January 1, 2001, and until such ordinance or resolution is repealed, changed, or amended to eliminate the conflict.
(d) On or by January 1, 2002, all ordinances and resolutions shall apply uniformly throughout the area of the unified government. Prior to this date, the commission shall review all ordinances and resolutions and take whatever action is needed to remove any conflicts between ordinances and resolutions continued by this section in order to pro duce a uniform body of ordinances and resolutions, free of any conflicts or contradictions between such provisions.
SECTION 9-108. Contracts and obligations.
(a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Ware County or for its benefit prior to January 1, 2001, shall continue in effect according to the terms thereof as obligations and rights of the unified government; provided, however, any obligation created by Ware County to become effective after the date of approval of this charter and prior to Janu ary 1, 2001, shall be subject to ratification and approval by the commission of the uni fied government on or before July 1, 2001.
(b) Except as otherwise provided by this charter, contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Waycross or for its benefit prior to January 1, 2001, shall continue in effect according to the terms thereof as obli gations and rights of the unified government; provided, however, any obligation created

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by the City of Waycross to become effective after the date of approval of this charter and prior to January 1, 2001, shall be subject to ratification and approval by the commission of the unified government on or before July 1, 2001.
(c) No pending action or proceeding of any nature whether civil, criminal, judicial, ad ministrative, or other by or against the City of Waycross or Ware County or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and the unified government shall stand substituted as a party in lieu thereof.
SECTION 9-109. Dissolution of existing governments.
On January 1, 2001, the Commission of Ware County and the Mayor and Commission of the City of Waycross, a municipal corporation created by an Act of the General Assembly of Georgia approved August 17, 1909 (Ga. L. 1909, p. 1456) as amended, particularly by an Act revising and restating the charter of the City of Waycross approved April 13, 1989 (Ga. L. 1989, p. 4916), and all the officers thereof and the offices thereof not con tinued under this charter are abolished and all emoluments appertaining thereto shall cease. Thereupon, the governments of Ware County and the City of Waycross shall ter minate as separate political entities and all powers, functions, duties, and obligations thereof shall be transferred to and vested in the unified government created by this charter.
SECTION 9-110. Transfer of records and equipment.
When an agency of the City of Waycross or of Ware County is abolished or unified by this charter, all books, papers, maps, charts, plans, records, other equipment, and per sonal property in possession of the same shall be delivered to the agency to which its rights, powers, duties, and obligations are transferred.
SECTION 9-111. Officers serve until successors qualify.
Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Waycross or Ware County may continue to perform the du ties thereof until a successor, whether under the same title or office or another, shall be elected or appointed and qualified to perform the duties, it being the intention of this section that no duty or service shall lapse or be abandoned because of lack of an officer to perform same.
SECTION 9-112. Referenda on the charter.
(a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Waycross shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Waycross for approval or rejection, and the election superintendent of Ware County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Ware County for approval or rejection. The election superintendents shall conduct those elections on the same and earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. and shall issue the calls and conduct those elections as provided by general law. The superintendents shall cause the date and purpose of the elections to be published once a week for two weeks immediately preceding the date thereof in the official organ of Ware County. The ballot in each election shall have writ ten or printed thereon the words:

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"( ) YES Shall the charter unifying the governments of the City of Waycross and Ware County and creating a single unified government to su-
( ) NO persede and replace those governments be approved?"
(b) All persons desiring to vote for approval of the charter shall vote "Yes," and those persons desiring to vote for rejection of the charter shall vote "No." If more than onehalf of the votes cast on such question by the qualified voters of the City of Waycross are for approval of the charter and if more than one-half of the total number of votes cast on such question by the qualified voters of Ware County are for approval of the charter, then the charter shall become effective in the manner provided for in Section 9-113 of this Act. Otherwise, it shall not become effective, and this Act shall be automatically re pealed on the first day of January immediately following that election date. The ex pense of such election in Ware County shall be borne by Ware County, and the expense of such election in the City of Waycross shall be borne by the City of Waycross.
(c) The special elections shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
(d) A qualified voter, as used in this Act, shall mean a voter of Ware County qualified to vote for members of the General Assembly of Georgia. The superintendent of elections shall certify the returns to the Secretary of State. The superintendent of elections shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue a proclamation showing and declaring the result of the elections on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the clerk of the governing authority of the City of Waycross who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of Ware County who shall attach the same to the copy of the charter previously certified to him or her.
(e) Whenever a charter for the unification of the governments of the City of Waycross and Ware County has been accepted, the above-certified copies thereof, with the procla mation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter for all purposes. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Waycross and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Ware County shall subsequently be delivered by them to the suc cessor government. The successor government may issue certified copies of the charter, and any copy so certified shall be deemed a duplicate original copy of the charter of Waycross-Ware County, Georgia, for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file, and any copy so certified shall be deemed a duplicate original copy of the charter of Waycross-Ware County, Georgia, for all purposes.
SECTION 9-113. Effective dates.
(a) Section 9-112 and this section shall become effective upon their approval by the Gov ernor or upon their becoming law without such approval.
(b) Those provisions of this Act necessary for election of the initial mayor/chairperson and members of the Commission of Waycross-Ware County, Georgia, shall become effec tive January 1, 2000.

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(c) The remaining provisions of this Act shall become effective on January 1, 2001, but only under the conditions specified in Section 9-112.
SECTION 9-114. Repealer.
All laws and parts of laws in conflict with this Act are repealed.

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APPENDIXES

Appendix A~Transition Schedule and Plan.

Appendix B-Reapportionment Districts: waresblp

Operator: local Client: ware Plan:

Appendix A Transition Schedule and Plan

The following four-stage transition plan shall govern the implementation of this Act:

Stage 1: Referendum on Charter to Initial Election

Upon approval of the unification, a transition team shall be formed. The transition team will be appointed and charged with anticipating implementation responsibilities, issues, and opportunities related to the unification of the two governments. Their ef fort will involve collecting data, assembling facts, and presenting options to the unified government officials when they take office. The transition team does not have any de cision-making power and will serve in an advisory function to the new government un til such time as the newly elected officials assume the responsibilities described below. The transition team shall consist of: the county administrator; the city administrator; one appointee of the mayor of the City of Waycross who shall not be an elected official nor an employee of the City of Waycross; one appointee of the chairman of the Ware County Board of Commissioners who shall not be an elected official nor an employee of Ware County; and three members of the charter commission selected by the charter commission, one of whom shall serve as chair of the transition team.

Stage 2: Initial Election to January 1, 2001

(a) The newly elected government assumes limited powers to plan for new govern ment. During this time, the mayor/chairperson and commission may exercise the fol lowing powers:

(1) Begin preparation for the appointment of the manager, attorney, and municipal judge;

(2) Hold meetings, establish committees, plan the establishment of boundaries of the general and urban services districts, and plan for and schedule the initial organ ization of the unified government in accordance with the applicable provisions of this charter. The mayor/chairperson and commission shall be authorized to receive and expend appropriations from the Waycross City Commission and the Ware County Board of Commissioners for the purposes of performing its responsibilities as provided herein;

(3) Initiation of the preparation of the initial budget of the unified government (July 1, 2001, to June 30, 2002); and

(4) Begin preparation of plans and schedules for the unification of the various de partments and agencies of the City of Waycross and Ware County.

(b) All officers, officials, and employees of the City of Waycross and Ware County shall cooperate and assist the mayor/chairperson and commission and other officers of the unified government in planning for and scheduling the unification of departments, boards, and commissions of said former governments and in transferring functions, duties, and responsibilities of such departments, boards, commissions, and agencies to the appropriate agencies of the unified government and in all other respects in order that the transfer of the governmental and corporate functions of the former govern ments shall be accomplished in the most orderly manner possible. The mayor/ chairperson, commission, and officers of the unified government shall be entitled to ex-

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amine all records, files, and other data in possession of the former governments and all officers, officials, and employees thereof. The former governments shall, to the ex tent possible, provide working areas and facilities to the transition team and the newly elected mayor/chairperson and commission of the unified government.
Stage 3: January 1, 2001, to June 30, 2001
The unified government takes office operating under the combined city and county budgets subject to the budget and employee caps specified in Sections 9-104 and 9105. The unified government budget for July 1, 2001, to June 30, 2002, is prepared. During this period the government would begin combining operations.
Stage 4: July 1, 2001, to June 30, 2002
The unified government begins operation under the first unified government budget. The budget for this fiscal year, July 1, 2001, to June 30, 2002, shall be capped by com bining the July 1, 2000, to June 30, 2001, budgets of the city and county, plus in creases due to inflation.
Operator: local Client: ware Plan: waresblp
District No. 1 WARE Tract: 9503. Block: 133B, 134B, 135, 145, 146, 147, 148, 149, 238A, 238B, 263A, 264 Block Group: 3 Tract: 9504. Block: 201, 202, 203, 204, 205, 243, 258, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 401B, 405B, 408B, 409B, 410B, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426B, 428, 429B, 429C, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442 Tract: 9505. Block: 311B, 311C, 312A, 312B, 335, 402, 403, 404, 405, 406, 410, 411, 412, 413, 417, 418, 419, 420, 421, 422, 423, 424, 425, 431 Tract: 9508. Block: 107, 108, 109, 110, 111, 112, 113, 114, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 201, 202A, 218A, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 302, 303, 304, 305, 310, 311, 312, 313, 314, 315, 316, 317A, 318, 319, 320, 321, 329, 330, 339, 340, 341, 342, 343, 344, 345, 346, 352, 353, 354, 355, 356, 357
District No. 2 WARE Tract: 9504. Block: 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 328, 329, 330, 331, 332, 333, 334 Tract: 9505.

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Block: 432, 433, 434, 435, 436 Tract: 9507. Tract: 9508.
Block: 101, 102, 103, 104, 105, 106, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 301, 306, 307, 308, 309, 322, 323, 324, 325, 326, 327, 328, 331, 332, 333, 334, 335, 336, 337, 338, 347, 348, 349, 350, 351 Tract: 9509. Block: 115A, 115B, 115C, 115D, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 129, 130A, 130B, 130C, 130D, 130E, 131, 132A, 132B, 132C, 133A, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222A, 222B, 223A, 223B, 224, 225A, 225B, 225C, 225D, 225E, 225F, 227A, 227B, 227C, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238A, 239, 240, 241, 242, 243, 244, 245A, 308, 309, 334, 335, Block: 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 361
District No. 3 WARE Tract: 9504. Block: 105, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147 Tract: 9505. Block: 219B, 223B, 225B, 226A, 226B, 227B, 228B, 229B, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 306B, 308B, 309B, 401A, 407, 408, 409, 414, 415, 416, 426, 427, 428, 429, 430, 501C, 502A, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530B, 531, 532 Tract: 9506. Block: 101A, 101B, 110A, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130A, 130B, 132A, 133B, 140, 141, 142, 143, 144, 203A, 203B, 205A, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227 Block Group: 3 Block Group: 4 Block Group: 5
District No. 4 WARE Tract: 9501. Tract: 9502. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 251, 252, 253, 262, 263, 329, 330, 331, 332, 333, 334, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 352, 353, 354A, 354B, 355A, 355B, 356A, 356B Tract: 9508.

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Block: 202B, 203, 204, 205, 206, 207A, 207B, 208A, 208B, 209A, 209B, 210, 211, 212, 213, 214, 215A, 215B, 216A, 216B
District No. 5 WARE Tract: 9502. Block: 230, 231, 250, 254, 255, 256, 257, 258, 259, 260, 261, 351 Tract: 9503. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133A, 134A, 136, 137, 138, 139, 140, 141, 142, 143, 144, 150, 151, 152, 153, 154, 155, 156, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238C, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, Block: 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263B Tract: 9504. Block: 401A, 402, 403, 404, 405A, 406, 407, 408A, 409A, 410A, 426A, 427, 429A Tract: 9505. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 220, 221, 222, 223A, 224, 225A, 227A, 228A, 229A, 230A, 230C, 301, 302, 303, 304, 305, 306A, 307, 308A, 309A, 310, 311A, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 336, 337, 338, 339, 401B, 501A, 501B, 502B, 530A
District No. 6 WARE Tract: 9506. Block: 101C, 101D, 102, 103, 104, 105, 106, 107, 108A, 108B, 108C, 109, HOB, 111, 130C, 130D, 131, 132B, 133A, 133C, 134, 135, 136, 137, 138, 139, 201, 202, 203C, 204, 205B, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240 Block Group: 6 Tract: 9508. Block: 401, 402, 403A, 403B, 403C, 404, 405, 409, 412A, 472A, 550A, 551A, 565 Tract: 9509. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115E, 133B, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 225G, 226, 227D, 238B, 245B, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 301, 302, 303, 304, 305, 306, 307, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 349, 350, 351, 352A, 352B, 353A, 353B, 354, 355, 356, 357, 358, 359, 360A, 360B, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382A, 382B, 382C, 383A, 383B, 384, 385, 386, 387, 388, 389, 390, 391, 392 Block Group: 4

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District No. 7 WARE Tract: 9502. Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 335, 336,
, 337, 357, 358, 359, 360, 361, 362 Block Group: 4
Tract: 9508. Block: 217A, 217B, 218B, 218C, 218D, 218E, 219, 317B, 317C, 403D, 406, 407, 408, 410, 411, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472B, 473, 474, 501A, 501B, 502A, 502B, 503A, 503B, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, Block: 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550B, 551B, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596A, 596B, 597A, 597B
Tract: 9510.

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

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks
Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Hecht
Y Hill Y Hooks Y Huggins
Jackson Y James Y Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen
Perdue Polak

Price.R Price.T Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Walker Y Williams

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On the passage of the local bills, the yeas were 45, nays 0.
The bills on the Local Consent Calendar, except SB 243 and HB 723, having received the requisite constitutional majority, were passed.
SB 243, having received the requisite constitutional majority, was passed as amended.
HB 723, having received the requisite constitutional majority, was passed by substitute.
Senator Thomas of the 54th introduced the doctor of the day, Dr. William McDaniel of Dalton, Georgia.
At 10:52 a.m., the President announced that upon dissolution of the Joint Session, the Senate would stand in recess until 1:00 p.m.
The hour for convening the Joint Session of the Senate and the House having arrived, the President, accompanied by the Secretary of the Senate and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message from the Honorable Daniel R. Glickman, U.S. Secretary of Agricul ture, was called to order by the President of the Senate. HR 375, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.
The Honorable Daniel R. Glickman, U.S. Secretary of Agriculture, addressed the Joint Session of the Senate and House of Representatives.
The President called the Senate to order at 1:00 p.m.
SENATE RULES CALENDAR
Thursday, March 4, 1999 THIRTIETH LEGISLATE DAY

SB 141 Breast Cancer Patient Care Act-provide (H&HS-52nd)

SB 163 Crimes Against Elderly Act of 1999-provide (Substitute) (Judy-34th)

SB 211 Seat Belts-equipment requirements, 4-year olds (Pub Saf-33rd)

SB 94

Health Insurance-prohibit denying coverage of prescription drugs (Substitute)(I&L-55th)

SB 196 Jury Lists-use of certain lists of county citizens (Substitute) (Judy-4th)

SB 195 Rural Hospital Authorities Assistance Act-provide (H&HS-4th)

SB 169 Tax Executions-tax liens, collection (F&PU-34th)

SB 170 Emergency 911-wireless service suppliers (F&PU-47th)

SR 46

Social Security-urge Congressional priority to strengthen, continue (Amendments)(Rules-22nd)

SB 132

Student Discipline-annual filing of reports by local boards of education (Substitute)(Ed-39th)

SB 165

Day-Care Centers-employee records and fingerprint records checks (H&HS-34th)

SB 123

Traffic Signals-monitoring devices to record violations (Substitute)(Amendments)(Pub Saf-39th)

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Respectfully submitted, lal Scott of the 36th, Chairman
Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SB 141. By Senators Marable of the 52nd, Dean of the 31st and Walker of the 22nd: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide for a short title; to pro vide for legislative findings; to provide definitions; to require health insurers to provide coverage for a minimum of inpatient care following a mastectomy or lymph node dissection; to provide for coverage by insurers of postmastectomy and postlymph node dissectomy care.
Senator Thomas of the 54th offered the following amendment: Amend SB 141 as follows: on page 1, line 5 - delete the word "provide" and insert the word "offer" Page 3, line 3, delete the word "provide" and insert the word "offer" Page 3, line 12, delete the word "provide" and insert the word "offer" Page 3, line 22, delete the word "provided" and insert the word "offered" Page 3, line 38, delete the word "provided" and insert the word "offered" On the adoption of the amendment, the yeas were 22, nays 20, and the Thomas of the 54th amendment was adopted.
Senators Marable of the 52nd and Dean of the 31st offered the following amendment: Amend SB 141 by striking lines 15 through 20 of page 3 and inserting in their place the following:
"(d) Any decision as to the length of stay shall be made by the attending physician af ter conferring with the breast cancer patient. (e) If a mastectomy patient is discharged prior to the minimum". By striking line 35 of page 3 and inserting in its place the following: "prior to". On the adoption of the amendment, the yeas were 31, nays 17, and the Marable, Dean amendment was adopted.
Senator Price of the 56th offered the following amendment:
Amend SB 141 by striking "to provide for coverage by insurers of postmastectomy and postlymph node dissectomy care;" from lines 6 through 8 of page 1. By adding "or lymph node dissection" after "mastectomies" on line 41 of page 2. By striking lines 4 through 44 of page 3 and lines 1 through 4 of page 4 and inserting in their place the following:
"licensed health care facility for a length of inpatient care determined by the attending physician after consultation with the patient which is based on the unique clinical characteristics of the patient following a simple mastectomy, a modified radical mas tectomy, or a lymph node dissection."

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By striking "(g)", "(h)", and "(i)", on lines 5, 8, and 18 of page 4 and inserting in their re spective places "(c)", "(d)", and "(e)".

On the adoption of the amendment, the yeas were 25, nays 23, and the Price of the 56th amendment was adopted.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean N Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 2. The bill, having received the requisite constitutional majority was passed as amended.

SB 163. By Senators Hecht of the 34th, Starr of the 44th, Walker of the 22nd and others:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Geor gia Annotated, relating to the offenses of assault and battery, so as to provide enhanced penalties for the commission of offenses of simple assault and bat tery against persons who are 65 years of age or older; to provide a short title.
The Senate Judiciary Committee offered the following substitute to SB 163:
A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the offenses of assault and battery, so as to provide en hanced penalties for the commission of offenses of simple assault and battery against persons who are 65 years of age or older; to provide a short title; to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, known as the "Disabled Adults and Elder Persons Protection Act," so as to provide that certain provisions of law shall not be construed to deny law enforcement personnel who are conducting an investigation into any criminal offense in which an elder person is a victim from having access to such

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records; to change certain provisions relating to penalties; to provide that a violation of Code Section 30-5-8 shall constitute a separate offense; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Crimes Against Elderly Act of 1999."
SECTION 2.
Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the offenses of assault and battery, is amended by striking in its entirety Code Section 16-5-20, relating to the offense of simple assault, and inserting in lieu thereof a new Code Section 16-5-20 to read as follows:
"16-5-20.
(a) A person commits the offense of simple assault when he or she either:
(1) Attempts to commit a violent injury to the person of another; or
(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
(b) Except as provided in subsButiuu subsections (c) and (d) of this Code section, a per son who commits the offense of simple assault shall be guilty of a misdemeanor.
(c) Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state.
(d) Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature."
SECTION 3.
Said article is further amended by striking in its entirety Code Section 16-5-23.1, relat ing to the crime of battery, and inserting in lieu thereof a new Code Section 16-5-23.1 to read as follows:
"16-5-23.1.
(a) A person commits the offense of battery when he or she intentionally causes sub stantial physical harm or visible bodily harm to another.
(b) As used in this Code section, the term 'visible bodily harm' means bodily harm ca pable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.
(c) Except as provided in subsections (d) through fr) (j) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor.
(d) Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days

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for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, however, that it is within the authority and discretion of the sentencing judge to:
(1) Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; or
(2) Suspend, probate, defer, stay, or withhold the minimum sentence where there exists clear and convincing evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice.
(e) Upon a third or subsequent conviction for battery against the same victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. The minimum sentence provisions contained in subsection (d) of this Code section shall apply to sentences imposed pursuant to this subsection.
(f) If the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, fos ter parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence battery and shall be punished as follows:
(1) Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor; and
(2) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be pun ished by imprisonment for not less than one nor more than five years. In no event shall this subsection be applicable to reasonable corporal punishment administered by parent to child.
(g) Any person who commits the offense of battery in a public transit vehicle or sta tion shall, upon conviction thereof, be punished for a misdemeanor of a high and ag gravated nature. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20.
(h) Any person who commits the offense of battery against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misde meanor of a high and aggravated nature.
(i) Any person who commits the offense of battery against a teacher or other school personnel, engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both.
(j) Except as otherwise provided in subsection (e) and paragraph (2) of subsection (f) of this Code section, any person who commits the offense of battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misde meanor of a high and aggravated nature."
SECTION 4.
Chapter 5 of Title 30 of the Official Code of Georgia Annotated, known as the "Disabled Adults and Elder Persons Protection Act," is amended by striking in its entirety Code Section 30-5-7, relating to confidentiality of public records, and inserting in lieu thereof a new Code Section 30-5-7 to read as follows:

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"30-5-7.

All records pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the department shall be confidential; and access thereto by persons other than the department, the director, or the district attorney shall only be by valid subpoena or order of any court of competent jurisdiction. Nothing in this Code section shall be construed to deny law enforcement personnel who are conducting an investigation into any criminal offense in which an elder person is a victim from hav ing access to such records."

SECTION 5.
Said chapter is further amended by striking in its entirety Code Section 30-5-8, relating to criminal offenses and penalties, and inserting in lieu thereof a new Code Section 30-58 to read as follows:
"30-5-8.

(a)(l) In addition to any other provision of law, it ft shall be unlawful for any per son to abuse, neglect, or exploit any disabled adult or elder person.
(2) Except as otherwise provided in Title 16, any Any person violating the provi sions of this subsection shall be guilty of a misdemeanor.

(b)(l) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder per son abuse to fail knowingly and willfully to make such report.
(2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor.
(c) Any violation of this Code section shall constitute a separate offense."

SECTION 6.

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

On the adoption of the substitute, the yeas were 30, nays 3, and the substitute was adopted.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis

Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Muggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land

Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes

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Y Streat Y Tanksley Y Tate

Y Thomas,D Y Thomas,N Y Thompson

Y Walker Y Williams

On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority was passed by substitute.

SB 211. By Senators Thompson of the 33rd, Butler of the 55th, Gingrey of the 37th and Tanksley of the 32nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to sus pension or revocation of licenses of habitually negligent or dangerous drivers and the point system; to change certain provisions relating to seat belt equip ment requirements and safety restraints for children under four years of age.
Senators Balfour of the 9th and Thompson of the 33rd offered the following amendment:
Amend SB 211 by changing on line 15 page 2 to 1 point and changing on line 17 page 2 to 3 points.
On the adoption of the amendment, the yeas were 36, nays 0, and the Balfour, Thomp son amendment was adopted.
Senator Ray of the 48th offered the following amendment:
Amend SB 211 by adding the words "of driver" after the word "Failure" and before the word "to" on page 2, line 15.
On the adoption of the amendment, the yeas were 42, nays 2, and the Ray amendment was adopted.
Senators Price of the 56th and Land of the 16th offered the following amendment:
Amend SB 211 by striking line 15 on page 2.
Senator Price of the 56th 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 as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch N Bowen N Broun, 46th Y Brown, 26th N Brush Y Burton Y Butler N Cable N Cagle N Cheeks N Crotts N Dean Y Egan Y Fort

N Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill N Hooks Y Huggins Y Jackson Y James Y Johnson,D N Johnson,E N Kemp Y Ladd

Y Lamutt N Land Y Lee N Madden Y Marable Y Meyer von Bremen N Perdue Y Polak Y Price,R N Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith

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763

N Starr Y Stephens Y Stokes N Streat

Y Tanksley Y Tate Y Thomas,D Y Thomas.N

Y Thompson Y Walker N Williams

On the passage of the bill, the yeas were 37, nays 19. The bill, having received the requisite constitutional majority, was passed as amended.

SB 94. By Senators Butler of the 55th, James of the 35th, Johnson of the 2nd and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to general provisions relative to insurance generally, so as to prohibit certain individual major medical or group health insurance policies, group health plans or policies, and all other forms of managed or capitated health care plans or policies from denying or limiting coverage for certain prescription drugs.
The Senate Insurance and Labor Committee offered the following substitute to SB 94:
A BILL
To be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, so as to prohibit certain individual major medical or group health insurance policies, group health plans or policies, and all other forms of managed or capitated health care plans or policies from denying or limiting certain coverage for certain prescription drugs; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, is amended by adding at the end thereof a new Code Section 33-24-59.4 to read as follows:
"33-24-59.4.
No individual major medical or group health insurance policy, group health insurance plan or policy, or any other form of managed or capitated health care plans or policies issued, delivered, issued for delivery, or renewed on or after July 1, 1999, containing coverage for prescription drugs and pharmaceuticals shall deny or limit coverage for prescription inhalants required to enable persons to breathe when suffering from asthma or other life-threatening bronchial ailments based upon any restriction on the number of days before an inhaler refill may be obtained if, contrary to such restric tions, such inhalants have been ordered or prescribed by the treating physician."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Gingrey of the 37th offered the following amendment:
Amend the committee substitute to SB 94 by adding the word "specific" before prescrip tion on line 22
Adding the word "these" before prescription on line 23
Adding "medications which have been ordered by a duly licensed health care provider" after prescription on line 23

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Deleting lines 23, 24, 25, 26, 27, 28, & 29 beginning after "prescription" on line 23.

Senator Gingrey of the 37th asked unanimous consent that his amendment be with drawn. The consent was granted, and the amendment was withdrawn.

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

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th N Brush Y Burton Y Butler Y Cable N Cagle N Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison N Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D N Johnson,E Y Kemp Y Ladd N Lamutt N Land Y Lee Y Madden Y Marable N Meyer von Bremen N Perdue Y Polak

Y Price,R N Price.T Y Ragan N Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 41, nays 14.
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 follow ing bill of the Senate:
SB 57. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to provide for the Georgia Regional Transportation Authority; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change certain provisions relating to transit ser vices with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Governor's Development Council.
The Calendar was resumed.

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765

SB 196. By Senators Hill of the 4th and Jackson of the 50th:

A bill to amend Code Section 15-12-40 of the Official Code of Georgia Anno tated, relating to compilation, maintenance, and revision of jury lists, so as to authorize the use of or reference to certain lists and compilations of citizens of the county.

The Senate Judiciary Committee offered the following substitute to SB 196:

A BILL

To be entitled an Act to amend Code Section 15-12-40 of the Official Code of Georgia An notated, relating to compilation, maintenance, and revision of jury lists, so as to author ize the use of certain lists and compilations of citizens of the county; to provide for re lated matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 15-12-40 of the Official Code of Georgia Annotated, relating to compilation, maintenance, and revision of jury lists, is amended by striking paragraph (1) of subsec tion (a) and inserting in its place a new paragraph to read as follows:

"(1) At least biennially, unless otherwise directed by the chief judge of the superior court, the board of jury commissioners shall compile, maintain, and revise a trial jury list of upright and intelligent citizens of the county to serve as trial jurors and a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing the trial jury list, the board of jury commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county. The board may use lists and data including citizens of the county, including, but not limited to, any list or compilation of persons in the county applying for drivers' licenses, registering motor vehicles, claiming homestead exemptions, purchasing real property, paying income or ad valorem taxes, receiving utility or water service, voter registration lists, or any other list or compilation of citizens of the county reasonably believed to contain a fair cross section of citizens of the county. In composing the grand jury list, the board of jury commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county.

SECTION 2.

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

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler

Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis

Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins

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Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable

Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr

Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 56, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 195. By Senators Hill of the 4th, Stokes of the 43rd, Madden of the 47th and others:

A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Geor gia Annotated, the "Hospital Authorities Law," so as to provide for a short ti tle and legislative intent and findings; to provide for definitions; to provide for the certification of certain rural hospitals for grant eligibility; to provide for the award of grants to certain rural hospitals under certain conditions and for certain purposes.

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed.

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767

The following bill was taken up to consider House action thereto:
SB 57. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to provide for the Georgia Regional Transportation Authority; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change certain provisions relating to transit ser vices with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Governor's Development Council.
The House substitute was as follows:
A BILL
To be entitled an Act to provide for the Georgia Regional Transportation Authority; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain provisions relating to receipt of federal funds by the state and inconsistency between provisions of state and federal law; to change certain provisions relating to appropriation of federal funds to the Department of Transporta tion; to change certain provisions relating to priority of expenditures from the State Pub lic Transportation Fund; to change certain provisions relating to transit services with lo cal governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meet ings of the Governor's Development Council; to change certain provisions relating to at tachment of the council for administrative purposes and technical support; to amend Ti tle 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Regional Transportation Authority; to provide a short title; to define certain terms; to provide for the membership, appointment, and terms of members of the authority; to provide for the purposes, status, jurisdiction, powers, duties, rights, proce dures, immunities, personnel, and resources of the authority; to provide for the creation and activation of special districts; to provide for land transportation and air quality projects within such special districts; to provide for financing of projects related to the purposes of the authority; to provide that certain projects shall not be commenced nor funds be expended by the state, political subdivisions, or departments, agencies, or au thorities thereof under certain circumstances; to provide for the issuance of revenue bonds, guaranteed revenue bonds, bonds, notes, obligations, and other evidences of in debtedness under certain terms and conditions; to provide tax exemptions for the au thority and the bonds thereof; to provide for land transportation and air quality services by local governments; to provide that certain funds shall be withheld from local govern ments under certain circumstances; to provide that certain prohibitions of expenditures or withholding of funds by the authority shall not effect certain budgeted allocations of funds; to provide for legislative intent; to change certain provisions relating to defini tions relative to the Georgia Environmental Facilities Authority; 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.

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Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking subsection (b) of Code Section 32-5-1, relating to receipt of federal funds by the state and inconsistency between provisions of state and federal law, and inserting in lieu thereof the following:
"(b) If any provisions of this chapter are inconsistent with or contrary to any laws, rules, regulations, or other requirements of the United States Department of Trans portation or other federal agencies, the Georgia Department of Transportation is au thorized and empowered to waive such provisions of this chapter in order to resolve any such inconsistency or conflict, it being the purpose of this chapter to enable the department to comply with any requirement of the federal government in order to pro cure all possible federal aid and assistance for the construction or maintenance of the public roads of Georgia and other public transportation purposes."
SECTION 2.
Said title is further amended by striking Code Section 32-5-2, relating to appropriation of federal funds to the Department of Transportation, and inserting in lieu thereof the following:
"32-5-2.
(a) All federal funds received by the director of the Office of Treasury and Fiscal Ser vices under Code Section 32-5-1 are continually appropriated to the department for the purpose specified in the grants of such funds, provided that no federal funds or funds appropriated to the department shall be expended for procurement of rights of way for a road to be constructed on a county road system except as otherwise provided by law or by agreement between the federal government and the department.
(b) Federal funds appropriated to the department pursuant to subsection (a) of this Code section shall be budgeted annually such that, of the total of all federal funds ap propriated to the department and all federal funds granted to the Georgia Regional Transportation Authority, at least 70 percent of such total is divided equally, or as nearly equal as practical, among the congressional districts in this state for public road or other public transportation purposes in such districts."
SECTION 3.
Said title is further amended by striking Code Section 32-5-21, relating to priority of ex penditures from the State Public Transportation Fund, and inserting in lieu thereof the following:
"32-5-21.
(a) Subject to the restrictions on expenditures imposed by Code Section 32-5-23, the State Public Transportation Fund shall be expended by the department in the follow ing order:
(1) To pay the rentals on lease contracts entered into pursuant to the authority of the Constitution of Georgia;
(2) To pay into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund the amount of the highest annual debt service requirements for an issue of guaranteed revenue debt for public road projects initiated pursuant to Code Section 32-10-67, upon its issuance, when the guarantee of the specific issue has been au thorized by an appropriation of moneys governed by Article III, Section IX, Para graph VI(b) of the Constitution and the appropriation meets the requirements for such debt as provided by Article VII, Section IV, Paragraph IH(b) of the Constitution;

THURSDAY, MARCH 4, 1999

769

(3) To pay the costs of operating the department and for any emergencies or unu sual situations;
(4) To pay the costs necessary to comply with the conditions of federal-aid appor tionments to the state for the planning, surveying, constructing, paving, and improv ing of the public roads in Georgia;
(5) Next, a sum equal to at least 15 percent of the State Public Transportation Fund, said sum to be used as follows:
(A) One-third to pay all or part of the costs of the planning, surveying, construct ing, improving, paving, and completing public roads not on the state highway system;
(B) One-third to pay all or part of the costs of planning, surveying, constructing, improving, and paving public roads on the state highway system; and
(C) The remaining one-third to pay all or part of the costs of planning, surveying, constructing, reconstructing, paving, and improving the public roads of Georgia determined by the department to be most in need of such work; and
(6) After the requirements set out in the foregoing provisions of this Cudu sucliun subsection have been met, the remainder of the State Public Transportation Fund to be expended to pay the costs of maintaining, improving, constructing, and recon structing the public roads of the state highway system, for maintaining roads within and leading to state parks, and for constructing public roads by department forces.
(b) The subtotal of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6) of subsection (a) of this Code section shall be budgeted an nually such that at least 70 percent of such subtotal is divided equally, or as nearly equal as practical, among the congressional districts in this state for public road pur poses in such districts."
SECTION 4.
Said title is further amended by striking Code Section 32-9-11, relating to transit ser vices with local governments, and inserting in lieu thereof the following:
"32-9-11.
(a) As used in this Code section, the term:
(1) 'Local government' means any county, municipality, or political subdivision of this state, or any combination thereof.
(2) 'Transit agency" means any public agency, public corporation, or public authority existing under the laws of this state that is authorized by any general, special, or lo cal law to provide any type of transit services within any area of this state but shall not include the Department of Transportation, the Georgia Regional Transportation Authority, or the Georgia Rail Passenger Authority.
(3) 'Transit facilities' means everything necessary and appropriate for the convey ance and convenience of passengers who utilize transit services.
(4) 'Transit services' means all modes of transportation serving the general public which are appropriate to transport people and their personal effects by highway or other ground conveyance but does not include rail conveyance.
(b) Any transit agency may, by contract with any local government for any period not exceeding 50 years, provide transit services or transit facilities for, to, or within that local government or between that local government and any area in which such

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JOURNAL OF THE SENATE

transit agency provides transit services or transit facilities, except that if such services or facilities are to be funded wholly or partially by fees, assessments, or taxes levied and collected within a special district created pursuant to Article DC, Section II, Para graph VI of the Constitution, such contract may only become effective if it is approved by a majority of the qualified voters voting in such local government in a special elec tion which shall be called and conducted for that purpose by the election superinten dent of such local government. Any services provided by a transit agency pursuant to a contract authorized by this subsection shall be conditioned upon such services being included in a plan for transit services adopted or approved by the governing authority of the county and by the governing authorities of any municipalities within which transit services are to be provided as provided in the plan.
(c) The purpose of this Code section is to facilitate the exercise of the power to provide public transportation services conferred by Article IX, Section II, Paragraph III of the Constitution. This Code section does not repeal any other law conferring the power to provide public transportation services or prescribing the manner in which such power is to be exercised. This Code section does not restrict the power of the Department of Transportation, the Georgia Regional Transportation Authority, or the Georgia Rail Passenger Authority to contract with any local government to provide transit services or transit facilities, including but not limited to rail transit services and facilities, pur suant to Article IX, Section III, Paragraph I of the Constitution."
SECTION 5.
Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, is amended by striking Code Section 45-12203, relating to composition, appointment of members, and meetings of the Governor's Development Council, and inserting in lieu thereof the following:
"45-12-203.
\8i) JVlt;lllljt;i'Slj-ip Oil Llit; CuliilCll olio.ll Uc iiS iulluwB. Lil \jhjvci'inji' Ol* Llltl VJOVci'ilOl S iltJS~
emu. tuUi'lani, Lliti COliilmfeaiuiitii' OI juaLui'cil rcSOUi'ueS, tllti COliiiiiiiiiiuiitil Ol Li'&iiSpOrtil.-
liuiij Lllct Jj.i'cCtui OI Llit; (JltlC^01 J: Iciiililll^ ciliCl 13 liu^^L, Lllc cJi.tCU.LlVt; Uiic^LOl1 OI Lll^
tjrcui j^ia ILiiVit'uiiliitiIlL<il J.'aCilj.Li.cd AdLliui iL^y ? &uu IilJ.it; ^ji'iVtiLt; scuLui iiiclilutil'S ct^j~ ^uiiiLcu. 0^""tll6"vjrOVoi'llui. Jri'iV<il/c SeCLui liiciiiLicis slicill O SiileCLcCl 111 SUCli <i W &y LlictL Llic_y i'ii^jl esciiL Lllti ^tivjj^i' cij^lilCeil UQ.u. ciiOliOllllO tlivci^lty OI Llna 8L<iL^ tO LJ.ic iiickXHkiU.10 ctX.LtillL l^cisiuic. All j^ti i v ct Lc HCUWJI iilcillljd-s Slid.ll ticl'Vti a.L die jjiciBui'^ ul llic vjrOvci1"
nor The members of the board of directors of the Georgia Regional Transportation Au thority provided by Code Section 50-32-4, upon their initial appointment and thereaf ter, shall constitute the membership of the council. Membership on that authority or the council shall not constitute an appointment to an office of honor or trust for pur poses of subsection (a) of Code Section 50-32-4.
(b) The Quvemui shall designate The chair of the Georgia Regional Transportation Authority shall serve as the chair of the council.
(c) The council shall hold meetings as often as the chair determines, but not more than 12 days each year. The chair may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the council. A majority of the Nine members of the council shall constitute a quorum for conducting business. No member may act through a proxy, designee, or delegate ejumyt fui the Ouveiuui as utuvidtid hi subsectkm (a) uf lias Guile section. The council may establish, from time

THURSDAY, MARCH 4, 1999

771

to time, such additional rules and procedures as the council deems appropriate for conducting the council's business. These rules and procedures may be established in bylaws or in such other form as the council deems appropriate."

SECTION 6.

Said article is further amended by striking Code Section 45-12-205, relating to attach ment of the Governor's Development Council for administrative purposes and technical support, and inserting in lieu thereof the following:
"45-12-205.

The council shall be attached to the Office uf Planning and Budget Department of Community Affairs for administrative purposes. The Department of Community Af fairs and the Office of Planning and Budget shall provide technical support to the council as directed by the chair and approved by the Governor."

SECTION 7.

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Chapter 32 to read as follows:

50-32-1.

"CHAPTER 32 ARTICLE 1

This chapter shall be known and may be cited as the 'Georgia Regional Transportation Authority Act.'
50-32-2.

As used in this chapter, the term:

(1) 'Authority" means the Georgia Regional Transportation Authority. (2) 'Bond' includes any revenue bond, bond, note, or other obligation.

(3) 'Clean Air Act' means the federal Clean Air Act, as amended in 1990 and codi fied at 42 U.S.C.A. Sections 7401 to 7671q.

(4) 'Cost of project' or 'cost of any project' means:
(A) All costs of acquisition, by purchase or otherwise, construction, assembly, in stallation, modification, renovation, extension, rehabilitation, operation, or mainte nance incurred in connection with any project, facility, or undertaking of the au thority or any part thereof;
(B) All costs of real property or rights in property, fixtures, or personal property used in or in connection with or necessary for any project, facility, or undertaking of the authority or for any facilities related thereto, including but not limited to, the cost of all land, interests in land, estates for years, easements, rights, im provements, water rights, and connections for utility services; the cost of fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of prepara tion of any application therefor; and the cost of all fixtures, machinery, equip ment, furniture, and other property used in or in connection with or necessary for any project, facility, or undertaking of the authority;

(C) All financing charges, bond insurance or other credit enhancement fee, and loan or loan guarantee fees and all interest on revenue bonds, notes, or other obli gations of the authority which accrue or are paid prior to and during the period of

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construction of a project, facility, or undertaking of the authority and during such additional period as the authority may reasonably determine to be necessary to place such project, facility, or undertaking of the authority in operation;
(D) All costs of engineering, surveying, planning, environmental assessments, fi nancial analyses, and architectural, legal, and accounting services and all ex penses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, accountants, and any other necessary technical personnel in connection with any project, facility, or undertaking of the authority or the issuance of any bonds, notes, or other obligations for such project, facility, or undertaking;
(E) All expenses for inspection of any project, facility, or undertaking of the authority;
(F) All fees of fiscal agents, paying agents, and trustees for bond owners under any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, bond registrar, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, revenue bonds, notes, or other obligations for any project, facility, or undertaking of the authority, including bond insurance or credit en hancement fee;
(G) All fees of any type charged by the authority in connection with any project, facility, or undertaking of the authority;
(H) All expenses of or incidental to determining the feasibility or practicability of any project, facility, or undertaking of the authority;
(I) All costs of plans and specifications for any project, facility, or undertaking of the authority;
(J) All costs of title insurance and examinations of title with respect to any pro ject, facility, or undertaking of the authority;
(K) Repayment of any loans for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans;
(L) Administrative expenses of the authority and such other expenses as may be necessary or incidental to any project, facility, or undertaking of the authority or the financing thereof or the placing of any project, facility, or undertaking of the authority in operation; and
(M) The establishment of a fund or funds for the creation of a debt service re serve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project, facility, or undertaking of the authority and as may be authorized by any bond resolution, trust agreement, indenture, or trust or similar instrument or agree ment pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized.
Any cost, obligation, or expense incurred for any of the purposes specified in this paragraph shall be a part of the cost of the project, facility, or undertaking of the authority and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes, or other obligations issued by the authority or as otherwise authorized by this chapter.
(5) 'County' means any county created under the Constitution or laws of this state.

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(6) 'Facility' shall have the same meaning as 'project.'
(7) 'Local government' or 'local governing authority1 means any municipal corpora tion or county or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state.
(8) 'May" means permission and not command.
(9) 'Municipal corporation' or 'municipality' means any city or town in this state.
(10) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of in debtedness, debt, or other obligation of the authority, the state, or local governments which are authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds.
(11) 'Office of profit or trust under the state' means any office created by or under the provisions of the Constitution, but does not include elected officials of county or local governments.
(12) 'Project' means the acquisition, construction, installation, modification, renova tion, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, in stallation, modification, renovation, repair, extension, renewal, replacement, rehabil itation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential pub lic purpose of providing facilities and services to meet land public transportation needs and environmental standards and to aid in the accomplishment of the pur poses of the authority.
(13) 'Revenue bond' includes any bond, note, or other obligation payable from reve nues derived from any project, facility, or undertaking of the authority.
(14) 'State-wide transportation improvement program' means a staged, multiyear, state-wide, intermodal program defined in 23 C.F.R. Section 450.104 which contains transportation projects consistent with the state-wide transportation plan and plan ning processes and metropolitan plans, transportation improvement programs, and processes.
(15) 'State-wide transportation plan' means the official state-wide, intermodal trans portation plan as defined in 23 C.F.R. Section 450.104 that is developed through the state-wide transportation planning process.
(16) "Transportation improvement program' means a staged, multiyear, intermodal program as defined in 23 C.F.R. Section 450.104 and consisting of transportation projects which is consistent with the metropolitan transportation plan.
(17) 'Undertaking' shall have the same meaning as 'project.'
50-32-3.
(a) There is created the Georgia Regional Transportation Authority as a body corpo rate and politic, which shall be deemed an instrumentality of the State of Georgia and a public corporation thereof, for purposes of managing or causing to be managed land transportation and air quality within certain areas of this state; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state.

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(b) The management of the business and affairs of the authority shall be vested in a board of directors, subject to the provisions of this chapter and to the provisions of by laws adopted by the board as authorized by this chapter. The board of directors shall make bylaws governing its own operation and shall have the power to make bylaws, rules, and regulations for the government of the authority and the operation, manage ment, and maintenance of such projects as the board may determine appropriate to undertake from time to time.
(c) Except as otherwise provided in this chapter, a majority of the members of the board then in office shall constitute a quorum for the transaction of business. The vote of a majority of the members of the board present at the time of the vote, if a quorum is present at such time, shall be the act of the board unless the vote of a greater number is required by law or by the bylaws of the board of directors. The board of directors, by resolution adopted by a majority of the full board of directors, shall designate from among its members an executive committee and one or more other committees, each consisting of two or more members of the board, which shall have and exercise such authority as the board may delegate to it under such proce dures as the board may direct by resolution establishing such committee or committees.
(d) No vacancy on the authority shall impair the right of a majority of the appointed members from exercising all rights and performing all duties of the authority. The au thority shall have perpetual existence. Any change in the name or composition of the authority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter.
50-32-4.
(a) The initial board of directors of the authority shall consist of 15 members. All members of the board and their successors shall be appointed for terms of five years each, except that the initial terms for eight members of the board appointed in 1999 shall be three years each; and the particular beginning and ending dates of such terms shall be specified by the Governor. All members of the board shall be appointed by the Governor of the State of Georgia and shall serve until the appointment and qualification of a successor, except as otherwise provided in this Code section. Said members shall be appointed so as to reasonably reflect the characteristics of the gen eral public within the jurisdiction or potential jurisdiction of the authority, subject to the provisions of subsection (d) of this Code section. No person holding any other of fice of profit or trust under the state shall be appointed to membership. The chair of the board of directors shall be appointed and designated by the Governor.
(b) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. A person appointed to fill a vacancy shall serve for the unexpired term. No vacancy on the board shall impair the right of the quorum of the remaining members then in of fice to exercise all rights and perform all duties of the board.
(c) The members of the board of directors shall be entitled to and shall be reimbursed for their actual travel expenses necessarily incurred in the performance of their duties and, for each day actually spent in the performance of their duties, shall receive the same per diem as do members of the General Assembly.
(d) Members of the board of directors may be removed by executive order of the Gov ernor for misfeasance, malfeasance, nonfeasance, failure to attend three successive meetings of the board without good and sufficient cause, abstention from voting unless

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authorized under subsection (g) of this Code section, or upon a finding of a violation of Code Section 45-10-3 pursuant to the procedures applicable to that Code section; and the action of the Governor shall be final and nonreviewable. A violation of Code Sec tion 45-10-3 may also subject a member to the penalties provided in subparagraphs (a)(l)(A), (aXD(B), and (a)(l)(C) of Code Section 45-10-28, pursuant to subsection (b) of Code Section 45-10-28. In the event that a vacancy or vacancies on the board renders the board able to obtain a quorum but unable to obtain the attendance of a number of members sufficient to constitute such supermajorities as may be required by this chapter, the board shall entertain no motion or measure requiring such a supermajority until a number of members sufficient to constitute such super-majority is present, and the Governor shall be immediately notified of the absence of members.
(e) The members of the authority shall be subject to the applicable provisions of Chap ter 10 of Title 45, including without limitation Code Sections 45-10-3 through 45-10-5. The members of the authority shall be accountable in all respects as trustees. The au thority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to the state auditor on or about the close of the state's fiscal year. The books and records shall be inspected and audited by the state auditor at least once in each year.
(f) Meetings of the board of directors, regular or special, shall be held at the time and place fixed by or under the bylaws, with no less than five days public notice for regu lar meetings as prescribed in the bylaws, and such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings as prescribed in the bylaws. Meetings of the board may be called by the chairperson or by such other person or persons as the bylaws may authorize. Notice of any regular or special meeting shall be given to the Governor at least five days prior to such meet ing, unless the Governor waives such notice requirement, and no business may be transacted at any meeting of the board unless and until the Governor has acknowl edged receipt of or waived such notice.
(g) All meetings of the board of directors shall be subject to the provisions of Chapter 14 of this title. A written record of each vote taken by the board, specifying the yea or nay vote or absence of each member as to each measure, shall be transmitted promptly to the Governor upon the adjournment of each meeting. No member may abstain from a vote other than for reasons constituting disqualification to the satisfac tion of a majority of a quorum of the board on a record vote.
(h) The authority is assigned to the Department of Community Affairs for administra tive purposes only.
ARTICLE 2
50-32-10.
(a)(l) This chapter shall operate uniformly throughout the state.
(2)(A) The initial jurisdiction of the authority for purposes of this chapter shall encompass the territory of every county which was designated by the United States Environmental Protection Agency (USEPA) in the Code of Federal Regula tions as of December 31, 1998, as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter.

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(B) The jurisdiction of the authority for purposes of this chapter shall also encom pass the territory of every county designated by the USEPA in the Code of Fed eral Regulations after December 31, 1998, as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter, provided that the jurisdictional area encom passed under this subparagraph shall be contiguous with the jurisdictional area encompassed under subparagraph (A) of this paragraph.
(b)(l) Within three months of the effective date of this chapter, the director of the Environmental Protection Division shall report and certify to the authority and the Governor, pursuant to criteria established by that division, counties which are rea sonably expected to become nonattainment areas under the Clean Air Act within seven years from the date of such report and certification, and shall update such re port and certification every six months thereafter. Within the geographic territory of any county so designated, the board shall provide, by resolution or regulation, that the funding, planning, design, construction, contracting, leasing, and other re lated facilities of the authority shall be made available to county and local govern ments for the purpose of planning, designing, constructing, operating, and maintain ing land public transportation systems and other land transportation projects, air quality installations, and all facilities necessary and beneficial thereto, and for the purpose of designing and implementing designated metropolitan planning organiza tions' land transportation plans and transportation improvement programs, on such terms and conditions as may be agreed to between the authority and such county or local governments.
(2) By resolution of the county governing authority, the special district created by this chapter encompassing the territory of any county reported and certified pursu ant to paragraph (1) of this subsection may be activated for the purposes of this chapter, or such county may be brought within the jurisdiction of the authority by resolution of the governing authority.
(3) The jurisdiction of the authority for purposes of this chapter shall be extended to the territory of any county the territory of which is not contiguous with the jurisdic tion established by subsection (a) of this Code section which is designated by the USEPA in the Code of Federal Regulations as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter. Upon any such county coming within the jurisdic tion of the authority, a single member shall be added to the board, together with an additional member for each 200,000 persons above the number of 200,000 persons forming the population of such county according to the 1990 United States decennial census or any future such census.
(c) Upon acquiring jurisdiction over the territory of any county, the authority's juris diction over such territory shall continue until 20 years have elapsed since the later of the date such county was redesignated by the USEPA as in attainment under the Clean Air Act or such designation by the USEPA is no longer made.
(d)(l) Upon the lapse of the authority's jurisdiction over a geographic area pursuant to the provisions of this Code section, the authority shall have the power to enter into such contracts, lease agreements, and other instruments necessary or conve nient to manage and dispose of real property and facilities owned or operated by the authority within such geographic area, and shall dispose of all such property not

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more than five years after the lapse of such jurisdiction, but shall retain jurisdiction for the purpose of operating and managing such property and facilities until their fi nal disposition.
(2) The provisions of this subsection shall be implemented consistent with the terms of such contracts, lease agreements, or other instruments or agreements as may be necessary or required to protect federal interests in assets purchased, leased, or con structed utilizing federal funding in whole or in part, and the authority is empow ered to enter into such contracts, lease agreements, or other instruments or agree ments with appropriate federal agencies or other representatives or instrumentalities of the federal government from time to time as necessary to achieve the purposes of this chapter and the protection of federal interests.
50-32-11.
(a) The authority shall have the following general powers:
(1) To sue and be sued in all courts of this state, the original jurisdiction and venue of any such action being the Superior Court of Fulton County unless such action in volves property of the authority located in another county;
(2) To have a seal and alter the same at its pleasure;
(3) To plan, design, acquire, construct, add to, extend, improve, equip, operate, and maintain or cause to be operated and maintained land public transportation systems and other land transportation projects, and all facilities and appurtenances neces sary or beneficial thereto, within the geographic area over which the authority has jurisdiction, or which cross county boundaries within or on the periphery of the geo graphic area over which the authority has jurisdiction for such purposes pursuant to this chapter, and to contract with any state, regional, or local government, author ity, or department, or with any private person, firm, or corporation, for those pur poses, and to enter into contracts and agreements with the Georgia Department of Transportation, county and local governments, and transit system operators for those purposes;
(4) To plan, design, acquire, construct, add to, extend, improve, equip, operate, and maintain or cause to be operated and maintained air quality control installations, and all facilities and appurtenances necessary or beneficial thereto, within the geo graphic area over which the authority has jurisdiction for such purposes pursuant to this chapter, and to contract with any state, regional, or local government, author ity, or department, or with any private person, firm, or corporation, for those pur poses; provided, however, that where such air quality control measures are included in an applicable implementation plan, they shall be approved by the Environmental Protection Division of the state Department of Natural Resources and by the United States Environmental Protection Agency where necessary to preserve their protected status during any conformity lapse;
(5) To make and execute contracts, lease agreements, and all other instruments nec essary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, such contracts, leases, or instruments to include contracts for acquisition, construction, operation, management, or mainte nance of projects and facilities owned by local government, the authority, or by the state or any political subdivision, department, agency, or authority thereof, and to include contracts relating to the execution of the powers of the authority and the disposal of the property of the authority from time to time; and any and all local governments, departments, institutions, authorities, or agencies of the state are au-

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thorized to enter into contracts, leases, agreements, or other instruments with the authority upon such terms and to transfer real and personal property to the author ity for such consideration and for such purposes as they deem advisable;
(6) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in fur therance of the public purpose of the authority, in compliance, where required, with applicable federal law including without limitation the Uniform Relocation Assis tance and Real Property Acquisition Policies Act of 1970, as amended, 40 U.S.C. Sec tion 4601 et seq., 23 C.F.R. Section 1.23, and 23 C.F.R. Section 713(c);
(7) To appoint an executive director who shall be executive officer and administra tive head of the authority. The executive director shall be appointed and serve at the pleasure of the authority. The executive director shall hire officers, agents, and em ployees, prescribe their duties and qualifications and fix their compensation, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director;
(8) To finance projects, facilities, and undertakings of the authority for the further ance of the purposes of the authority within the geographic area over which the au thority has jurisdiction by loan, loan guarantee, grant, lease, or otherwise, and to pay the cost of such from the proceeds of bonds, revenue bonds, notes, or other obli gations of the authority or any other funds of the authority or from any contribu tions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use;
(9) To extend credit or make loans or grants for all or part of the cost or expense of any project, facility, or undertaking of a political subdivision or other entity for the furtherance of the purposes of the authority within the geographic area over which the authority has jurisdiction upon such terms and conditions as the authority may deem necessary or desirable; and to adopt rules, regulations, and procedures for making such loans and grants;
(10) To borrow money to further or carry out its public purpose and to issue guaran teed revenue bonds, revenue bonds, notes, or other obligations to evidence such loans and to execute leases, trust indentures, trust agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to se cure debt, trust deeds, security agreements, assignments, and such other agree ments or instruments as may be necessary or desirable in the judgment of the au thority, and to evidence and to provide security for such loans;
(11) To issue guaranteed revenue bonds, revenue bonds, bonds, notes, or other obli gations of the authority, to receive payments from the Department of Community Affairs, and to use the proceeds thereof for the purpose of:
(A) Paying or loaning the proceeds thereof to pay, all or any part of, the cost of any project or the principal of and premium, if any, and interest on the revenue bonds, bonds, notes, or other obligations of any local government issued for the purpose of paying in whole or in part, the cost of any project and having a final maturity not exceeding three years from the date of original issuance thereof;
(B) Paying all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out the purposes of the authority; and
(C) Paying all costs of the authority incurred in connection with the issuance of the guaranteed revenue bonds, revenue bonds, bonds, notes, or other obligations;

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(12) To collect fees and charges in connection with its loans, commitments, manage ment services, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be ap proved by the authority;
(13) Subject to any agreement with bond owners, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following:
(A) Bonds or other obligations of the state or bonds or other obligations, the prin cipal and interest of which are guaranteed by the state;
(B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government;
(C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Bank for Cooperatives;
(D) Bonds or other obligations issued by any public housing agency or municipal ity in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both princi pal and interest by a requisition, loan, or payment agreement with the United States government;
(E) Certificates of deposit of national or state banks or federal savings and loan associations located within the state which have deposits insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation and certificates of deposit of state building and loan associations located within the state which have deposits insured by any Georgia deposit insurance corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of de posit in excess of the amount insured by the Federal Deposit Insurance Corpora tion or any Georgia deposit insurance corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess:
(i) Direct and general obligations of the state or of any county or municipality in the state;
(ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph;
(iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or
(iv) Bonds, obligations, or project notes of public housing agencies, urban re newal agencies, or municipalities included in subparagraph (D) of this paragraph;

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(F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recog nized as a primary dealer by the Federal Reserve Bank of New York having capi tal aggregating at least $50 million or with any corporation which is subject to re gistration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with re spect to the investment or reinvestment of such moneys; and
(G) State operated investment pools;
(14) To acquire or contract to acquire from any person, firm, corporation, local gov ernment, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, ex change, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same; and local government is authorized to grant, sell, or otherwise alienate lease holds, real and personal property, or any interest therein to the authority;
(15) Subject to applicable covenants or agreements related to the issuance of bonds, to invest any moneys held in debt service funds or sinking funds not restricted as to investment by the Constitution or laws of this state or the federal government or by contract not required for immediate use or disbursement in obligations of the types specified in paragraph (13) of this subsection, provided that, for the purposes of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service, which debt service shall be the principal installments and interest payments, schedule for which such moneys are to be applied;
(16) To provide advisory, technical, consultative, training, educational, and project assistance services to the state and local government and to enter into contracts with the state and local government to provide such services. The state and local governments are authorized to enter into contracts with the authority for such ser vices and to pay for such services as may be provided them;
(17) To make loan commitments and loans to local governments and to enter into option arrangements with local governments for the purchase of said bonds, revenue bonds, notes, or other obligations;
(18) To sell or pledge any bonds, revenue bonds, notes, or other obligations acquired by it whenever it is determined by the authority that the sale thereof is desirable;
(19) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instru mentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(20) To lease to local governments any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state;

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(21) To contract with state agencies or any local government for the use by the au thority of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority and such state agencies and local governments are authorized to enter into such contracts;
(22) To extend credit or make loans, including the acquisition of bonds, revenue bonds, notes, or other obligations of the state, any local government, or other entity, including the federal government, for the cost or expense of any project or any part of the cost or expense of any project, which credit or loans may be evidenced or se cured by trust indentures, loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, or assignments, on such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of re serve funds; and, in the exercise of powers granted by this chapter in connection with any project, the authority shall have the right and power to require the inclu sion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provi sions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and condi tions as the authority may deem necessary or desirable;
(23) As security for repayment of any bonds, revenue bonds, notes, or other obliga tions of the authority, to pledge, lease, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority including, but not limited to, real property, fixtures, personal property, and revenues or other funds and to execute any lease, trust indenture, trust agreement, agreement for the sale of the author ity's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or in strument as may be necessary or desirable, in the judgment of the authority, to se cure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the author ity upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition con tained in any such agreement or instrument;
(24) To receive and use the proceeds of any tax levied to pay all or any part of the cost of any project or for any other purpose for which the authority may use its own funds pursuant to this chapter;
(25) To use income earned on any investment for such corporate purposes of the au thority as the authority in its discretion shall determine, including, but not limited to, the use of repaid principal and earnings on funds, the ultimate source of which was an appropriation to a budget unit of the state to make loans for projects;
(26) To cooperate and act in conjunction with industrial, commercial, medical, scien tific, public interest, or educational organizations; with agencies of the federal gov ernment and this state and local government; with other states and their political subdivisions; and with joint agencies thereof and such state agencies, local govern ment, and joint agencies are authorized and empowered to cooperate and act in con junction, and to enter into contracts or agreements with the authority and local gov ernment to achieve or further the purposes of the authority;

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(27) To coordinate and assist in planning for land transportation and air quality purposes within the geographic area over which the authority has jurisdiction pur suant to this chapter, between and among all state, regional, and local authorities charged with planning responsibilities for such purposes by state or federal law, and to adopt a regional plan or plans based in whole or in part on such planning;
(28) To review and make recommendations to the Governor concerning all proposed regional land transportation plans and transportation improvement programs pre pared by metropolitan planning organizations wholly or partly within the geographic area over which the authority has jurisdiction pursuant to this chapter, and to nego tiate with such metropolitan planning organizations concerning changes or amend ments to such plans which may be recommended by the authority or the Governor consistent with applicable federal law and regulation, and to adopt such regional plans as all or a portion of its own regional plans;
(29) To review and make recommendations to the Governor concerning all land transportation plans and transportation improvement programs prepared by the De partment of Transportation involving design, construction, or operation of land transportation facilities wholly or partly within the geographic area over which the authority has jurisdiction pursuant to this chapter, and to negotiate with that de partment concerning changes or amendments to such plans which may be recom mended by the authority or the Governor consistent with applicable federal law and regulation, and to adopt such plans as all or a portion of its own regional plans;
(30) To acquire by the exercise of the power of eminent domain any real property or rights in property which it may deem necessary for its purposes under this chapter pursuant to the procedures set forth in this chapter, and to purchase, exchange, sell, lease, or otherwise acquire or dispose of any property or any rights or interests therein for the purposes authorized by this chapter or for any facilities or activities incident thereto, subject to and in conformity with applicable federal law and regulation;
(31) To the extent permissible under federal law, to operate as a receiver of federal grants, loans, and other moneys intended to be used within the geographic area over which the authority has jurisdiction pursuant to this chapter for inter-urban and intra-urban transit, land public transportation development, air quality and air pollu tion control, and other purposes related to the alleviation of congestion and air pollution;
(32) Subject to any covenant or agreement made for the benefit of owners of bonds, notes, or other obligations issued to finance roads or toll roads, in planning for the use of any road or toll road which lies within the geographical area over which the authority has jurisdiction, the authority shall have the power to control or limit ac cess thereto, including the power to close off, regulate, or create access to or from any part, excluding the interstate system, of any public road on the state highway system, a county road system, or municipal street system to the extent necessary to achieve the purposes of the authority; the authority may submit an application for an interstate system right of way encroachment through the state Department of Transportation, and that department shall submit the same to the Federal Highway Administration for approval. The authority shall provide any affected local govern ment with not less than 60 days notice of any proposed access limitation;
(33) To exercise any power granted by the laws of this state to public or private cor porations which is not in conflict with the public purpose of the authority;

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(34) To do all things necessary or convenient to carry out the powers conferred by this chapter;
(35) To procure insurance against any loss in connection with its property and other assets or obligations or to establish cash reserves to enable it to act as self-insurer against any and all such losses;
(36) To accept and use federal funds; to enter into any contracts or agreements with the United States or its agencies or subdivisions relating to the planning, financing, construction, improvement, operation, and maintenance of any public road or other mode or system of land transportation; and to do all things necessary, proper, or ex pedient to achieve compliance with the provisions and requirements of all applicable federal-aid acts and programs. Nothing in this chapter is intended to conflict with any federal law; and, in case of such conflict, such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict;
(37) To ensure that any project funded by the authority in whole or in part with federal-aid funds is included in approved transportation improvement programs adopted and approved by designated metropolitan planning organizations and the Governor and in the land transportation plan adopted and approved by the desig nated metropolitan planning organization, and is in compliance with the require ments of relevant portions of the regulations implementing the Clean Air Act includ ing without limitation 40 C.F.R. Section 93.105(c)(l)(ii) and 40 C.F.R. Section 93.122(a)(l), where such inclusion, approval, designation, or compliance is required by applicable federal law or regulation; and
(38) To appoint and select officers, agents, and employees, including engineering, ar chitectural, and construction experts and attorneys, and to fix their compensation.
(b) In addition to the above-enumerated general powers, and such other powers as are set forth in this chapter, the authority shall have the following powers with respect to special districts created and activated pursuant to this chapter:
(1) By resolution, to authorize the provision of land public transportation services and the institution of air quality control measures within the bounds of such special districts by local governments within such special districts utilizing the funding methods authorized by this chapter where the facilities for such purposes are lo cated wholly within the jurisdiction of such local governments and such special dis tricts or are the subject of contracts between or among such local governments and where such services and measures are certified by the authority to be consistent with the designated metropolitan planning organizations' regional plans, where applicable;
(2) By resolution, to authorize the utilization by local governments within such spe cial districts of the funding mechanisms enumerated in Code Section 50-32-30 to provide funding to defray the cost of land public transportation and air quality con trol measures certified and provided pursuant to paragraph (1) of this subsection;
(3) By resolution, to authorize the utilization by local governments within such spe cial districts of the above-enumerated funding mechanisms to assist in funding those portions of regional land public transportation systems which lie within and provide service to the territory of such local governments within special districts; and

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(4) By resolution, to contract with local governments within such special districts for funding, planning services, and such other services as the authority may deem necessary and proper to assist such local governments in providing land public transportation services and instituting air quality control measures within the bounds of such special districts where the facilities for such purposes are located wholly within the jurisdiction of such local governments and such special districts or are the subject of contracts between or among such local governments, and where such services and measures are certified by the authority to be consistent with the designated metropolitan planning organizations' regional plans, where applicable.
(c) The provisions of local government services and the utilization of funding mecha nisms therefor consistent with the terms of this chapter shall not be subject to the provisions of Chapter 70 of Title 36; provided, however, that the authority shall, where practicable, provide for coordination and consistency between the provision of such services pursuant to the terms of this chapter and the provision of such services pursuant to Chapter 70 of Title 36.
50-32-12.
Pursuant to the authority granted by Article DC, Section II, Paragraph VI of the Con stitution of this state, there are created within this state 159 special districts. One such district shall exist within the geographic boundaries of each county, and the ter ritory of each district shall include all of the territory within its respective county. Any special district within a county within the geographic area over which the author ity has jurisdiction shall be deemed activated for purposes of this chapter.
50-32-13.
(a) The Governor may delegate to the authority, by executive order, his or her powers under applicable federal transportation planning and air quality laws and regulations, including without limitation the power to resolve revision disputes between metropoli tan planning organizations and the Department of Transportation under 40 C.F.R. Section 93.105, the power to approve land transportation improvement programs under 23 U.S.C. Section 134 and 23 C.F.R. Sections 450.312(b), 450.324(b), and 450.328(a), and the power of approval and responsibilities for public involvement under 23 C.F.R. Section 450.216(a).
(b) In exercising the authority's delegated powers concerning proposed regional land transportation plans and transportation improvement programs prepared by metropol itan planning organizations wholly or partly within the geographic area over which the authority has jurisdiction or by the Department of Transportation:
(1) Regional land transportation plans and transportation improvement programs subject to the authority's delegated review powers shall be approved by the affirma tive vote of two-thirds of the authorized membership of the board to a motion made for that purpose;
(2) The authority may request modification of such a plan or program and approve such proposal for modification of a plan or program by the affirmative vote of twothirds of the authorized membership of the board to a motion made for that purpose;
(3) The board may set a date certain as a deadline for submission of any such plan or program to the authority for review; and

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(4) If any such plan or program is not timely submitted for review in compliance with a deadline set by the board, the authority may exercise its delegated power to disapprove such plan or program upon the affirmative vote of two-thirds of the au thorized membership of the board to a motion made for that purpose;
provided, however, that where one or more vacancies exist on the board and the board is not otherwise prohibited from entertaining a motion requiring such a supermajority, such motion shall carry on the affirmative vote of two-thirds of the members present. On any motion requiring a supermajority for passage, any abstention not authorized as provided in this chapter shall be deemed an affirmative vote for purposes of pas sage or failure of such motion.
(c) The authority shall formulate measurable targets for air quality improvements and standards within the geographic area over which the authority has jurisdiction pursu ant to this chapter, and annually shall report such targets to the Governor, together with an assessment of progress toward achieving such targets and projected measures and timetables for achieving such targets.
50-32-14.
In any case where a development of regional impact, as determined by Department of Community Affairs pursuant to Article 1 of Chapter 8 of this title, is planned within the geographic area over which the authority has jurisdiction which requires the ex penditure of state or federal funds by the state or any political subdivision, agency, authority, or instrumentality thereof to create land transportation services or access to such development, any expenditure of such funds shall be prohibited unless and until the plan for such development and such expenditures is reviewed and approved by the authority. The decision of the authority to allow or disallow the expenditure of such funds shall be final and nonreviewable, except that such decision shall be reversed where a resolution for such purpose is passed by vote of three-fourths of the author ized membership of the county commission of the county in which the development of regional impact is planned or, if such development is within a municipality, by vote of three-fourths of the authorized membership of the city council. Such a vote shall not constitute noncooperation with the authority for purposes of Code Section 50-32-53.
50-32-15.
(a) In furtherance of the purposes of the authority, no project of the Georgia Rail Pas senger Authority created by Article 9 of Chapter 9 of Title 46 which is located wholly or partly within the geographic area over which the authority has jurisdiction shall be commenced after the effective date of this chapter unless such project is approved by the affirmative vote of two-thirds of the authorized membership of the board of direc tors of the authority pursuant to a motion made for that purpose; provided, however, that where such project is an approved transportation control measure pursuant to an approved state implementation plan, such project may proceed consistent with applica ble federal law and regulation.
(b) From time to time, by the affirmative vote of two-thirds of the authorized member ship of the board of directors of the authority, the authority may direct the Georgia Environmental Facilities Authority to issue revenue bonds, bonds, notes, loans, credit agreements, or other obligations or facilities to finance, in whole or in part, any pro ject or the cost of any project of the authority wholly or partly within the geographic area over which the authority has jurisdiction, by means of a loan, extension of credit, or grant from the Georgia Environmental Facilities Authority to the authority, on such terms or conditions as shall be concluded between the two authorities.

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(c) The Georgia Environmental Facilities Authority shall be subordinate to the author ity in all respects, with respect to authority projects, within the geographic area over which the authority has jurisdiction; and, in the event of any conflict with the provi sions of Chapter 23 of this title, the provisions of this chapter shall prevail in all re spects. It is expressly provided, however, that nothing in this Code section and noth ing in this chapter shall be construed to permit in any manner the alteration, elimination, or impairment of any term, provision, covenant, or obligation imposed on any state authority, including but not limited to the Georgia Environmental Facilities Authority, the State Toll Road Authority, the Georgia Regional Transportation Author ity, or the Georgia Rail Passenger Authority for the benefit of any owner or holder of any bond, note, or other obligation of any such authority.
50-32-16.
Notwithstanding any provision of law to the contrary, funds appropriated to or other wise obtained by the Department of Transportation pursuant to Article III, Section K, Paragraph VI(b) of the Constitution of this state and paragraphs (2) and (7) of subsec tion (a) of Code Section 32-2-2 shall not be utilized for designation, improvement, or construction of any land public transportation system or any part of the state highway system lying within the boundaries of a county whose special district created pursuant to this chapter has been activated pursuant to the provisions of this chapter, unless such designation, improvement, or construction is safety related or has been conducted by or through, or approved by, the authority, or such funds are within categories ap plicable to state-wide inspection or improvement required for compliance with federal law or regulation.
50-32-17.
(a) After the adoption by the authority of a resolution declaring that the acquisition of the real property described therein is necessary for the purposes of this chapter, the authority may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of such power; provided, however, that the provisions of Article 7 of Chapter 16 of this title shall not be applicable to the exercise of the power of eminent domain by the authority. Property already devoted to public use may be acquired, except that no real property belonging to the state other than property acquired by or for the purposes of the Department of Transportation may be acquired without the consent of the state.
(b) Real property acquired by the authority in any manner for the purposes of this chapter shall not be subject to the exercise of eminent domain by any state depart ment, division, board, bureau, commission, authority, or other agency or instrumental ity of the executive branch of state government, or by any political subdivision of the state or any agency, authority, or instrumentality thereof, without the consent of the authority.
50-32-18.
The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this chapter shall be construed to remove any such rights.
50-32-19.

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Neither the members of the authority nor any officer or employee of the authority act ing on behalf thereof, while acting within the scope of his or her authority, shall be subject to any liability resulting from:
(1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority;
(2) The construction, ownership, maintenance, or operation of any project, facility, or undertaking authorized by the authority and owned by a local government; or
(3) Carrying out any of the powers expressly given in this chapter.
50-32-20.
(a) Upon request of the board of the authority, the Department of Transportation and the Department of Natural Resources shall provide to the authority and its authorized personnel and agents access to all books, records, and other information resources available to those departments which are not of a commercial proprietary nature, and shall assist the authority in identifying and locating such information resources. Reim bursement for costs of identification, location, transfer, or reproduction of such infor mation resources, including personnel costs incurred by the respective departments for such purposes, shall be made by the authority to those respective departments.
(b) The authority may request from time to time, and the Department of Transporta tion and the Department of Natural Resources shall provide as permissible under the Constitution and laws of this state, the assistance of personnel and the use of facili ties, vehicles, aircraft, and equipment of those departments, and reimbursement for all costs and salaries thereby incurred by the respective departments shall be made by the authority to those respective departments.
ARTICLE 3
50-32-30.
In accomplishing its purposes pursuant to the provisions of this chapter, the authority may utilize, unless otherwise prohibited by law, any combination of the following funding resources:
(1) Revenue bonds as authorized by this chapter;
(2) Guaranteed revenue bonds as authorized by this chapter;
(3) Funds obtained in a special district created and activated pursuant to this chap ter, for the purposes of providing local land transportation and air quality services within such district or, by contract with, between, and among local governments within such special districts, throughout such districts;
(4) Moneys borrowed by the authority pursuant to the provisions of this chapter;
(5) Such federal funds as may from time to time be made available to the authority or for purposes coincident with the purposes of the authority within the territory over which the authority has jurisdiction; and
(6) Such grants or contributions from persons, firms, corporations, or other entities as the authority may receive from time to time.
50-32-31.
(a)(l) The authority shall have the power and is authorized at one time or from time to time to provide by one or more authorizing resolutions for the issuance of revenue bonds, but the authority shall not have the power to incur indebtedness under this chapter in excess of the cumulative principal sum of $1 billion but ex-

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eluding from such limit bonds issued for the purpose of refunding bonds which have been previously issued. The authority shall have the power to issue such revenue bonds and the proceeds thereof for the purpose of paying all or part of the costs of any project or undertaking which is for the purpose of exercising the powers dele gated to it by this chapter, and the construction and provision of such installations and facilities as the authority may from time to time deem advisable to construct or contract for those purposes, as such undertakings and facilities shall be designated in the resolution of the board of directors authorizing the issuance of such bonds.
(2) The revenue bonds and the interest payable thereon shall be exempt from all taxation within the state imposed by the state or any county, municipal corporation, or other political subdivision of the state.
(b) In addition, the authority shall have the power and is authorized to issue bonds in such principal amounts as the authority deems appropriate, such bonds to be prima rily secured by a pool of obligations issued by local governments when the proceeds of the local government obligations are applied to projects of the authority.
(c) The authority shall have the power from time to time to refund any bonds by the issuance of new bonds whether the bonds to be refunded have or have not matured and may issue bonds partly to refund bonds then outstanding and partly for any other corporate purpose.
(d) Bonds issued by the authority may be general or limited obligations payable solely out of particular revenues or other moneys of the authority as may be designated in the proceedings of the authority under which the bonds shall be authorized to be is sued, subject to any agreements entered into between the authority and state agen cies, local government, or private parties and subject to any agreements with the own ers of outstanding bonds pledging any particular revenues or moneys.
(e)(l) The authority is authorized to obtain from any department, agency, or corpo ration of the United States of America or governmental insurer, including the state, any insurance or guaranty, to the extent now or hereafter available, as to or for the payment or repayment of interest or principal, or both, or any part thereof on any bonds or notes issued by the authority or on any obligations of federal, state, or lo cal governments purchased or held by the authority; and to enter into any agree ment or contract with respect to any such insurance or guaranty, except to the ex tent that the same would in any way impair or interfere with the ability of the authority to perform and fulfill the terms of any agreement made with the owners of the bonds or notes of the authority.
(2) Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times as the authority determines to be appropriate, except that bonds and any re newal thereof shall mature within 25 years of the date of their original issuance. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in registered form or book-entry form through a securities depository, or both, as to principal or interest or both principal and inter est, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide. Bonds may be sold at public or private sale for such price or prices as the authority shall determine.

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(3) Any resolution or resolutions authorizing bonds or any issue of bonds may con tain provisions which may be a part of the contract with the owners of the bonds thereby authorized as to:
(A) Pledging all or part of its revenues, together with any other moneys, securi ties, contracts, or property, to secure the payment of the bonds, subject to such agreements with bond owners as may then exist;
(B) Setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof;
(C) Limiting the purpose to which the proceeds from the sale of bonds may be applied;
(D) Limiting the right of the authority to restrict and regulate the use of any pro ject or part thereof in connection with which bonds are issued;
(E) Limiting the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds;
(F) Setting the procedure, if any, by which the terms of any contract with bond owners may be amended or abrogated, including the proportion of bond owners which must consent thereto and the manner in which such consent may be given;
(G) Creating special funds into which any revenues or other moneys may be deposited;
(H) Setting the terms and provisions of any trust, deed, or indenture or other agreement under which the bonds may be issued;
(I) Vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the authority may determine;
(J) Defining the acts or omissions to act which may constitute a default in the ob ligations and duties of the authority to the bond owners and providing for the rights and remedies of the bond owners in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of the state and other provisions of this chapter;
(K) Limiting the power of the authority to sell or otherwise dispose of any envi ronmental facility or any part thereof or other property, including municipal bonds held by it;
(L) Limiting the amount of revenues and other moneys to be expended for operat ing, administrative, or other expenses of the authority;
(M) Providing for the payment of the proceeds of bonds, obligations, revenues, and other moneys to a trustee or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine; and
(N) Establishing any other matters of like or different character which in any way affect the security for the bonds or the rights and remedies of bond owners.
(4) In addition to the powers conferred upon the authority to secure its bonds, the authority shall have power in connection with the issuance of bonds to enter into such agreements as the authority may deem necessary, consistent, or desirable con cerning the use or disposition of its revenues or other moneys or property, including the mortgaging of any property and the entrusting, pledging, or creation of any other security interest in any such revenues, moneys, or property and the doing of

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any act, including refraining from doing any act, which the authority would have the right to do in the absence of such agreements. The authority shall have power to enter into amendments of any such agreements within the powers granted to the authority by this chapter and to perform such agreements. The provisions of any such agreements may be made a part of the contract with the owners of bonds of the authority.
(5) Any pledge of or other security interest in revenues, moneys, accounts, contract rights, general intangibles, or other personal property made or created by the au thority shall be valid, binding, and perfected from the time when such pledge is made or other security interest attaches without any physical delivery of the collat eral or further act, and the lien of any such pledge or other security interest shall be valid, binding, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether or not such par ties have notice thereof. No instrument by which such a pledge or security interest is created nor any financing statement need be recorded or filed.
(6) All bonds issued by the authority shall be executed in the name of the authority by the chairperson and secretary of the authority and shall be sealed with the offi cial seal or a facsimile thereof. The facsimile signature of the chairperson and the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs. Bonds bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid, not withstanding the fact that before or after delivery thereof such person ceased to hold such office.
(7) Prior to the preparation of definitive bonds, the authority may issue interim re ceipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter; the authority may provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
(8) All bonds issued by the authority under this chapter may be executed, con firmed, and validated under and in accordance with Article 3 of Chapter 82 of Title 36, except as otherwise provided in this chapter.
(9) The venue for all bond validation proceedings pursuant to this chapter shall be Fulton County, and the Superior Court of Fulton County shall have exclusive final court jurisdiction over such proceedings.
(10) Bonds issued by the authority shall have a certificate of validation bearing the facsimile signature of the clerk of the Superior Court of Fulton County and shall state the date on which said bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court of this state.
(11) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation shall be as follows for each bond, regardless of the denomination of such bond:
(A) Fifty cents each for the first 100 bonds;
(B) Twenty-five cents each for the next 400 bonds; and
(C) Ten cents for each such bond over 500.

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(12) Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the meaning of and for all the purposes of Georgia law subject only to the provisions of the bonds for registration.
(13) Neither the members of the authority nor any person executing bonds shall be liable personally thereon or be subject to any personal liability or accountability solely by reason of the issuance thereof.
(14) The authority, subject to such agreements with bond owners as then may exist, shall have power out of any moneys available therefor to purchase bonds of the au thority, which shall thereupon be canceled, at a price not in excess of the following:
(A) If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date; or
(B) If the bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the bonds become subject to redemp tion, plus accrued interest to the next interest payment date.
(15) In lieu of specifying the rate or rates of interest which bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or other wise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the author ity to sell such bonds at a discount, even if in doing so the effective interest cost re sulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.
50-32-32.
(a) The authority shall have the power and is authorized to issue $1 billion in guaran teed revenue bonds, under the terms and conditions set forth in this chapter, pursuant to the provisions of Article 2 of Chapter 17 of this title, which bonds shall constitute guaranteed revenue debt under Article VII, Section IV, Paragraph III of the Constitu tion of this state. The General Assembly hereby finds and determines that such issue will be self-liquidating over the life of the issue, and declares its intent to appropriate an amount equal to the highest annual debt service requirements for such issue. The proceeds of such issue may be utilized to finance land public transportation facilities or systems.
(b) The guaranteed revenue bonds and the interest payable thereon shall be exempt from all taxation within the state imposed by the state or any county, municipal cor poration, or other political subdivision of the state.
50-32-33.
The bonds of the authority are made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, in-

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vestment companies and other persons carrying on a banking business, and adminis trators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of this state and all municipalities for any purposes for which the deposit of bonds or other obligations of this state are now or hereafter may be authorized.
50-32-34.
The State of Georgia does pledge to and agree with the owners of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the ben efit of the owners of bonds or in any way impair the rights and remedies of bond own ers until the bonds, together with the interest thereon, with interest on any unpaid in stallments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such owners, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bond owners.
50-32-35.
The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, known as the 'Georgia Securi ties Act of 1973.' No notice, proceeding, or publication except those required in this chapter shall be necessary to the performance of any act authorized in this chapter; nor shall any such act be subject to referendum.
50-32-36.
No bonds, notes, or other obligations of and no indebtedness incurred by the authority, other than guaranteed revenue bonds, shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebted ness of the state or its agencies or a cause of action against the state or its agencies; provided, however, the state, to the extent permitted by its Constitution, may guaran tee payment of such bonds, notes, or other obligations as guaranteed revenue debt.
50-32-37.
It is found, determined, and declared that the creation of this authority and the carry ing out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be per forming an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons the state covenants with the owners from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the opera tion or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or oth erwise, and that the bonds, notes, and other obligations of the authority, their trans fer, and the income therefrom shall at all times be exempt from taxation within the

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state. The tax exemption provided in this chapter shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.
50-32-38.
The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor.
50-32-39.
No bonded indebtedness of any kind shall be incurred by the authority or on behalf of the authority by the Georgia Environmental Facilities Authority at any time when the highest aggregate annual debt service requirements of the state for the then current fiscal year or any subsequent fiscal year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt and treating it as state general obligation debt or guaranteed revenue debt for purposes of calculating debt limitations under this Code section, and the highest aggregate annual payments for the then cur rent fiscal year or any subsequent fiscal year of the state under all contracts then in force to which the provisions of the second paragraph of Article DC, Section VI, Para graph I(a) of the Constitution of 1976 are applicable, exceed 7.5 percent of the total revenue receipts, less refunds of the state treasury in the fiscal year immediately pre ceding the fiscal year in which any such debt is to be incurred.
ARTICLE 4
50-32-50.
(a) Any local government which is within the geographic area over which the author ity has jurisdiction or which is within any county for which a special district has been otherwise activated pursuant to this chapter may provide, subject to the authoriza tion of the authority as provided for in this chapter, within the territorial limits of the special district authorized by this chapter local government services consisting of land public transportation and air quality control, consistent with the terms of any author izing resolution of the authority and, further, consistent with the regional plan or plans approved by the authority pursuant to its delegated powers if such plans are ap plicable to such local government's territory. In providing such local services in such special district pursuant to the provisions of this chapter, the local government shall utilize one or more of the funding mechanisms enumerated in Article IX, Section II, Paragraph VI of the Constitution of this state for the purpose of funding, in whole or in part, only the local government services authorized by this chapter, and such ser vices may be provided, in whole or in part, pursuant to a contract between one or more local governments within a special district activated pursuant to this chapter.
(b) Projects and facilities for the provision of local government services through spe cial districts authorized by this chapter shall be planned by the authority consistent with approved regional plans, where applicable, and may be designed, constructed, managed, operated, and funded by the authority in whole or in part.
50-32-51.

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(a) For the purposes of this Code section, the term 'lease agreement' shall mean and include a lease, operating lease rental agreement, usufruct, sale and lease back, or any other lease agreement having a term of not more than 50 years and concerning real, personal, or mixed property, any right, title, or interest therein by and between the state, the authority, a local government, or any combination thereof.
(b) A local government by resolution of its governing body may enter into a lease agreement for the provision of land public transportation or air quality services utiliz ing facilities owned by the authority upon such terms and conditions as the authority shall determine to be reasonable including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom.
(c) No lease agreement shall be deemed to be a contract subject to any law requiring that a contract shall be let only after receipt of competitive bids.
(d) Any lease agreement may provide for the construction of such land public trans portation or air quality facility by the local government as agent for the authority. In such event, all contracts for such construction shall be let by such local government in accordance with the provisions of law otherwise applicable to the letting of such con tracts by such local government and with the provisions of state law pertaining to pre vailing wages, labor standards, and working hours. Any such lease agreement may contain provisions by which such local government shall indemnify the authority against any and all damages resulting from acts or omissions to act on the part of such local government or its officers, agents, or employees in constructing such facility or facilities, in letting any contracts in connection therewith, or in operating and maintaining the same.
(e) Any lease agreement executed by the authority directly with any local government may provide at the termination thereof that title to the land public transportation or air quality facility project shall vest in the local government or its successor in inter est, if any, free and clear of any liens or encumbrances created in connection with any contract or bonds, revenue bonds, notes, or other obligations involving the authority.
(f) Any lease agreement directly between the state or authority and a local govern ment may contain provisions requiring the local government to perform any or all of the following:
(1) In the case of a land public transportation facility, to establish and collect rates, fees, and charges so as to produce revenues sufficient to pay all or a specified por tion of:
(A) The costs of operation, maintenance, renewal, replacement, and repairs of the land public transportation facility of such local government; and
(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such land public transportation facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any re quired reserves;
(2) In the case of an air quality facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal, and repairs of the air quality facility of such local government; and

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(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such air quality facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves;
(3) To create and maintain reasonable reserves or other special funds;
(4) To create and maintain a special fund or funds as additional security for the punctual payment of any rentals due under such lease agreement and for the de posit therein of such revenues as shall be sufficient to pay said lease rentals and any other amounts becoming due under such lease agreements as the same shall be come due and payable; or
(5) To perform such other acts and take such other action as may be deemed neces sary and desirable by the authority to secure the complete and punctual perform ance by such local government of such lease agreements and to provide for the rem edies of the authority in the event of a default by such local government in such payment.
50-32-52.
(a) The authority may make grants or loans to a local government to pay all or any part of the cost of a project. In the event the local government agrees to accept such grants or loans, the authority may require the local government to issue bonds or rev enue bonds as evidence of such grants or loans. The authority and a local government may enter into such loan commitments and option agreements as may be determined appropriate by the authority.
(b) The authority may require as a condition of any grant or loan to a local govern ment that such local government shall perform any or all of the following:
(1) In the case of grants or loans for a land public transportation or air quality facil ity, establish and collect rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) Costs of operation, maintenance, replacement, renewal, and repairs; and
(B) Outstanding indebtedness incurred for the purposes of such facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obliga tions issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves;
(2) In the case of loans for an air quality facility, establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified por tion of:
(A) Costs of operation, maintenance, renewal, replacement, and repairs of the air quality facility of such local government; and
(B) Outstanding indebtedness incurred for the purposes of such air quality facil ity, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves;
(3) Create and maintain a special fund or funds, as additional security for the pay ment of the principal of such revenue bonds and the interest thereon and any other amounts becoming due under any agreement, entered into in connection therewith and for the deposit therein of such revenues as shall be sufficient to make such pay ment as the same shall become due and payable;

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(4) Create and maintain such other special funds as may be required by the author ity; and
(5) Perform such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, or take other ac tions as may be deemed necessary or desirable by the authority to secure the pay ment of the principal of and interest on such bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any de fault by such local government in such payment.
(c) All local governments issuing and selling bonds, revenue bonds, notes, or other ob ligations to the authority are authorized to perform such acts, take such action, adopt such proceedings, and to make and carry out such contracts with the authority as may be contemplated by this chapter.
(d) In connection with the making of any loan authorized by this chapter, the author ity may fix and collect such fees and charges including, but not limited to, reimburse ment of all costs of financing by the authority, as the authority shall determine to be reasonable. Neither the Public Service Commission nor any local government or state agency shall have jurisdiction over the authority's power over the regulation of such fees or charges.
50-32-53.
(a) No local government which, upon the activation of a special district created by this chapter, fails or refuses to plan, coordinate, and implement local government services in such special district as provided for in this chapter and authorized pursuant to a resolution of the authority shall be eligible for any state grant of any kind whatsoever except such grants as may be related directly to the physical and mental health, edu cation, and police protection of its residents, nor shall any funds appropriated to or otherwise obtained by the Department of Transportation pursuant to Article III, Sec tion DC, Paragraph VI(b) of the Constitution of this state and paragraphs (2) and (7) of subsection (a) of Code Section 32-2-2 be utilized for designation, improvement, fund ing, or construction of any land public transportation system or any part of the state highway system lying within the boundaries of such local government's jurisdiction, or for the nonsafety related maintenance of any land public transportation system, high way, road, or bridge operating or located within such local government's jurisdictional boundaries, nor shall such local government be permitted to receive federal grants or funds for any such purpose, unless such funds are within categories applicable to state-wide inspection or improvement required for compliance with federal law or regulation.
(b) By resolution, the authority may restore eligibility for funding and receipt of grants denied pursuant to the provisions of subsection (a) of this Code section where such local government demonstrates to the satisfaction of the authority that it is tak ing or shall take appropriate action to cooperate with the authority.
50-32-54.
(a) In the event of a failure of any local government to collect and remit in full all amounts due to the authority and all amounts due to others, which involve the credit or guarantee of the authority or of the state, on the date such amounts are due under the terms of any bond, revenue bond, note, or other obligation of the local government, it shall be the duty of the authority to notify the director of the Office of Treasury and Fiscal Services who shall withhold all funds of the state and all funds administered by

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the state, its agencies, boards, and instrumentalities allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults on any such bond, revenue bond, note, or other obligation.
(b) Nothing contained in this Code section shall mandate the withholding of funds al located to a local government which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state.
ARTICLE 5
50-32-60.
The prohibition of expenditures or withholding of funds for public road or other public transportation purposes by the authority pursuant to any provision of this chapter shall not alter the Department of Transportation's budgeted allocation of state or fed eral funds among congressional districts pursuant to Code Sections 32-5-2 and 32-521.
ARTICLE 6
50-32-70.
This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter."
SECTION 8.
Said title is further amended by striking paragraph (12) of Code Section 50-23-4, relat ing to definitions relative to the Georgia Environmental Facilities Authority, and in serting in its place a new paragraph (12) to read as follows:
"(12) 'Project' means the acquisition, construction, installation, modification, renova tion, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, in stallation, modification, renovation, repair, extension, renewal, replacement, rehabil itation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential pub lic purpose of providing environmental facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, indus try, agriculture, and employment opportunities, or projects authorized by the Geor gia Regional Transportation Authority created by Chapter 32 of this title as defined in such chapter, where the authority has been directed to issue revenue bonds, bonds, notes, or other obligations to finance such project or the cost of a project in whole or in part, provided that the authority's power with respect to such projects authorized by the Georgia Regional Transportation Authority shall be limited to pro viding such financing and related matters as authorized by the Georgia Regional Transportation Authority."
SECTION 9.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, with respect to the appointment of the membership of the board. In all other respects, this Act shall become effective 30 days after its approval by the Governor or its becoming law without such approval.
SECTION 10.
All laws and parts of laws in conflict with this Act are repealed.

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Senator Thompson of the 33rd moved that the Senate disagree to the House substitute to SB 57.
On the motion, the yeas were 43, nays 0, and the Senate disagreed to the House substi tute to SB 57.
The Calendar was resumed.

SB 169. By Senators Hecht of the 34th, Lee of the 29th and Meyer von Bremen of the 12th:

A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Anno tated, relating to tax executions, so as to provide for the transfer of certain tax liens; to provide for the identification of such tax lienholders for purpose of payment by a delinquent taxpayer; to provide for the time at which a trans feree of the original transferee of an execution may begin collection of a tax lien.

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th
Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

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

SB 170. By Senators Madden of the 47th, Huggins of the 53rd and Jackson of the 50th:
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' Ser vice Act of 1977," so as to change the definition of a certain term; to require wireless service suppliers to provide certain information to the Georgia Emer gency Management Agency; to change provisions regarding the subscribers from whom a monthly wireless enhanced "911" charge may be collected.

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

Y Balfour Blitch
Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in substituting the following bill of the Senate:
SB 57. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to provide for the Georgia Regional Transportation Authority; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change certain provisions relating to transit ser vices with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Governor's Development Council.
Senator Walker of the 22nd moved that the Senate stand in recess until 5:00 p.m. and at that time, pursuant to HR 432, adjourn until 10:00 a.m. Monday, March 8, 1999; the motion prevailed.
At 5:00 p.m., the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, March 8, 1999
Thirty-first Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of Thursday, March 4, 1999 pro ceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 688. By Representative Martin of the 47th:
A bill to amend an Act creating a State Court of Fulton County by consolidat ing the Criminal Court of Fulton County and the Civil Court of Fulton County, so as to change the provisions relating to the chief clerk of that court; to provide for a court administrator for said court and provide for election, compensation, duties, and powers.
HB 690. By Representative Martin of the 47th:
A bill to amend an Act providing for the appointment of magistrates in Fulton County, so as to change the number of magistrates in Fulton County; to pro vide the procedure in connection with the appointment of new magistrates and provide for terms of office.
HB 805. By Representatives Connell of the 115th, Alien of the 117th, DeLoach of the 119th and others:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to provide that such officials shall be entitled to re ceive a travel allowance and reasonable expenses; to change certain provisions relative to the salary of state court judges.
HB 810. By Representative Walker of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to define the terms gross revenue as used in the provisions re lating to franchises.
HB 824. By Representative Martin of the 145th:
A bill to provide a new charter for the Town of Pulaski.
HB 825. By Representatives West of the 101st and Stallings of the 100th:
A bill to amend an Act providing for the nomination and election of the chief magistrate of Carroll County, so as to provide for the election of the chief mag istrate of the Magistrate Court of Carroll County and the judge of the state court in a nonpartisan primary and election.

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HB 827. By Representative Poag of the 6th:
A bill to amend an Act relating to the Magistrate Court of Murray County, so as to provide for cost-of-living and longevity increases in the salary of the chief magistrate.
HB 828. By Representative Poag of the 6th:
A bill to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County on an annual sal ary, so as to provide for cost-of-living and longevity increases in the salary of the clerk of the superior court and the tax commissioner.
HB 829. By Representative Tolbert of the 25th:
A bill to amend the "Jackson County Water and Sewerage Authority Act," so as to provide for certain specific powers of the Jackson County Water and Sew erage Authority.
HB 833. By Representative Tolbert of the 25th:
A bill to create the City of Jefferson Public Building Authority and to provide for the appointment of members of the Authority.
HB 834. By Representatives Stallings of the 100th and Snelling of the 99th:
A bill providing a new charter for the City of Villa Rica, so as to increase the penalties the municipal court is authorized to impose.
HB 836. By Representative Epps of the 131st:
A bill to provide a new charter for the City of Luthersville.
HB 838. By Representatives Bailey of the 93rd, Benefield of the 96th and Barnes of the 97th:
A bill to amend an Act providing a homestead exemption from all City of Riverdale ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, for the full value of the homestead for re sidents of the City of Riverdale who are 65 years of age or over and whose in come does not exceed $6,000.00, so as to raise such income ceiling to $12,000.00.
HB 839. By Representative Dukes of the 161st:
A bill to provide a new charter for the City of Newton.
HB 842. By Representatives Wix of the 33rd, Wiles of the 34th, Grindley of the 35th 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 clerk of the probate court.
HB 843. By Representatives Wix of the 33rd, Ehrhart of the 36th, Sauder of the 29th and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the provisions relating to the compensation of the commissioners and the chairperson.

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HB 851. By Representative Hudson of the 120th:
A bill to amend an Act creating a Board of Commissioners of Hancock County, so as to change the provisions relating to the compensation and expense allow ance of the chairperson and other members of the board of commissioners.
HB 701. By Representatives Walker of the 141st, Floyd of the 138th, Ray of the 128th and others:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of court for the Houston Judicial Circuit.
HB 101. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999, so as to change certain appropriations for the State Fiscal Year 1998-1999.
HB 699. By Representatives Royal of the 164th, Shanahan of the 10th, Smith of the 12th and others:
A bill to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Geor gia Annotated, relating to county and municipal service delivery strategies, so as to change certain provisions regarding criteria in developing such service delivery strategies; to change certain provisions regarding limitation of fund ing for projects which are not included in or which are inconsistent with a ser vice delivery strategy.
HB 734. By Representatives Childers of the 13th and Parsons of the 40th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to abolish the office of the joint-secretary of the state examining boards and provide for actions taken prior to such aboli tion; and for other purposes.
HB 462. By Representative Parham of the 122nd:
A bill to amend Code Section 26-4-110 of the Official Code of Georgia Anno tated, relating to pharmacy licenses, so as to change certain sign and identifi cation limitations regarding pharmacies in general merchandising establishments.
HB 782. By Representatives Martin of the 47th, Walker of the 141st, Parrish of the 144th and others:
A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the advertisement of judicial sales, so as to change the requirements for publication of notices of sales of property by the sheriff, coroner, or other official of a county; to change the requirements for es tablishment of the official organ of publication.
HB 617. By Representatives Cummings of the 27th and Shanahan of the 10th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to enact the "Public Retirement Systems Investment Author ity Law".

MONDAY, MARCH 8, 1999

803

HB 366. By Representatives Martin of the 47th, Alien of the 117th, Teper of the 61st and others:
A bill to amend Article 1 of Chapter 2 of Title 53 of the Official Code of Geor gia Annotated, the Revised Code of 1998, relating to general provisions rela tive to descent and distribution, so as to repeal a provision prohibiting the fa ther and other paternal kin from inheriting from or through a child born out of wedlock if the father failed or refused to treat the child openly as his own or to provide support for the child.
HB 616. By Representatives Cummings of the 27th and Shanahan of the 10th:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Anno tated, the "Public Retirement Systems Standards Law,"so as to define certain terms; to amend the minimum funding standards applicable to public retire ment standards to ensure compliance with federal law.
HB 597. By Representatives Hammontree of the 4th and Shanahan of the 10th:
A bill to amend Code Section 15-6-61 of the Official Code of Georgia Anno tated, relating to duties of clerks of superior courts, so as to require clerks of superior courts to maintain and make readily available to the public printed copies of the real estate grantor and grantee indices.
HB 560. By Representatives Stokes of the 92nd, Martin of the 47th and Stuckey of the 67th:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, so as to pro vide for legislative intent; to define certain terms; to limit the discovery and admissibility of raw data used in research in civil, criminal, and administra tive proceedings.
HB 564. By Representatives Shanahan of the 10th, Jamieson of the 22nd and Porter of the 143rd:
A bill to amend Code Section 12-5-374 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Board of Natural Resources, so as to establish certain fees to be charged to owners of certain dams.
HB 695. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Code Section 10-9-6 of the Official Code of Georgia Annotated, relating to the appointment and terms of members of the board of governors of the Georgia World Congress Center Authority, so as to provide for four addi tional members of such board and their terms.
HB 580. By Representatives Jenkins of the 110th, Poag of the 6th and Day of the 153rd:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide that any county, mu nicipality, or other public subdivision of this state which has a law enforce ment agency shall declare a chief of police or a law enforcement head for such

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law enforcement agency who is required to be a certified peace officer pursu ant to the provisions of Chapter 8 of Title 35, known as the "Georgia Peace Of ficer Standards and Training Act".
The following bills were introduced, read the first time and referred to committees:
SB 263. By Senators Dean of the 31st, Gillis of the 20th and Walker of the 22nd:
A bill to amend Code Section 47-2-244 of the Official Code of Georgia Anno tated, relating to optional benefits available under the Employees' Retirement System of Georgia to appellate court judges, so as to provide that such judges shall be eligible to retire after 12 years of actual service; to provide conditions for an effective date and automatic repeal.
Referred to Committee on Retirement.
SB 264. By Senators Huggins of the 53rd and Thomas of the 54th:
A bill to amend Code Section 47-23-103 of the Official Code of Georgia Anno tated, relating to retirement based on age in the Georgia Judicial Retirement System, so as to provide that a member of such retirement system shall be en titled to retire at the age of 55 years if he or she has at least 24 years of cred itable service; to provide conditions for an effective date and automatic repeal.
Referred to Committee on Retirement.
SR 244. By Senator Smith of the 25th:
A resolution creating the Senate Study Committee on the Operation of the Georgia War Veterans Home.
Referred to Committee on Defense, Science and Technology.
The following bills were read the first time and referred to committees:
HB 101. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999, so as to change certain appropriations for the State Fiscal Year 1998-1999.
Referred to Committee on Appropriations.
HB 366. By Representatives Martin of the 47th, Alien of the 117th, Teper of the 61st and Stuckey of the 67th:
A bill to amend Article 1 of Chapter 2 of Title 53 of the Official Code of Geor gia Annotated, the Revised Code of 1998, relating to general provisions rela tive to descent and distribution, so as to repeal a provision prohibiting the fa ther and other paternal kin from inheriting from or through a child born out of wedlock if the father failed or refused to treat the child openly as his own or to provide support for the child.
Referred to Committee on Judiciary.
HB 462. By Representative Parham of the 122nd:

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A bill to amend Code Section 26-4-110 of the Official Code of Georgia Anno tated, relating to pharmacy licenses, so as to change certain sign and identifi cation limitations regarding pharmacies in general merchandising establishments.
Referred to Committee on Health and Human Services.
HB 560. By Representatives Stokes of the 92nd, Martin of the 47th and Stuckey of the 67th:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, so as to pro vide for legislative intent; to define certain terms; to limit the discovery and admissibility of raw data used in research in civil, criminal, and administra tive proceedings.
Referred to Committee on Judiciary.
HB 564. By Representatives Shanahan of the 10th, Jamieson of the 22nd and Porter of the 143rd:
A bill to amend Code Section 12-5-374 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Board of Natural Resources, so as to establish certain fees to be charged to owners of certain dams.
Referred to Committee on Natural Resources.
HB 580. By Representatives Jenkins of the 110th, Poag of the 6th and Day of the 153rd:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide that any county, mu nicipality, or other public subdivision of this state which has a law enforce ment agency shall declare a chief of police or a law enforcement head for such law enforcement agency who is required to be a certified peace officer pursu ant to the provisions of Chapter 8 of Title 35, known as the "Georgia Peace Of ficer Standards and Training Act".
Referred to Committee on Public Safety.
HB 597. By Representatives Hammontree of the 4th and Shanahan of the 10th:
A bill to amend Code Section 15-6-61 of the Official Code of Georgia Anno tated, relating to duties of clerks of superior courts, so as to require clerks of superior courts to maintain and make readily available to the public printed copies of the real estate grantor and grantee indices.
Referred to Committee on Special Judiciary.
HB 616. By Representatives Cummings of the 27th and Shanahan of the 10th:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Anno tated, the "Public Retirement Systems Standards Law,"so as to define certain terms; to amend the minimum funding standards applicable to public retire ment standards to ensure compliance with federal law.
Referred to Committee on Retirement.
HB 617. By Representatives Cummings of the 27th and Shanahan of the 10th:

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JOURNAL OF THE SENATE

A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to enact the "Public Retirement Systems Investment Author ity Law".
Referred to Committee on Retirement.
HB 688. By Representative Martin of the 47th:
A bill to amend an Act creating a State Court of Fulton County by consolidat ing the Criminal Court of Fulton County and the Civil Court of Fulton County, so as to change the provisions relating to the chief clerk of that court; to provide for a court administrator for said court and provide for election, compensation, duties, and powers.
Referred to Committee on State and Local Governmental Operations.
HB 690. By Representative Martin of the 47th:
A bill to amend an Act providing for the appointment of magistrates in Fulton County, so as to change the number of magistrates in Fulton County; to pro vide the procedure in connection with the appointment of new magistrates and provide for terms of office.
Referred to Committee on State and Local Governmental Operations.
HB 695. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Code Section 10-9-6 of the Official Code of Georgia Annotated, relating to the appointment and terms of members of the board of governors of the Georgia World Congress Center Authority, so as to provide for four addi tional members of such board and their terms.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 699. By Representatives Royal of the 164th, Shanahan of the 10th, Smith of the 12th and others:
A bill to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Geor gia Annotated, relating to county and municipal service delivery strategies, so as to change certain provisions regarding criteria in developing such service delivery strategies; to change certain provisions regarding limitation of fund ing for projects which are not included in or which are inconsistent with a ser vice delivery strategy.
Referred to Committee on State and Local Governmental Operations (General).
HB 701. By Representatives Walker of the 141st, Floyd of the 138th, Ray of the 128th and Bohannon of the 139th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of court for the Houston Judicial Circuit.
Referred to Committee on Judiciary.
HB 734. By Representatives Childers of the 13th and Parsons of the 40th:

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A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to abolish the office of the joint-secretary of the state examining boards and provide for actions taken prior to such aboli tion; and for other purposes.
Referred to Committee on Consumer Affairs.
HB 782. By Representatives Martin of the 47th, Walker of the 141st, Parrish of the 144th and others:
A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the advertisement of judicial sales, so as to change the requirements for publication of notices of sales of property by the sheriff, coroner, or other official of a county; to change the requirements for es tablishment of the official organ of publication.
Referred to Committee on Judiciary.
HB 805. By Representatives Connell of the 115th, Alien of the 117th, DeLoach of the 119th and others:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to provide that such officials shall be entitled to re ceive a travel allowance and reasonable expenses; to change certain provisions relative to the salary of state court judges.
Referred to Committee on State and Local Governmental Operations.
HB 810. By Representative Walker of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to define the terms gross revenue as used in the provisions re lating to franchises.
Referred to Committee on State and Local Governmental Operations.
HB 824. By Representative Martin of the 145th:
A bill to provide a new charter for the Town of Pulaski.
Referred to Committee on State and Local Governmental Operations.
HB 825. By Representatives West of the 101st and Stallings of the 100th:
A bill to amend an Act providing for the nomination and election of the chief magistrate of Carroll County, so as to provide for the election of the chief mag istrate of the Magistrate Court of Carroll County and the judge of the state court in a nonpartisan primary and election.
Referred to Committee on State and Local Governmental Operations.
HB 827. By Representative Poag of the 6th:
A bill to amend an Act relating to the Magistrate Court of Murray County, so as to provide for cost-of-living and longevity increases in the salary of the chief magistrate.
Referred to Committee on State and Local Governmental Operations.
HB 828. By Representative Poag of the 6th:

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A bill to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County on an annual sal ary, so as to provide for cost-of-living and longevity increases in the salary of the clerk of the superior court and the tax commissioner. Referred to Committee on State and Local Governmental Operations.
HB 829. By Representative Tolbert of the 25th: A bill to amend the "Jackson County Water and Sewerage Authority Act," so as to provide for certain specific powers of the Jackson County Water and Sew erage Authority.
Referred to Committee on State and Local Governmental Operations.
HB 833. By Representative Tolbert of the 25th: A bill to create the City of Jefferson Public Building Authority and to provide for the appointment of members of the Authority.
Referred to Committee on State and Local Governmental Operations.
HB 834. By Representatives Stallings of the 100th and Snelling of the 99th: A bill providing a new charter for the City of Villa Rica, so as to increase the penalties the municipal court is authorized to impose.
Referred to Committee on State and Local Governmental Operations.
HB 836. By Representative Epps of the 131st: A bill to provide a new charter for the City of Luthersville.
Referred to Committee on State and Local Governmental Operations.
HB 838. By Representatives Bailey of the 93rd, Benefield of the 96th and Barnes of the 97th: A bill to amend an Act providing a homestead exemption from all City of Riverdale ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, for the full value of the homestead for re sidents of the City of Riverdale who are 65 years of age or over and whose in come does not exceed $6,000.00, so as to raise such income ceiling to $12,000.00.
Referred to Committee on State and Local Governmental Operations.
HB 839. By Representative Dukes of the 161st: A bill to provide a new charter for the City of Newton.
Referred to Committee on State and Local Governmental Operations.
HB 842. By Representatives Wix of the 33rd, Wiles of the 34th, Grindley of the 35th 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 clerk of the probate court.
Referred to Committee on State and Local Governmental Operations.

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HB 843. By Representatives Wix of the 33rd, Ehrhart of the 36th, Sauder of the 29th and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the provisions relating to the compensation of the commissioners and the chairperson.
Referred to Committee on State and Local Governmental Operations.

HB 851. By Representative Hudson of the 120th:
A bill to amend an Act creating a Board of Commissioners of Hancock County, so as to change the provisions relating to the compensation and expense allow ance of the chairperson and other members of the board of commissioners.
Referred to Committee on State and Local Governmental Operations.
The following committee reports were read by the Secretary:

Mr. President:

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

SB 251. Do pass by substitute. SR 230. Do pass.

SR 243. Do pass. HB 541. Do pass.

Respectfully submitted,

Senator Ragan of the llth District, Chairman

Mr. President:

The Committee on Banking and Financial Institutions has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

HB 6. Do pass as amended. HB 297. Do pass.

SR 241. Do pass.

Respectfully submitted,

Senator Cheeks of the 23rd District, Chairman

Mr. President:

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

HB 356. Do pass by substitute. HB 381. Do pass. HB 553. Do pass.

HB 618. Do pass by substitute. HR 269. Do pass.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

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

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SB 182. Do pass as amended. Respectfully submitted, Senator Hill of the 4th District, Chairman

Mr. President:

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

SB 146. Do pass. SB 180. Do pass by substitute.

SB 262. Do pass.

Respectfully submitted,

Senator Kemp of the 3rd District, Chairman

Mr. President:

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

SR 134. Do pass as amended.

SR 75. Do pass.

Respectfully submitted,

Senator Scott of the 36th District, Chairman

Mr. President: The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 259. Do pass by substitute. Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:

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

SB 227. Do pass. SB 235. Do pass. SB 254. Do pass. SB 258. Do pass. HB 190. Do pass by substitute. HB 555. Do pass by substitute. HB 644. Do pass. HB 735. Do pass.

HB 742. Do pass. HB 759. Do pass. HB 762. Do pass. HB 768. Do pass. HB 769. Do pass. HB 771. Do pass. HB 789. Do pass. HB 760. Do pass.

Respectfully submitted,

Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

SB 101

SB 115

SB 148

SB 152

SB 194

SB 199

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SB 205 SB 241 SR 183 HB 578

SB 210 SB 242 SR 193 HR 154

SB 216 SB 245 SR 211

SB 231 SB 253 SR 231

SB 232 SB 256 HB 112

SB 238 SR 129 HB 224

Senator Gillis of the 20th moved that Senator Starr of the 44th be excused. On the mo tion, the yeas were 37, nays 0; the motion prevailed, and Senator Starr was excused.

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

Balfour Blitch Bowen Broun, 46th Brown, 26th Burton Butler Cable Cagle Cheeks Crotts Egan Fort Gillis Gingrey Golden Guhl Harbison

Hecht Hill Hooks Huggins Jackson James Johnson,D Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer von Bremen Perdue Polak

Price,R Price,T Ragan Ray Roberts Scott Smith Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,N Thompson Walker Williams

Those not answering were:

Brush

Dean

Starr (excused)

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Tate of the 38th introduced the chaplain of the day, Reverend Dr. Walter Kimbrough, pastor of Cascade United Methodist Church, Atlanta, Georgia, who offered scrip ture reading and prayer.
The following resolutions were read and adopted:
SR 245. By Senator Perdue of the 18th: A resolution commending the Georgia District 5 Big League Baseball Team.
SR 246. By Senator Egan of the 40th: A resolution honoring the Reverend W. Frank Harrington and expressing re gret at his passing.
Senator Egan asked the Senate to observe a moment of silence in honor of the late Rev erend Frank Harrington, commended by SR 246.

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Senator James of the 35th acknowledged Safe Driver's Awareness Day, recognized in SR 167, adopted previously.
Senator Marable of the 52nd introduced the doctor of the day, Dr. Billy Burk of Rome, Georgia.
The following local, uncontested bills of the Senate and House favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Monday, March 8, 1999 THIRTY-FIRST LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the leg islation.)

SB 254

Smith, 25th HANCOCK COUNTY

A bill to amend an Act reconstituting the Board of Education of Han cock County and providing for its powers, duties, rights, obligations, and liabilities, so as to increase the compensation of the members of said board of education; to provide an effective date.

SB 258

Johnson, 1st Johnson, 2nd TOWN OF THUNDERBOLT

A bill to amend an Act creating a new charter for the Town of Thun derbolt, as amended, so as to repeal the provisions relating to the town administrator.

HB 190 Madden, 47th JACKSON COUNTY

A bill to amend an Act entitled "An Act to create a board of county commissioners for the County of Jackson," so as to provide that the board of commissioners of Jackson County shall be composed of a chairperson and four commissioners. (SUBSTITUTE)

HB 555

Brown, 26th TWIGGS COUNTY

A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change provisions relating to the compensation and expenses of the members of the board. (SUBSTITUTE)

HB 644 Ray, 48th CITY OF SUWANEE

A bill to create a new charter for the City of Suwanee.

HB 735

Cheeks, 23rd Gillis, 20th JEFFERSON COUNTY

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HB 742 HB 759 HB 762 HB 768
HB 769
HB 771

A bill to amend an Act fixing the compensation for the members of the board of commissioners of Jefferson County and the clerk of such board, so as to change certain provisions relating to expense al lowances for members of the board.
Williams, 6th BRANTLEY COUNTY
A bill to amend an Act creating the office of commissioners of Roads and Revenues of Brantley County, so as to change the compensation for the commissioners and the chairperson.
Guhl, 45th Broun, 46th BARROW COUNTY
A bill to amend an Act providing authority for members of the Board of Education of Barrow County, so as to provide for redistricting.
Guhl, 45th Broun, 46th BARROW COUNTY
A bill to amend an Act re-creating and establishing a Board of Com missioners of Barrow County, so as to provide for redistricting.
Lamutt, 21st Tanksley, 32nd Thompson, 33rd Gingrey, 37th Tate, 38th COBB COUNTY
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff.
Lamutt, 21st Tanksley, 32nd Thompson, 33rd Gingrey, 37th Tate, 38th COBB COUNTY
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County.
Hill, 4th EFFINGHAM COUNTY
A bill to create the Effingham Family Connection Commission.

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HB 789

Lamutt, 21st Tanksley, 32nd Thompson, 33rd Gingrey, 37th Tate, 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, executive secretary, and administrative specialist. PURSUANT TO ARTICLE VII, PARAGRAPH IV OF THE CONSTITU TION, THE FOLLOWING LOCAL BILL RELATING TO HOMESTEAD EXEMPTIONS REQUIRES A TWO-THIRDS ROLL-CALL VOTE FOR PASSAGE:

HB 760

Jackson, 50th CITY OF CORNELIA

A bill to provide a homestead exemption from City of Cornelia ad valorem taxes for city purposes in the amount of $5,000.00 of the as sessed value of the homestead for each resident of the City of Cornelia; to provide a homestead exemption from City of Cornelia ad valorem taxes for city purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Cornelia who is 65 years of age or older.
The substitutes to the following bills were put upon their adoption:
*HB 190:

The Senate State and Local Governmental Operations Committee offered the following substitute to HB 190:
A BILL
To be entitled an Act to amend an Act entitled "An Act to create a board of county com missioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, so as to provide that the board of commissioners of Jackson County shall be composed of a chairperson and four commissioners; to provide that the chairperson shall be elected from the county at large; to provide that the commissioners shall each reside in one of four districts; to provide for election of members at large; to provide alterna tively for election of members from districts; to provide for terms of office; to provide for qualifications; to provide for commissioner districts; to provide for a county manager and the selection, compensation, powers, and duties thereof; to provide for a clerk; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the compensation and expenses of the chairperson and members of the board; to provide for a vice chairperson; to provide for powers and duties of such officers; to provide for regu lar meetings, work sessions, and other meetings; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for formal bids for certain purchases; to provide for the appointment, removal, and compensation of employ ees and department heads; to provide for the preparation, submission, review, adoption, and amendment of budgets; to provide for expenditure of county funds; to provide for au dits of county finances and financial records; to provide for other related matters; to

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amend an Act creating the office of tax commissioner of Jackson County, placing the clerk of the superior court, the sheriff, the judge of the probate court, and the tax com missioner on a salary basis of compensation, and providing for the compensation of the chairperson and members of the Board of Commissioners of Jackson County, approved March 21, 1968 (Ga. L. 1968, p. 2536), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4200), so as to change certain provisions relating to the compensation of the chairperson and other members of the board of commissioners; to provide for submission of this Act for approval by the United States Attorney General; to provide for related matters; to provide for a referendum at a special election; 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 1A.
An Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, is amended by striking Section 1 and all subsequent sections and inserting in lieu thereof the following:
"SECTION 1.
There shall be a Board of Commissioners of Jackson County to be elected and organ ized as provided for in this Act. The board of commissioners shall constitute the gov erning authority of Jackson County and shall exercise the powers, duties, and respon sibilities vested in and upon said officers by the provisions of this Act. The term 'board,' whenever used in this Act, shall mean the Board of Commissioners of Jackson County, including the chairperson and all members.
SECTION 2.
(a) The Board of Commissioners of Jackson County shall consist of a chairperson and four district commissioners. The four district commissioners shall be residents of their respective commissioner districts described in subsection (b) of this section but shall be elected at large as provided in Section 3 of this Act. The chairperson shall be elected at large as provided in Section 3 of this Act.
(b) For the purpose of electing members of the board of commissioners, Jackson County shall be divided into four commissioner districts. One member of the board shall be elected for each such district. Those districts shall consist of the described territory of Jackson County contained in the description attached to this Act and made a part hereof and further identified as: 'Operator: local Client: Jackson Plan: jack99p2.'
(c) For purposes of the commissioner districts described as provided by subsection (b) of this section:
(1) The terms 'Tract,' 'Block,' and 'Block Group' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) Any part of Jackson County which is not included in any commissioner district described as provided by subsection (b) of this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(3) Any part of Jackson County which is described as provided by subsection (b) of this section as being included in a particular commissioner district shall neverthe less not be included within such commissioner district if such part is not contiguous

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to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
SECTION 3.
(a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law.
(b) In order to be elected as a member of the board for a commissioner district, a per son must be 21 years of age or older, must reside in that district, must have resided in Jackson County for at least 12 months prior to election to such office, and must re ceive the requisite number of the votes cast for that office by the electors of the entire county. At the time of qualifying for election as a member of the board for a commis sioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected as a member of the board for a commissioner district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant.
(c) The chairperson of the board must be 25 years of age or older, must have resided in Jackson County for at least 12 months prior to election to such office, may reside anywhere within Jackson County, and must receive the requisite number of the votes cast for such office by the electors of the entire county. The chairperson must continue to reside within Jackson County during that person's term of office or that office shall thereupon become vacant.
SECTION 4.
(a) At the general election held in November of 2000, the chairperson and commission ers for all commissioner districts shall be elected. The chairperson and commissioners for Commissioner Districts One and Two elected in 2000 shall take office on the first day of January in the year following their election and shall serve terms of four years and until their successors are duly elected and qualified. The commissioners for Com missioner Districts Three and Four elected in 2000 shall take office on the first day of January in the year following their election and shall serve initial terms of two years until their successors are duly elected and qualified. Those and all future successors to the chairperson and commissioners for commissioner districts whose terms of office are to expire shall be elected at the general state-wide election immediately preceding the expiration of such terms, shall take office on the first day of January in the year following that election, and shall serve for terms of office of four years until their suc cessors are duly elected and qualified.
(b) The chairperson and all members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
SECTION 5.
(a) In the event of a vacancy occurring in the membership of the board on or after the date the first members of the board take office, whether the vacancy is in the office of chairperson or any other member, for any reason other than expiration of term, that vacancy shall be filled as provided in this section.
(b) In the event a vacancy occurs on the board of commissioners when at least 180 days remain in the unexpired term of office, the election superintendent of Jackson County, within 15 days after the vacancy occurs, shall issue the call for a special elec-

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tion to fill the vacancy for the remainder of the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. Any person elected in a special election to fill such a vacancy shall take office immediately upon certification of the re sults of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall ex ercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the remainder of the unexpired term following the special election provided for in this subsection.
(c) In the event a vacancy occurs on the board of commissioners when less than 180 days remain in the unexpired term of office, the remaining members of the board of commissioners shall appoint a qualified person to fill the vacancy for the remainder of the unexpired term. Any person appointed by the board to fill a vacancy as provided in this subsection shall possess the residency and other qualifications required for the office and shall take office immediately upon appointment and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairper son of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the remainder of the unexpired term following his or her appointment as provided for in this subsection.
(d) A vice chairperson serving as chairperson shall not be authorized to vote as a member of the board of commissioners during such service unless the vice chairper son's vote would affect the outcome of any vote or issue before the board.
SECTION 6.
Before entering upon the discharge of their duties, the chairperson and commissioners shall subscribe an oath before the judge of the probate court of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairperson and each commissioner shall further give a satisfactory surety bond to the judge of the probate court of the county and payable to the judge of the probate court or that judge's successor in office and filed in the office of the judge of the probate court, in the sum of $10,000.00, con ditioned upon the faithful performance of the duties of the office. The costs of said bonds shall be paid out of the county treasury.
SECTION 7.
(a) Commissioners, other than the chairperson, shall serve on a part-time basis and be paid a salary of $10,000.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of Jackson County. Each such commissioner shall also receive reimbursement for actual and necessary expenses incurred for travel in the performance of his or her duties which have been approved in advance, in writing, by the chairperson, upon presentation of a signed voucher setting forth the expenses incurred in such travel.
(b) The chairperson shall serve in such capacity on a part-time basis and shall be paid a salary of $15,000.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of Jackson County. The chairperson shall also receive re imbursement for actual and necessary expenses incurred for travel in the performance of his or her duties.
SECTION 8.

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At the first regular meeting of each year, the board of commissioners shall elect from its members a vice chairperson. In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the au thority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board of commissioners in the absence of the chairperson and shall serve for the calendar year in which elected. In the event of a vacancy in the office of vice chairperson, the board of commissioners shall elect a new vice chairperson to serve for the remainder of the calendar year.
SECTION 9.
The board of commissioners shall hold one regular meeting each month at the county seat, which meeting shall be open to the public. The time, date, and place of the meet ings shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the date, time, and place of its monthly meetings shall be published in the official county organ once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commis sioners may hold such additional meetings as shall be necessary when called by the chairperson or any three commissioners, provided all members of the board of commis sioners shall have been notified of such special meeting which is open to the public. Any three commissioners or the chairperson and any two commissioners shall consti tute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the board of commissioners and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairperson shall be entitled to vote on a question only if the chairperson's vote would affect the outcome of any vote or issue before the board. All regular and called meetings shall be conducted according to Robert's Rules of Order.
SECTION 10.
The chairperson shall preside over the meetings of the board of commissioners. The duties of the chairperson shall include, but shall not be limited to, the following:
(1) Calling meetings of the board as provided in Section 9 of this Act;
(2) Presiding at meetings of the board;
(3) Representing the county government at ceremonial functions;
(4) Being empowered to submit motions to the board of commissioners for action;
(5) Appointing members and chairpersons to all committees of the board with the approval of the board; and
(6) Performing such other duties as shall be delegated to the chairperson by the board of commissioners or as provided by law or ordinance.
SECTION 11.
The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations gov erning all matters reserved to its exclusive jurisdiction. Such policies, rules, and regu lations, when so adopted with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding. The board of commissioners shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to com pel enforcement of its adopted resolutions. The following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction:

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(1) To levy taxes;
(2) To make appropriations;
(3) To fix rates and charges for services provided by the county;
(4) To authorize the incurring of indebtedness;
(5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment;
(6) To authorize and provide for the execution of contracts;
(7) To establish, alter, open, close, build, repair, or abolish public roads, bridges, and ferries, according to law; provided, however, that the chairperson shall have the au thority to accept subdivision plats when the requirements established by the board of commissioners for subdivisions have been met;
(8) To accept, for the county, the provisions of any optional statute where the stat ute permits its acceptance by the governing authority of the county;
(9) To exercise all powers, duties, and authority in respect to zoning and planning;
(10) To create and change the boundaries of special taxing districts authorized by law;
(11) To fix the bonds of county officers where same are not fixed by statute;
(12) To enact any ordinances or other legislation which the county may be given au thority to enact;
(13) To determine the priority of capital improvements;
(14) To call elections for the voting of bonds;
(15) Except as otherwise provided in this Act, to exercise all of the power and au thority which may be delegated by law to the governing authority of the county, by whatever name designated; and
(16) To appoint retained legal counsel and an independent county auditor and pro vide for their compensation.
SECTION 12.
Formal sealed bids shall be received for all purchases in amounts over $1,000.00. Ad vertisements for such bids shall be published for two consecutive weeks in the official organ of Jackson County. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay.
SECTION 13.
The internal organization of the county government shall be established and altered by the board of commissioners. Existing departments may be abolished and their functions transferred to other departments, additional departments may be created, and any two or more departments may be consolidated.
SECTION 14.
The board of commissioners shall employ a county manager having at least a bache lor's degree in public administration or a related field or at least five years' experience as a county manager or city manager. The county manager shall serve at the pleasure of the board of commissioners, shall receive such salary as determined by the board of commissioners, shall not be an elected official of any county or municipality, and shall have the following duties, powers, and authority:

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(1) To supervise the administration of the affairs of the county and to see that the ordinances, resolutions, and regulations of the board of commissioners and the laws of the state are faithfully executed and enforced;
(2) To employ and remove all department heads of the county under the jurisdiction of the board of commissioners and staff employees of the county manager, pursuant to policies established by the board, except for the county attorney, county auditor, and members of all the boards, commissions, and authorities who shall be appointed and removed by the board of commissioners pursuant to law or county ordinance;
(3) To exercise managerial authority and supervision over the county manager's staff and all department heads under the jurisdiction of the board of commissioners;
(4) To require reports from heads of departments and other employees entrusted with administrative duties or exercising discretion. The county manager shall have at all times the authority to examine all books and records of every officer and de partment of the county under the jurisdiction of the board of commissioners;
(5) To attend all meetings of the board of commissioners with a right to take part in the discussions but having no vote and to prepare an agenda of both new and un resolved business for each meeting;
(6) To recommend to the board of commissioners for adoption such measures as the county manager may deem necessary or expedient;
(7) To supervise the performance of all contracts made by any person, company, or corporation with the county for work done for the board of commissioners;
(8) To submit to the board of commissioners for approval, prior to July 31 of each year, a proposed operating budget for the next fiscal year showing budget revenues and expenditures during the preceding fiscal year; appropriations and estimated revenue and recommended expenditures for the next fiscal year; recommended sala ries; proposed capital expenditures; recommended tax levies; and such other infor mation and data as may be considered necessary by the board of commissioners;
(9) To keep the board of commissioners fully advised as to the financial condition and needs of the county;
(10) To make or cause to be made a full written report to the board of commission ers each month showing the operations and expenditures of each department of the county government for the preceding month;
(11) To serve as or designate a personnel director in the supervision and adminis tration of the county's personnel system for county employees;
(12) To delegate purely administrative duties to department heads or subordinates in the county government whose work the county manager shall supervise and di rect; provided, however, that the delegation or assignment of duties to subordinates shall not relieve the county manager from responsibility for administration of county affairs;
(13) To act as the clerk of the Board of Commissioners of Jackson County with the authority to delegate the administrative duties of such position;
(14) To perform such other duties as may be prescribed by this Act or as may, from time to time, be required by the board of commissioners; and
(15) To cooperate with elected and appointed county officers in management of the county's affairs.
SECTION 15.

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The clerk of the board of commissioners shall keep a proper and accurate book of min utes. The book of minutes of the board of commissioners shall contain all the acts, or ders, and proceedings of the board of commissioners in chronological order. The min utes book of the board of commissioners shall be open to the public for inspection at all times during regular office hours; and certified copies of any entries in the minutes book shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as are other funds, to be assessed by the board of commissioners in an amount sufficient to defray the cost of preparing same.
SECTION 16.
(a) The county will comply with Chapter 81 of Title 36 of the O.C.G.A., relating to lo cal government budgets and audits, as well as the following provisions of this section.
(b) At the time the proposed budget is submitted to the board, the county manager shall cause to be published in the official organ of Jackson County a copy of the pro posed budget along with the public notices required by subsection (e) of Code Section 36-81-5 of the O.C.G.A. It shall be the duty of the board to hold a meeting at the time and place specified in the notice for the purpose of conducting such public hearing. The board shall review the proposed budget at such public hearing and may adopt the same as submitted by the county manager or make such amendments th.: reto as the board may deem necessary to maintain the county in sound financial condition. The board may continue the hearing on the proposed budget from time to time, but the time of and the place where the hearing is continued shall be publicly announced at the previous hearing. The board shall adopt the proposed budget as submitted or as amended by the board as the budget for the county for the following fiscal year prior to the beginning of the new fiscal year to which it applies.
(c) The final budget adopted by the board shall constitute the board's appropriations of all funds for the fiscal year covered by the budget. The budget may be amended during the fiscal year which it covers upon the board's taking formal action for such purpose at a regular meeting of the board. Prior to taking such action, the board shall cause to be published in the official organ of Jackson County a notice setting forth the proposed changes in the budget and a summary of the reasons therefor. Said notice shall also state the time and place of the regular meeting of the board at which action to amend the budget is to be taken. Said notice shall be published at least ten days prior to the date of the meeting. No increase in appropriations shall be made without provision also being made to finance such increase.
(d) A copy of the final budget adopted by the board and any amendment to or revision of the budget shall be transmitted by the county manager to the grand jury of the Su perior Court of Jackson County then in session.
SECTION 17.
No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The county manager shall enforce compliance with this provision by all departments of county government and to this end shall institute a system of allotments of all moneys appro priated and budgeted.
SECTION 18.

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The board of commissioners shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an an nual continuous audit of county finances and financial records. The accountant so em ployed shall be paid out of county funds and shall perform a complete audit of the fi nancial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the board of commissioners. Each annual report submitted to the board of commissioners shall be made available for public inspection as are other records in such office. The board of commissioners shall cause to be published in the official organ of Jackson County and posted at the courthouse door a statement of the financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Su perior Court of Jackson County a copy of each annual report furnished by said ac countant to the board of commissioners."
SECTION IB.
An Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, is amended by striking Section 1 and all subsequent sections and inserting in lieu thereof the following:
"SECTION 1.
There shall be a Board of Commissioners of Jackson County to be elected and organ ized as provided for in this Act. The board of commissioners shall constitute the gov erning authority of Jackson County and shall exercise the powers, duties, and respon sibilities vested in and upon said officers by the provisions of this Act. The term 'board,' whenever used in this Act, shall mean the Board of Commissioners of Jackson County, including the chairperson and all members.
SECTION 2.
(a) The Board of Commissioners of Jackson County shall consist of a chairperson and four district commissioners. The four district commissioners shall be residents of their respective commissioner districts described in subsection (b) of this section and shall be elected by the electors of their respective commissioner districts as provided in Sec tion 3 of this Act. The chairperson shall be elected at large as provided in Section 3 of this Act.
(b) For the purpose of electing members of the board of commissioners, Jackson County shall be divided into four commissioner districts. One member of the board shall be elected from each such district. Those districts shall consist of the described territory of Jackson County contained in the description attached to this Act and made a part hereof and further identified as: 'Operator: local Client: Jackson Plan: jack99p2.'
(c) For purposes of the commissioner districts described as provided by subsection (b) of this section:
(1) The terms 'Tract,' 'Block,' and 'Block Group' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) Any part of Jackson County which is not included in any commissioner district described as provided by subsection (b) of this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and

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(3) Any part of Jackson County which is described as provided by subsection (b) of this section as being included in a particular commissioner district shall neverthe less not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
SECTION 3.
(a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law.
(b) In order to be elected as a member of the board for a commissioner district, a per son must be 21 years of age or older, must reside in that district, must have resided in Jackson County for at least 12 months prior to election to such office, and must re ceive the requisite number of the votes cast for that office by the electors of that dis trict. At the time of qualifying for election as a member of the board from a commis sioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant.
(c) The chairperson of the board must be 25 years of age or older, must have resided in Jackson County for at least 12 months prior to election to such office, may reside anywhere within Jackson County, and must receive the requisite number of the votes cast for such office by the electors of the entire county. The chairperson must continue to reside within Jackson County during that person's term of office or that office shall thereupon become vacant.
SECTION 4.
(a) At the general election held in November of 2000, the chairperson and commission ers from all commissioner districts shall be elected. The chairperson and commission ers from Commissioner Districts One and Two elected in 2000 shall take office on the first day of January in the year following their election and shall serve terms of four years and until their successors are duly elected and qualified. The commissioners from Commissioner Districts Three and Four elected in 2000 shall take office on the first day of January in the year following their election and shall serve initial terms of two years until their successors are duly elected and qualified. Those and all future successors to the chairperson and commissioners from commissioner districts whose terms of office are to expire shall be elected at the general state-wide election immedi ately preceding the expiration of such terms, shall take office on the first day of Janu ary in the year following that election, and shall serve for terms of office of four years until their successors are duly elected and qualified.
(b) The chairperson and all members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
SECTION 5.
(a) In the event of a vacancy occurring in the membership of the board on or after the date the first members of the board take office, whether the vacancy is in the office of chairperson or any other member, for any reason other than expiration of term, that vacancy shall be filled as provided in this section.

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(b) In the event a vacancy occurs on the board of commissioners when at least 180 days remain in the unexpired term of office, the election superintendent of Jackson County, within 15 days after the vacancy occurs, shall issue the call for a special elec tion to fill the vacancy for the remainder of the unexpired term. Such special election shall he called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. Any person elected in a special election to fill such a vacancy shall take office immediately upon certification of the re sults of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall ex ercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the remainder of the unexpired term following the special election provided for in this subsection.
(c) In the event a vacancy occurs on the board of commissioners when less than 180 days remain in the unexpired term of office, the remaining members of the board of commissioners shall appoint a qualified person to fill the vacancy for the remainder of the unexpired term. Any person appointed by the board to fill a vacancy as provided in this subsection shall possess the residency and other qualifications required for the office and shall take office immediately upon appointment and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairper son of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the remainder of the unexpired term following his or her appointment as provided for in this subsection.
(d) A vice chairperson serving as chairperson shall not be authorized to vote as a member of the board of commissioners during such service unless the vice chairper son's vote would affect the outcome of any vote or issue before the board.
SECTION 6.
Before entering upon the discharge of their duties, the chairperson and commissioners shall subscribe an oath before the judge of the probate court of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairperson and each commissioner shall further give a satisfactory surety bond to the judge of the probate court of the county and payable to the judge of the probate court or that judge's successor in office and filed in the office of the judge of the probate court, in the sum of $10,000.00, con ditioned upon the faithful performance of the duties of the office. The costs of said bonds shall be paid out of the county treasury.
SECTION 7.
(a) Commissioners, other than the chairperson, shall serve on a part-time basis and be paid a salary of $10,000.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of Jackson County. Each such commissioner shall also receive reimbursement for actual and necessary expenses incurred for travel in the performance of his or her duties which have been approved in advance, in writing, by the chairperson, upon presentation of a signed voucher setting forth the expenses incurred in such travel.

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(b) The chairperson shall serve in such capacity on a part-time basis and shall be paid a salary of $15,000.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of Jackson County. The chairperson shall also receive re imbursement for actual and necessary expenses incurred for travel in the performance of his or her duties.
SECTION 8.
At the first regular meeting of each year, the board of commissioners shall elect from its members a vice chairperson. In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the au thority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board of commissioners in the absence of the chairperson and shall serve for the calendar year in which elected. In the event of a vacancy in the office of vice chairperson, the board of commissioners shall elect a new vice chairperson to serve for the remainder of the calendar year.
SECTION 9.
The board of commissioners shall hold one regular meeting each month at the county seat, which meeting shall be open to the public. The time, date, and place of the meet ings shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the date, time, and place of its monthly meetings shall be published in the official county organ once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commis sioners may hold such additional meetings as shall be necessary when called by the chairperson or any three commissioners, provided all members of the board of commis sioners shall have been notified of such special meeting which is open to the public. Any three commissioners or the chairperson and any two commissioners shall consti tute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the board of commissioners and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairperson shall be entitled to vote on a question only if the chairperson's vote would affect the outcome of any vote or issue before the board. All regular and called meetings shall be conducted according to Robert's Rules of Order.
SECTION 10.
The chairperson shall preside over the meetings of the board of commissioners. The duties of the chairperson shall include, but shall not be limited to, the following:
(1) Calling meetings of the board as provided in Section 9 of this Act;
(2) Presiding at meetings of the board;
(3) Representing the county government at ceremonial functions;
(4) Being empowered to submit motions to the board of commissioners for action;
(5) Appointing members and chairpersons to all committees of the board with the approval of the board; and
(6) Performing such other duties as shall be delegated to the chairperson by the board of commissioners or as provided by law or ordinance.
SECTION 11.
The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations gov erning all matters reserved to its exclusive jurisdiction. Such policies, rules, and regu-

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lations, when so adopted with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding. The board of commissioners shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to com pel enforcement of its adopted resolutions. The following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction:
(1) To levy taxes;
(2) To make appropriations;
(3) To fix rates and charges for services provided by the county;
(4) To authorize the incurring of indebtedness;
(5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment;
(6) To authorize and provide for the execution of contracts;
(7) To establish, alter, open, close, build, repair, or abolish public roads, bridges, and ferries, according to law; provided, however, that the chairperson shall have the au thority to accept subdivision plats when the requirements established by the board of commissioners for subdivisions have been met;
(8) To accept, for the county, the provisions of any optional statute where the stat ute permits its acceptance by the governing authority of the county;
(9) To exercise all powers, duties, and authority in respect to zoning and planning;
(10) To create and change the boundaries of special taxing districts authorized by law;
(11) To fix the bonds of county officers where same are not fixed by statute;
(12) To enact any ordinances or other legislation which the county may be given au thority to enact;
(13) To determine the priority of capital improvements;
(14) To call elections for the voting of bonds;
(15) Except as otherwise provided in this Act, to exercise all of the power and au thority which may be delegated by law to the governing authority of the county, by whatever name designated; and
(16) To appoint retained legal counsel and an independent county auditor and pro vide for their compensation.
SECTION 12.
Formal sealed bids shall be received for all purchases in amounts over $1,000.00. Ad vertisements for such bids shall be published for two consecutive weeks in the official organ of Jackson County. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay.
SECTION 13.
The internal organization of the county government shall be established and altered by the board of commissioners. Existing departments may be abolished and their functions transferred to other departments, additional departments may be created, and any two or more departments may be consolidated.
SECTION 14.

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The board of commissioners shall employ a county manager having at least a bache lor's degree in public administration or a related field or at least five years' experience as a county manager or city manager. The county manager shall serve at the pleasure of the board of commissioners, shall receive such salary as determined by the board of commissioners, shall not be an elected official of any county or municipality, and shall have the following duties, powers, and authority:
(1) To supervise the administration of the affairs of the county and to see that the ordinances, resolutions, and regulations of the board of commissioners and the laws of the state are faithfully executed and enforced;
(2) To employ and remove all department heads of the county under the jurisdiction of the board of commissioners and staff employees of the county manager, pursuant to policies established by the board, except for the county attorney, county auditor, and members of all the boards, commissions, and authorities who shall be appointed and removed by the board of commissioners pursuant to law or county ordinance;
(3) To exercise managerial authority and supervision over the county manager's staff and all department heads under the jurisdiction of the board of commissioners;
(4) To require reports from heads of departments and other employees entrusted with administrative duties or exercising discretion. The county manager shall have at all times the authority to examine all books and records of every officer and de partment of the county under the jurisdiction of the board of commissioners;
(5) To attend all meetings of the board of commissioners with a right to take part in the discussions but having no vote and to prepare an agenda of both new and un resolved business for each meeting;
(6) To recommend to the board of commissioners for adoption such measures as the county manager may deem necessary or expedient;
(7) To supervise the performance of all contracts made by any person, company, or corporation with the county for work done for the board of commissioners;
(8) To submit to the board of commissioners for approval, prior to July 31 of each year, a proposed operating budget for the next fiscal year showing budget revenues and expenditures during the preceding fiscal year; appropriations and estimated revenue and recommended expenditures for the next fiscal year; recommended sala ries; proposed capital expenditures; recommended tax levies; and such other infor mation and data as may be considered necessary by the board of commissioners;
(9) To keep the board of commissioners fully advised as to the financial condition and needs of the county;
(10) To make or cause to be made a full written report to the board of commission ers each month showing the operations and expenditures of each department of the county government for the preceding month;
(11) To serve as or designate a personnel director in the supervision and adminis tration of the county's personnel system for county employees;
(12) To delegate purely administrative duties to department heads or subordinates in the county government whose work the county manager shall supervise and di rect; provided, however, that the delegation or assignment of duties to subordinates shall not relieve the county manager from responsibility for administration of county affairs;

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(13) To act as the clerk of the Board of Commissioners of Jackson County with the authority to delegate the administrative duties of such position;
(14) To perform such other duties as may be prescribed by this Act or as may, from time to time, be required by the board of commissioners; and
(15) To cooperate with elected and appointed county officers in management of the county's affairs.
SECTION 15.
The clerk of the board of commissioners shall keep a proper and accurate book of min utes. The book of minutes of the board of commissioners shall contain all the acts, or ders, and proceedings of the board of commissioners in chronological order. The min utes book of the board of commissioners shall be open to the public for inspection at all times during regular office hours; and certified copies of any entries in the minutes book shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as are other funds, to be assessed by the board of commissioners in an amount sufficient to defray the cost of preparing same.
SECTION 16.
(a) The county will comply with Chapter 81 of Title 36 of the O.C.G.A., relating to lo cal government budgets and audits, as well as the following provisions of this section.
(b) At the time the proposed budget is submitted to the board, the county manager shall cause to be published in the official organ of Jackson County a copy of the pro posed budget along with the public notices required by subsection (e) of Code Section 36-81-5 of the O.C.G.A. It shall be the duty of the board to hold a meeting at the time and place specified in the notice for the purpose of conducting such public hearing. The board shall review the proposed budget at such public hearing and may adopt the same as submitted by the county manager or make such amendments thereto as the board may deem necessary to maintain the county in sound financial condition. The board may continue the hearing on the proposed budget from time to time, but the time of and the place where the hearing is continued shall be publicly announced at the previous hearing. The board shall adopt the proposed budget as submitted or as amended by the board as the budget for the county for the following fiscal year prior to the beginning of the new fiscal year to which it applies.
(c) The final budget adopted by the board shall constitute the board's appropriations of all funds for the fiscal year covered by the budget. The budget may be amended during the fiscal year which it covers upon the board's taking formal action for such purpose at a regular meeting of the board. Prior to taking such action, the board shall cause to be published in the official organ of Jackson County a notice setting forth the proposed changes in the budget and a summary of the reasons therefor. Said notice shall also state the time and place of the regular meeting of the board at which action to amend the budget is to be taken. Said notice shall be published at least ten days prior to the date of the meeting. No increase in appropriations shall be made without provision also being made to finance such increase.
(d) A copy of the final budget adopted by the board and any amendment to or revision of the budget shall be transmitted by the county manager to the grand jury of the Su perior Court of Jackson County then in session.
SECTION 17.

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No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The county manager shall enforce compliance with this provision by all departments of county government and to this end shall institute a system of allotments of all moneys appro priated and budgeted.
SECTION 18.
The board of commissioners shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an an nual continuous audit of county finances and financial records. The accountant so em ployed shall be paid out of county funds and shall perform a complete audit of the fi nancial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the board of commissioners. Each annual report submitted to the board of commissioners shall be made available for public inspection as are other records in such office. The board of commissioners shall cause to be published in the official organ of Jackson County and posted at the courthouse door a statement of the financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Su perior Court of Jackson County a copy of each annual report furnished by said ac countant to the board of commissioners."
SECTION 2.
An Act creating the office of tax commissioner of Jackson County, placing the clerk of the superior court, the sheriff, the judge of the probate court, and the tax commissioner on a salary basis of compensation and providing for the compensation of the chairperson and members of the Board of Commissioners of Jackson County, approved March 21, 1968 (Ga. L. 1968, p. 2536), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4200), is amended by striking Section 14 in its entirety and in serting in lieu thereof a new Section 14 to read as follows:
"SECTION 14.
Reserved."
SECTION 3.
It shall be the duty of the governing authority of Jackson County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval.
SECTION 4.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election su perintendent of Jackson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Jackson County for ap proval or rejection. The election superintendent shall conduct this election on the date provided by law for the conduct of special election in November, 1999. The election su perintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Jackson County. The ballot shall have written or printed thereon the words:
"Question No. 1

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( ) YES ( ) NO

Shall the governing authority of Jackson County be changed to a five-member board of commissioners to be composed of a chairperson and four additional district commissioners, with compensation for each and a county manager to be employed by the board of commissioners?

Question No. 2

If a majority of votes cast on Question No. 1 are in favor of changing the governing au thority of Jackson County to a five-member board of commissioners, select the type of board which you favor by placing a check (/) mark or (X) in the appropriate space below. Vote for only one of the options below:

OPTION 1

_____

A board of commissioners to be composed of a chairperson to be elected at large and four additional commissioners residing in spec ified commissioner districts but elected at large, whereby any quali fied elector of the county may vote for 100 percent of the member ship of the board of commissioners; or
OPTION 2

_____

A board of commissioners to be composed of a chairperson to be elected at large and four additional commissioners residing in spec ified commissioner districts and elected from such districts, whereby any qualified elector of the county may vote for 40 percent of the membership of the board of commissioners."

No voter shall vote for more than one of the options in Question No. 2. All persons desir ing to vote for approval of changing the governing authority of Jackson County to a fivemember board of commissioners shall vote "Yes" on Question No. 1 and those persons desiring to vote against changing the governing authority of Jackson County to a fivemember board of commissioners shall vote "No" on Question No. 1. If more than onehalf of the votes cast on Question No. 1 are for approval of changing the governing au thority of Jackson County to a five-member board of commissioners, then either Section 1A or Section IB and Section 2 of this Act shall become effective as provided in this sec tion. If more than one-half of the votes cast on Question No. 1 are against changing the governing authority of Jackson County to a five-member board of commissioners or if the election is not conducted as provided in this section, then neither Section 1A nor Section IB nor Section 2 of this Act shall become effective and this Act shall be automatically repealed on the first day of January following that election date.

If more than one-half of the votes cast on Question No. 1 are for approval of changing the governing authority of Jackson County to a five-member board of commissioners and more than one-half of the votes cast on Question No. 2 are cast in favor of Option 1 or if there is a tie vote between Option 1 and Option 2, then Section 1A of this Act shall be come effective on January 1, 2000, for the sole purpose of conducting the elections re quired by said section and for all purposes on January 1, 2001, Section 2 of this Act shall become effective on January 1, 2001, and Section IB of this Act shall be automati cally repealed on January 1, 2000. If more than one-half of the votes cast on Question No. 1 are for approval of changing the governing authority of Jackson County to a fivemember board of commissioners and more than one-half of the votes cast on Question No. 2 are cast in favor of Option 2, then Section IB of this Act shall become effective on January 1, 2000, for the sole purpose of conducting the elections required by said section

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and for all purposes on January 1, 2001, Section 2 of this Act shall become effective on January 1, 2001, and Section 1A of this Act shall be automatically repealed on January 1, 2000.
The expense of such election shall be borne by Jackson County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 5.
Except as otherwise provided in Section 4 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.

Operator: local Client: Jackson Plan: jack99p2
District No. 1 JACKSON Tract: 0102. Block: 125, 133, 143, 145, 146, 147, 148, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177A, 177B, 186, 192, 193, 194, 195, 196, 197 Tract: 0106. Block: 206, 207, 208A, 208B, 209, 210, 211, 212, 213, 214A, 214C, 214D, 214E, 214F, 214G, 214H, 214J, 214K, 214L, 214M, 214N, 214P, 214R, 214T, 215A, 215B, 216, 217, 218, 219, 220, 221A, 221B, 222, 223, 224, 263, 264, 265A, 265B, 303A, 304, 305A, 305B, 305C, 306A, 306B, 306C, 306D, 307, 308A, 309A, 309B, 312, 313, 357, 358 Tract: 0107. Block: 101, 102, 103, 104, 105A, 105B, 105C, 105D, 105E, 106, 107, 108A, 108B, 108C, 108D, 109A, 109B, 109C, 109D, 109E, 109F, 110, 111A, 111B, 111C, HID, HIE, 111F, 111G, 111H, 112, 113A, 113B, 113C, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 126C, 127, 128A, 128B, 128C, 128D, 128E, 129A, 129B, 130A, 130B, 130C, 137A, 137B, 138A, 138B, 138C, 138D, 138E, 138F, 138G, 138H, 138J, 138K, 138L, 138M, 138N, 138P, 138R, 140, 142A, 142B, 143, 144A, 144B, 144C, 144D, 144E, 144F, 144G, 144H, 145A, 145B, 145C, 146, 147, 148A, 148B, 149, 150, 151, 152, 153, 154A, 154B, 155A, 155B, 155C, 156A, 156B, 156C, 156D, 156E, 156F, 156G, 157A, 157B, 157C, 157D, 158, 159, 160, 161A, 161B, 161C, 162A, 162B, 162C, 162D, 162E, 162F, 162G, 162H, 162J, 162K, 162L, 162M, 162N, 163, 164A, 164B, 165, 166A, 166B, 166C, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190A, 190B, 190C, 190D, 190E, 190F, 191, 192A, 192B, 192C, 192D, 192E, 192F, 192G, 192H, 192J, 193A, 193B, 194A, 194B, 195A, 195B, 195C, 196A, 196B, 196C, 196D, 196E, 196F, 197 Block Group: 2 Block Group: 3

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Block: 401, 402, 403, 404A, 404B, 405A, 405B, 405C, 405D, 405E, 405F, 405G, 406A, 406B, 406C, 406D, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452
District No. 2 JACKSON Tract: 0102. Block: 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 149A, 149B, 150, 151, 152, 153, 154, 155, 156, 157A, 157B, 158, 159, 160, 161, 162, 163 Tract: 0103. Tract: 0104.
District No. 3 JACKSON Tract: 0101. Tract: 0102. Block: 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 138, 139, 140, 141, 142, 144, 178A, 178B, 178C, 178D, 179, 180, 181, 182, 183, 184, 185, 187, 188, 189A, 189B, 190A, 190B, 190C, 191 Tract: 0107. Block: 131A, 131B, 131C, 132, 133A, 133B, 133C, 133D, 133E, 134A, 134B, 134C, 134D, 134E, 135A, 135B, 136, 139, 141, 420, 421, 422, 423, 434, 435, 436, 437
District No. 4 JACKSON Tract: 0105. Tract: 0106. Block: 201, 202, 203, 204, 205, 214B, 214U, 214V, 214W, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 301, 302, 303B, 303C, 303D, 303E, 303F, 303G, 308B, 310, 311, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356
On the adoption of the substitute, the yeas were 51, nays 0, and the substitute was adopted.
*HB 555:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 555:
A BILL
To be entitled an Act to amend an Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to change the provisions relating to the compensation and expenses of the members of the board; to provide for itemized, verified accounts of expenses; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, is amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"SECTION 8.
(a) The chairperson of the board of commissioners shall receive an annual base salary of $7,800.00 payable in equal monthly installments from the funds of Twiggs County.
(b) Each member of the board other than the chairperson shall receive an annual base salary of $5,400.00 payable in equal monthly installments from the funds of Twiggs County."
SECTION 2.
Said Act is further amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"SECTION 9.
(a) Except as otherwise provided in subsection (b) of this section, in addition to com pensation provided for in Section 8 of this Act, the chairperson and other members of the board shall be reimbursed for actual expenses, including expenses for lodging and meals, incurred by them in carrying out their official duties within and outside the county, but within the state, including attendance at seminars or other training meet ings for county officials; provided, however, that the chairperson and other members shall be required to submit to the board an itemized, verified account of any such ex penses; and provided, further, that except as otherwise provided in subsection (b) of this section, neither the chairperson nor any other member of the board shall be reim bursed more than $1,800.00 per annum for actual expenses incurred in carrying out his or her duties. When using their personal automobiles in traveling on official busi ness outside the county, the chairperson and all other members shall be reimbursed for travel expenses at the legal mileage rate authorized under Code Section 50-19-7 of the O.C.G.A., as now or hereafter amended. All expenses provided for in this section shall be paid from the funds of Twiggs County.
(b) A member of the board of commissioners, including the chairperson, may expend additional funds paid from county funds in the case of an emergency, incurring addi tional travel expense, or some other cause, provided that such expenditure of funds is approved by a majority of the members of the board of commissioners."
SECTION 3.
This Act shall become effective on January 1, 2000.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 51, 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:

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Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden
Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott
Smith Y Starr Y Stephens Y Stokes
Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson
Walker Y Williams

On the passage of the local bills, the yeas were 51, nays 0.
The bills on the Local Consent Calendar, except HB 190 and HB 555, having received the requisite constitutional majority, were passed.
HB 190 and HB 555, having received the requisite constitutional majority, were passed by substitute.
The following bill was taken up to consider House action thereto:
SB 57. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to provide for the Georgia Regional Transportation Authority; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change certain provisions relating to transit ser vices with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Governor's Development Council.
Senator Thompson of the 33rd moved that the Senate adhere to its disagreement to the House substitute to SB 57 and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the President ap pointed as a Conference Committee the following Senators: Thompson of the 33rd, Streat of the 19th and Hill of the 4th.
SENATE RULES CALENDAR
Monday, March 8, 1999

MONDAY, MARCH 8, 1999

835

THIRTY-FIRST LEGISLATIVE DAY

SB 123

Traffic Signals-monitoring devices to record violations (Substitute)(Amendments)(Pub Saf-39th)

SB 48

Surface Water Permits-prohibit those for aquifer storage of water (SubstituteXNat R-lst)

SB 165

Day-Care Centers-employee records and fingerprint records checks (Amendments)(H&HS-34th)

SB 132

Student Discipline-annual filing of reports by local boards of education (Substitutes)(Ed-39th)

SB 220

Flint Judicial Circuit-payment of salary supplements, judges, District Attorneys (S Judy-17th)

SR 196 Senate Transportation Revenues Study Committee-create (Trans-2nd)

SB 192

School Liability Insurance-include certain volunteer nonprofit organiza tions (I&L-5th)

SB 222 Workforce Reinvestment Act of 1999-enact (Amendment)(F&PU-33rd)

SB 248

Commissioners of Banks and Banking and Corrections-salary determi nation (F&PU-22nd)

SB 240

Local Government Cable Fair Competition Act of 1999-enact (F&PU1st)

SR 46

Social Security-urge Congressional priority to strengthen, continue (Amendments)(Rules-22nd)

SR 184

Joint Study Committee on Regional Development Centers and Metro Area Planning and Development Commissions-create (S Judy-28th)

SB 200

Consumers' Insurance Advocate-creation, powers, compensation (Substitute)(I&L-33rd)

SB 236

Vehicle Accidents-change provisions on removing vehicle from roadway (Trans-19th)

SR 116

Joint Mental Health, Mental Retardation, Substance Abuse Service De livery Study Committee-create (Amendment)(Rules-47th)

SR 137 P. V. Stripling Memorial Highway-designate (Substitute) (Trans-20th)

SR 157 Andrew Jackson Ash Memorial Bridge-designate (Trans-50th)

SB 127 Prestige License Plates-relating to firefighters (F&PU-47th)

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:

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SB 123. By Senators Fort of the 39th, Egan of the 40th, Hill of the 4th and others:
A bill to amend Article 2 of Chapter 6 of Title 40 of the Official Code of Geor gia Annotated, relating to traffic signs, signals, and markings, so as to author ize the Department of Public Safety or the governing authority of any political subdivision of this state to establish a system of traffic-control signal monitor ing devices so as to provide procedures for the recording of violations of trafficcontrol signals.
The substitute offered by Senator Fort of the 39th (LC 25 1329S) as it appears and was adopted in the Journal of February 23, was continued upon its passage.
Senator Price of the 56th offered the following amendment:
Amend the LC 25 1329S substitute to SB 123 by striking "or" on line 29 of page 4.
By striking line 34 of page 4 and inserting in lieu thereof the following:
"of the alleged violation; or
(iii) Submits to the court prior to the return date established on the citation a sworn notarized statement that he or she was not the operator of the vehicle at the time of the alleged violation.".
On the adoption of the amendment, the yeas were 48, nays 0, and the Price amendment (0264) was adopted.
Senator Price of the 56th offered the following amendment:
Amend the LC 25 1329S substitute to SB 123 by striking "first class" on line 24 of page 3 and inserting in lieu thereof "certified".
Senator Price of the 56th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment (0263) was withdrawn.
Senator Fort of the 39th offered the following amendment:
Amend the LC 25 1329S substitute to SB 123 by striking "or" on line 29 of page 4.
By striking line 34 of page 4 and inserting in lieu thereof the following:
"of the alleged violation; or
(iii) Submits to the court prior to the return date established on the citation an affidavit of the owner or, if the owner is not a natural person, its authorized agent, in such form as prescribed by regulation of the department and which shall be included in the statement mailed to the owner pursuant to division (iv) of subparagraph (B) of this paragraph, stating the name and address of the per son other than the owner who had care, custody, and control of the vehicle at the time of the alleged violation; in which event a uniform traffic citation, a copy of such affidavit, and copies of the recorded image and sworn technician's certificate provided by subparagraph (B) of this paragraph may be mailed to such other person not later than ten days after any dismissal of the charge against the owner.".
By striking lines 6 and 7 of page 5 and inserting in lieu thereof the following:
"the penalty for the violation or otherwise contested liability as provided in this sub section, such inaction shall constitute a waiver of any contest of liability by such per son for purposes of this subsection. No proceedings".

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Senator Fort of the 39th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment (0270) was withdrawn.
Senator Fort of the 39th offered the following amendment:

Amend the LC 25 1329S substitute to SB 123 by striking "$250.00" and inserting in lieu thereof "$100.00" on line 17 of page 3.
On the adoption of the amendment, the yeas were 42, nays 0, and the Fort amendment (0274) was adopted.
Senator Price of the 56th offered the following amendment:
Amend the Fort substitute to SB 123 by adding on line 24, page 3, following the word class: "and certified"
On the adoption of the amendment, the yeas were 48, nays 0, and the Price of the 56th amendment to the Fort substitute was adopted.
On the adoption of the substitute, the yeas were 40, nays 0, and the Fort substitute was adopted as amended.

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

Y Balfour N Blitch Y Bowen Y Broun, 46th Y Brown, 26th N Brush N Burton Y Butler N Cable N Cagle Y Cheeks Y Crotts N Dean Y Egan Y Fort N Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins N Jackson Y James
Johnson,D N Johnson,E Y Kemp N Ladd N Lamutt N Land Y Lee N Madden N Marable Y Meyer von Bremen N Perdue Y Polak

N Price,R Y Price.T Y Ragan N Ray Y Roberts Y Scott Y Smith N Starr N Stephens Y Stokes N Streat N Tanksley Y Tate Y Thomas,D Y Thomas.N N Thompson Y Walker N Williams

On the passage of the bill, the yeas were 32, nays 23. The bill, having received the requisite constitutional majority, was passed by substitute.
SB 48. By Senators Johnson of the 1st, Johnson of the 2nd, Kemp of the 3rd and Hill of the 4th:

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A bill to amend Code Section 12-5-31 of the Official Code of Georgia Anno tated, relating to permits for the withdrawal, diversion, or impoundment of surface water, so as to prohibit acceptance, processing, or granting of any ap plication for a permit for any applicant who uses or proposes to use aquifer storage or recovery of surface water.
The Senate Natural Resources Committee offered the following substitute to SB 48:

A BILL

To be entitled an Act to amend Code Section 12-5-31 of the Official Code of Georgia An notated, relating to permits for the withdrawal, diversion, or impoundment of surface water, so as to prohibit granting of any application for a permit for any applicant who uses or proposes to use aquifer storage or recovery of surface water; to prohibit diver sion, recharging, or placing water withdrawn pursuant to a permit into any aquifer; to provide for a definition; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 12-5-31 of the Official Code of Georgia Annotated, relating to permits for the withdrawal, diversion, or impoundment of surface water, is amended by inserting at the end thereof the following:

"(p)(l) The director shall not grant any permit for surface-water withdrawal, diver sion, or impoundment for any applicant who uses or proposes to use aquifer storage or recovery of surface water. No water withdrawn pursuant to a permit obtained under this Code section shall be diverted, recharged, or otherwise placed into any aquifer. For the purposes of this subsection, the term 'aquifer' shall have the mean ing set out in Code Section 12-5-92. This subsection shall be automatically repealed December 31, 2004.

(2) The provisions of this subsection shall apply only for permits requested in a coastal area, as such term is defined in paragraph (4) of Code Section 12-5-322."

SECTION 2.

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

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks

Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill

Y Hooks Y Huggins Y Jackson Y James
Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee

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839

Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan

Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat

Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 165. By Senators Hecht of the 34th, Dean of the 31st, Scott of the 36th and others:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Geor gia Annotated, relating to employees' records checks for day-care centers, so as to provide that no person may be employed at a day-care center without a sat isfactory preliminary records check or satisfactory state fingerprint records check determination and a satisfactory or pending national fingerprint records check determination within the previous 12 months.
Senator Hecht of the 34th asked unanimous consent that SB 165 be dropped to the foot of the Calendar. The consent was granted, and SB 165 was dropped to the foot of the Senate Rules Calendar for today.

SB 132. By Senators Fort of the 39th, Scott of the 36th and Walker of the 22nd:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline, so as to require lo cal boards of education to file annual reports with the State Board of Educa tion regarding student discipline actions; to provide for the contents of such reports; to provide for a penalty for failure to file such reports.
The Senate Education Committee offered the following substitute to SB 132:
A BILL
To be entitled an Act to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Offi cial Code of Georgia Annotated, relating to student discipline, so as to require local boards of education to file annual reports with the State Board of Education regarding student discipline actions; to require the State Board of Education to provide a summary report of such actions to the General Assembly; to provide for the contents of such re ports; to provide for a penalty for failure to file such reports; to change the definition of "long-term suspension" in Subpart 2 of said part, the "Public School Disciplinary Tribu nal Act"; to change the provisions relating to notice of a hearing to be held by a discipli nary hearing officer, panel, or tribunal of school officials; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline, is amended by adding a new subpart, to be designated as Subpart 1A, to read as follows:
"Subpart 1A

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20-2-735.
(a) Each local board of education shall file an annual report, by August 1 of each year, with the State Board of Education regarding disciplinary actions taken during the prior school year. The state board shall provide a summary report to the General As sembly by December 1 of each year. Such report shall classify the types of disciplinary actions into the following categories:
(1) Actions in which a student was assigned to in-school suspension;
(2) Actions in which a student was suspended for a period of ten days or less;
(3) Actions in which a student was suspended for a period of more than 15 days but not beyond the current school quarter or semester;
(4) Actions in which a student was expelled beyond the current school quarter or se mester but not permanently expelled;
(5) Actions in which a student was permanently expelled;
(6) Actions in which a student was placed in an alternative educational setting; and
(7) Actions in which a student was suspended from riding the bus.
(b) For each category of disciplinary action listed in paragraphs (1) through (7) of sub section (a) of this Code section, the local board shall provide the following information: the number of students subject to the type of disciplinary action; the age and grade level of such students; such students' race and gender; whether the students reside in one-parent or two-parent homes, where such information is known by or available to school officials without questioning the student; and the number of students subject to the type of disciplinary action who were eligible for free or reduced price lunches under federal guidelines. The data required by this Code section shall be reported separately for each school within the local school system and collected and reported in accordance with the requirements of 20 U.S.C. Sections 1232g and 1232h.
(c) Pursuant to Code Section 20-2-243, state funds may be withheld from a local school system which fails to file the annual reports required by this Code section."
SECTION 2.
Said part is further amended in Code Section 20-2-751, relating to definitions for the "Public School Disciplinary Tribunal Act," by striking in its entirety paragraph (2) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Long-term suspension' means the suspension of a student from a public school for more than ten 15 school days but not beyond the current school quarter or se mester. Long-term suspension also means the short-term suspension of a student which causes the student's yearly total of school days missed due to suspension to exceed 15 school days; provided, however, that in cases involving the alleged com mission of a felony, long-term suspension shall not mean a period of suspension, not exceeding ten school days, prior to holding a disciplinary hearing pursuant to Code Section 20-2-754."
SECTION 3.
Said part is further amended in Code Section 20-2-754, relating to procedures to be fol lowed by disciplinary officers, panels, or tribunals, by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:

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841

"(b) A disciplinary officer, panel, or tribunal of school officials appointed as required by Code Section 20-2-753 shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 202-752, ensure that:
(1) All parties are afforded an opportunity for a hearing after ttidbunable notice served personally or by regular and certified mail. This Unless notice is waived by the parent or guardian, such notice shall be given at least six calendar days prior to the hearing to all parties and to the parent or guardian of the student or students involved and shall include a statement of the time, place, and nature of the hearing; a short and plain statement of the matters asserted; and a statement as to the right of all parties to present evidence and to be represented by legal counsel;
(2) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues unresolved; and
(3) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties."
SECTION 4.
This Act shall become effective on July 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 0, nays 33, and the committee substi tute was lost.
Senator Fort of the 39th offered the following substitute to SB 132:
A BILL
To be entitled an Act to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Offi cial Code of Georgia Annotated, relating to student discipline in elementary and secon dary schools, so as to require local boards of education to file annual reports with the State Board of Education regarding student discipline actions; to require the State Board of Education to provide a summary report of such actions to the General Assem bly; to provide for the contents of such reports; to provide for a penalty for failure to file such reports; to require local boards of education to appoint a disciplinary hearing of ficer, panel, or tribunal of school officials to hold a disciplinary hearing to impose shortterm suspension in certain circumstances; to change the provisions relating to notice of a hearing to be held by a disciplinary hearing officer, panel, or tribunal of school officials; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline, is amended by adding a new subpart, to be designated as Subpart 1A, to read as follows:
"Subpart 1A
20-2-735.

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(a) Each local board of education shall file an annual report, by August 1 of each year, with the State Board of Education regarding disciplinary actions taken during the prior school year. The state board shall provide a summary report to the General As sembly by December 1 of each year. Such report shall classify the types of disciplinary actions into the following categories:
(1) Actions in which a student was assigned to in-school suspension;
(2) Actions in which a student was suspended for a period of ten days or less;
(3) Actions in which a student was suspended for a period of more than 15 days but not beyond the current school quarter or semester;
(4) Actions in which a student was expelled beyond the current school quarter or se mester but not permanently expelled;
(5) Actions in which a student was permanently expelled;
(6) Actions in which a student was placed in an alternative educational setting; and
(7) Actions in which a student was suspended from riding the bus.
(b) For each category of disciplinary action listed in paragraphs (1) through (7) of sub section (a) of this Code section, the local board shall provide the following information: the number of students subject to the type of disciplinary action; the age and grade level of such students; such students' race and gender; whether the students reside in one-parent or two-parent homes, where such information is known by or available to school officials without questioning the student; and the number of students subject to the type of disciplinary action who were eligible for free or reduced price lunches under federal guidelines. The data required by this Code section shall be reported separately for each school within the local school system and collected and reported in accordance with the requirements of 20 U.S.C. Sections 1232g and 1232h.
(c) Pursuant to Code Section 20-2-243, state funds may be withheld from a local school system which fails to file the annual reports required by this Code section."
SECTION 2.
Said part is further amended in Code Section 20-2-753, relating to requirements that a disciplinary hearing officer, panel, or tribunal hold a disciplinary hearing following an allegation of assault and battery or damage to personal property intentionally caused by a student, by adding at the end thereof a new subsection (c) to read as follows:
"(c) In addition to any proceedings which are authorized in Code Section 20-2-752, lo cal boards of education shall appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing to impose short-term suspension which causes the student's yearly total of school days missed due to suspension to exceed 15 school days; provided, however, that the requirements of this subsection shall not ap ply to short-term suspension which is imposed based upon the alleged commission of a felony."
SECTION 3.
Said part is further amended in Code Section 20-2-754, relating to procedures to be fol lowed by disciplinary officers, panels, or tribunals, by striking in their entirety subsec tions (b) and (c) and inserting in lieu thereof new subsections (b) and (c) to read as follows:

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843

"(b) A disciplinary officer, panel, or tribunal of school officials appointed as required by Code Section 20-2-753 shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 202-752, ensure that:
(1) All parties are afforded an opportunity for a hearing after leasuuable notice served personally or by regular and certified mail. This notice shall be given to all parties and to the parent or guardian of the student or students involved and shall include a statement of the time, place, and nature of the hearing; a short and plain statement of the matters asserted; and a statement as to the right of all parties to present evidence and to be represented by legal counsel. A hearing may be held no earlier than six calendar days after notice is given, unless all parties and the parent or guardian of the student or students involved agree to conduct the hearing at an earlier time;
(2) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues unresolved; and
(3) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties.
(c) When if appointed to IK view au instance specified in as required by Code Section 20-2-753, the disciplinary officer, panel, or tribunal shall conduct the hearing and, af ter receiving all evidence, render its decision, which decision shall be based solely on the evidence received at the hearing. The decision shall be in writing and shall be given to all parties within ten days of the close of the record. Any decision by such disciplinary officer, panel, or tribunal may be appealed to the local board of education by filing a written notice of appeal within 20 days from the date the decision is ren dered. Any disciplinary action imposed by such officer, panel, or tribunal may be sus pended by the school superintendent pending the outcome of the appeal."
SECTION 4.
This Act shall become effective on July 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 41, nays 0, and the Fort substitute was adopted.
Pursuant to Senate Rule 143, action on SB 132 was suspended, and the bill was placed on the General Calendar.

SB 220. By Senator Crotts of the 17th:

A bill to amend an Act providing supplements to the salaries of the judges of superior court, the district attorney, and the chief assistant district attorney of the Flint Judicial Circuit so as to change the amount and method of payment of such supplements; to change the proportion of such supplements which each county shall pay.

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:

Balfour N Blitch

Y Bowen Y Broun, 46th

Y Brown, 26th N Brush

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Y Burton Y Butler Y Cable Y Cagle
Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht
Hill Y Hooks

Y Huggins Y Jackson Y James
Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T

Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker N Williams

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

SR 196. By Senators Johnson of the 2nd, Walker of the 22nd, Hill of the 4th and others:

A resolution creating the Senate Transportation Revenues Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Balfour N Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson, D Y Johnson,E Y Kemp Y Ladd Y Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thompson Y Walker N Williams

On the adoption of the resolution, the yeas were 48, nays 5. The resolution, having received the requisite constitutional majority, was adopted.

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845

SB 192. By Senator Burton of the 5th:
A bill to amend Article 18 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to liability insurance for state and local school officials and employees, so as to authorize local school boards to include provisions in suring certain nonprofit volunteer organizations and their members in insur ance policies and indemnity contracts purchased for school officials and employees.
Senators Burton of the 5th and Land of the 16th offered the following amendment:
Amend SB 192 by inserting a comma on line 23 after "organizations" and by striking "and" and "dues - paying" on line 23 and by inserting on line 24 after "members" the fol lowing: ", and school volunteers"
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen
Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SB 222. By Senators Thompson of the 33rd, Golden of the 8th, Tanksley of the 32nd and Stokes of the 43rd:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, relating to employment security, so as to enact the "Workforce Reinvest ment Act of 1999"; to provide for a new employer rate of contributions; to re peal the drug-free workplace tax reduction; to extend certain sunset provisions; to extend the sunset provisions of benefit experience and variations from standard rate.

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The Senate Finance and Public Utilities Committee offered the following amendment:

Amend SB 222 by striking the designation "(c)" on line 20 on page 9 and inserting in its place the designation "(C)".
By striking the word "Ration" on line 13 on page 13 and inserting in its place the word "Ratio".

By striking on line 27 on page 16 the number "0.8" and inserting in lieu thereof the number "0.08".
By striking the word "a" on line 9 on page 17. By striking the word "Radio" on line 31 on page 18 and inserting in lieu thereof the word "Ratio".
Senator Egan of the 40th moved the previous question. On the motion, the yeas were 38, nays 0; the motion prevailed, and the previous ques tion was ordered.
On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.
Senator Tanksley of the 32nd moved that SB 222 be immediately transmitted to the House. On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 222 was immedi ately transmitted.

SB 248. By Senators Walker of the 22nd and Dean of the 31st:

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847

A bill to amend Part 2 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the Department of Banking and Finance, so as to authorize the Governor to determine the salary of the commissioner of banks and banking; to amend Code Section 42-2-6 of the Official Code of Geor gia Annotated, relating to the commissioner of corrections, so as to authorize the board of corrections to set the salary of the commissioner subject to ap proval of the Governor.

Senator Walker of the 22nd offered the following amendment:

Amend SB 248 by inserting on line 9 on page 1 immediately following the word and symbol "Governor;" the following:
"to amend Code Section 42-9-5 of the Official Code of Georgia Annotated, relating to the compensation of the members of the State Board of Pardons and Paroles, so as to provide that such compensation shall be set by the Governor;"
By redesignating Sections 3 through 8 as Sections 4 through 9, respectively, and by in serting a new Section 3 to read as follows:
"SECTION 3.
Code Section 42-9-5 of the Official Code of Georgia Annotated, relating to the compensa tion of the members of the State Board of Pardons and Paroles, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
'42-9-5.

The members of the board shall devote their full time to the duties of their office. The salaries of the members of the board shall be set by the Governor and their The salarres; travel expenses; and costs of lodging and meals uf the mumbms uf the buaid shall be paid as provided in Code Sections 40-7-4 and Section 45-7-20.'"
By inserting on line 23 on page 2 immediately following the number "(8)" the number and symbol "(10),".
By inserting between lines 27 and 28 on page 2 the following:
"'(10) Each meiabui uf the Slate Duaid of Pardons and Paroles............... 65,157.00 Reserved'"
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle

Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison

Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,D Y Johnson.E Y Kemp Y Ladd

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Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R

Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes

Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas.N Y Thompson Y Walker Y Williams

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

SB 240. By Senators Johnson of the 1st, Cheeks of the 23rd and Dean of the 31st:

A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to enact the "Local Government Cable Fair Competi tion Act of 1999"; to provide for a short title; to define certain terms; to re quire public providers of cable service to conduct certain cost benefit analyses and hold a public hearing prior to authorizing the delivery of cable service.

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Hugging Y Jackson Y James
Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Liee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SR 46. By Senators Walker of the 22nd, Hooks of the 14th, Butler of the 55th and others:

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849

A resolution urging Congress to give priority to strengthening the Social Se curity system and ensuring that it continue to be universal and mandatory, with risk pooled among all workers.
The Senate Rules Committee offered the following amendment:
Amend SR 46 by striking lines 32 through 34 on page 1. On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted. Senator Gingrey of the 37th offered the following amendment: Amend SR 46 by deleting lines 32, 33, & 34 on page 1. Senator Gingrey of the 37th asked unanimous consent that his amendment be with drawn. The consent was granted, and the amendment (#1) was withdrawn. Senators Johnson of the 1st, Tanksley of the 32nd, Price of the 56th and Stephens of the 51st offered the following amendment: Amend SR 46 by adding a new closing paragraph: "Be it further resolved that the Georgia General Assembly urge Congress to permit Americans under the age of 50 to voluntarily withdraw from the Social Security System." Senator Johnson of the 1st asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Johnson of the 1st et al. amendment (#2) was withdrawn. Senator Johnson of the 1st offered the following amendment: Amend SR 46 by adding a new closing paragraph: "Be it further resolved that the Georgia General Assembly urge Congress to move cau tiously and in a bi-partisan manner toward any reform of Social Security." Senator Johnson of the 1st asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment (#3) was withdrawn. Senators Johnson of the 1st, Tanksley of the 32nd, Price of the 56th and Stephens of the 51st offered the following amendment: Amend SR 46 by adding after line 13 on page 2 a new closing paragraph: "Be it further resolved that the Georgia General Assembly urge Congress to use the budget surplus to save Social Security, cut income taxes by 10%, and begin to reduce our nation's debt." Senator Johnson of the 1st asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Johnson of the 1st, et al. amendment (#4) was withdrawn.
Senators Price of the 56th and Walker of the 22nd offered the following amendment:
Amend SR 46 by striking from lines 2 and 3 on page 1 the following: "and ensuring that it continue to be universal and mandatory, with risk pooled among all workers".
By striking lines 9 through 26 on page 1.

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By striking from lines 30 and 31 on page 1 the word and symbol "; and" and inserting in lieu thereof the symbol "."
By striking lines 32 through 34 on page 1 and lines 1 through 3 and lines 8 through 13 on page 2.
On the adoption of the amendment, the yeas were 45, nays 0, and the Price of the 56th, Walker amendment was adopted.
Senator Johnson of the 1st offered the following amendment:
Amend SR 46 by adding a new final paragraph:
"Be it further resolved that the Georgia General Assembly also urge Congress to abolish the Internal Revenue Service by 2008 to be replaced by a flat tax rate."
Senator Johnson of the 1st asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment (#6) was withdrawn.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to as amended.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 53, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 184. By Senators Price of the 28th, Lee of the 29th and Price of the 56th:
A resolution creating the Joint Study Committee on Regional Development Centers and Metropolitan Area Planning and Development Commissions.
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:

MONDAY, MARCH 8, 1999

851

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr
Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thompson
Walker Y Williams

On the adoption of the resolution, the yeas were 50, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
The President announced that the Senate would stand in recess until 1:30 p.m.
The President called the Senate to order at 1:30 p.m.
The following communication was received by the Secretary:
March 8, 1999
Honorable Mark Taylor Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor and Members of the Senate:
I submit to you for confirmation, as provided by law, the following appointments made by former Governor Zell Miller during 1998:
The Honorable Helen L. Strickland of Lanier County, as a member of the Georgia Agri cultural Exposition Authority for a term of office beginning November 25, 1998 and end ing July 1, 2002. The Honorable Andrew Pace of Gwinnett County, as a member of the State Board of Ar chitects for a term of office beginning November 3, 1998 and ending July 1, 1999.
The Honorable James W. Buckley of Emanuel County, as a member of the State Board of Architects for a term of office beginning December 3, 1998 and ending March 5, 2000.
The Honorable Rita C. Guest of Fulton County, as a member of the State Board of Ar chitects for a term of office beginning December 3, 1998 and ending July 1, 2001.
The Honorable Oscar L. Harris of Fulton County, as a member of the State Board of Ar chitects for a term of office beginning December 3, 1998 and ending March 5, 2003.

852

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The Honorable E. Camille Puckett of Gwinnett County, as a member of the State Board of Architects for a term of office beginning December 3, 1998 and ending July 1, 2002.
The Honorable Stanford Woodhurst, Jr. of Richmond County, as a member of the State Board of Architects for a term of office beginning December 3, 1998 and ending March 5, 2002.
The Honorable John Carter Wyle of Fulton County, as a member of the State Board of Architects for a term of office beginning December 3, 1998 and ending March 5, 2001.
The Honorable Ralph J. Balkcom of Early County, as a member of the Atlantic States Marine Fisheries Commission for a term of office beginning August 18, 1998 and ending May 18, 2001.
The Honorable Bob Lane of Bulloch County, as a member of the Atlantic States Marine Fisheries Commission for a term of office beginning August 18, 1998 to serve concur rently with his term as chair of the House Game, Fish and Parks Committee.
The Honorable Melvin Aired of Floyd County, as a member of the Georgia Auctioneers Commission for a term of office beginning October 1, 1998 and ending August 14, 2000.
The Honorable Norman G. Echols of Henry County, as a member of the Georgia Auc tioneers Commission for a term of office beginning October 1, 1998 and ending August 14, 2003.
The Honorable Frank S. Heard of Colquitt County, as a member of the Georgia Auction eers Commission for a term of office beginning October 1, 1998 and ending August 14, 2002.
The Honorable John S. Strickland of Colquitt County, as a member of the Georgia Auc tioneers Commission for a term of office beginning October 1, 1998 and ending August 14, 2001.
The Honorable E. Patrick Epps of Fulton County, the Honorable Henry Edward Lowe of Bibb County, the Honorable Dee Mathews of Dougherty County, the Honorable Edward D. Mendenhall of Chatham County, and the Honorable William C. Pappy of Hall County, as members of the Georgia Aviation Hall of Fame Board for a term of office beginning September 24, 1998 and ending July 1, 2003.
The Honorable Julius Alexander of Fulton County, the Honorable Charles W. Dryden of Fulton County, the Honorable Herbert E. Eschen of Bibb County, the Honorable Howard H. McWhorter, Jr. of Clarke County, the Honorable James R. Norton, Jr. of Gwinnett County, the Honorable Richard Roberts of DeKalb County, and the Honorable Robert H. Sprayberry of Douglas County, as members of the Georgia Aviation Hall of Fame Board for a term of office beginning September 24, 1998 and ending July 1, 2004.
The Honorable Stephen J. Adams of Gwinnett County, as a member of the State Board of Barbers for a term of office beginning October 8, 1998 and ending July 25, 2001.
The Honorable Virgil D. Ergle of Gwinnett County, as a member of the State Board of Barbers for a term of office beginning October 8, 1998 and ending July 25, 2000.
The Honorable Lorena K. Holland of Richmond County and the Honorable Winston Strickland of Bartow County, as members of the State Board of Barbers for a term of of fice beginning October 8, 1998 and ending December 29, 1999.
The Honorable Charles W. Manning, Sr. of Laurens County, as a member of the State Board of Barbers for a term of office beginning October 8, 1998 and ending June 30, 2001.

MONDAY, MARCH 8, 1999

853

The Honorable Jessie B. Davis of Clayton County and the Honorable Moses Ector of DeKalb County, as members of the State Boxing Commission for a term of office begin ning November 24, 1998 and ending November 6, 2002.
The Honorable Raoul M. Haw of Cobb County, as a member of the Georgia Board of Chi ropractic Examiners for a term of office beginning October 20, 1998 and ending June 30, 2000.
The Honorable Linda Steele Denham of Bartow County and the Honorable Davis Kinney of Dougherty County, as members of the Georgia Board of Chiropractic Examiners for a term of office beginning October 20, 1998 and ending August 20, 2000.
The Honorable Kelly M. Reed, Jr. of Henry County, as a member of the Georgia Board of Chiropractic Examiners for a term of office beginning October 20, 1998 and ending Au gust 20, 2001.
The Honorable Mark Cotney of Upson County and the Honorable Samuel J. Sparlin of Fulton County, as members of the Georgia Board of Chiropractic Examiners for a term of office beginning October 20, 1998 and ending August 20, 2002.
The Honorable Roger Boatright of Bacon County, as a member of the Board of Commu nity Affairs for a term of office beginning August 11, 1998 and ending July 1, 2003.
The Honorable Donald T. Browne of Fulton County, as a member of the Board of Com munity Affairs for a term of office beginning September 1, 1998 and ending July 1, 2002.
The Honorable Roy F. Chalker, Jr. of Burke County, as a member of the Board of Com munity Affairs for a term of office beginning August 3, 1998 and ending July 1, 2003.
The Honorable Jack Dayton of Towns County, as a member of the Board of Community Affairs for a term of office beginning August 3, 1998 and ending July 1, 2000.
The Honorable Cecil Passmore, Jr. of Laurens County, as a member of the Board of Community Affairs for a term of office beginning August 19, 1998 and ending July 1, 2001.
The Honorable Paul T. Addis, Jr. of Fayette County, the Honorable Andrew Chambers of Fayette County, the Honorable Margie G. Clark of DeKalb County, the Honorable Sandria D. Dupree of DeKalb County, the Honorable Ken Fonda of Rockdale County, the Honorable Lamar Fuller of Gwinnett County, the Honorable Melvin J. Griffin of Douglas County, the Honorable Morris Edwin Harrison of Gwinnett County, the Honorable Don Kitchens of Clayton County, the Honorable Patrick D. McCarthy of Chatham County, the Honorable Nadar Niknejad of Fulton County, the Honorable Daniel W. Phillips of Gwinnett County, the Honorable H. Grady Smith, III of Richmond County, the Honora ble Don Swords of Gwinnett County, the Honorable Randall R. Thompson of Butts County, the Honorable Ashmel Williams of Fulton County and the Honorable Lawton Wimberly of DeKalb County, as members of the Construction Industry Licensing Board for a term of office beginning October 28, 1998 and ending June 30, 1999.
The Honorable Douglas R. Johnson of Cobb County, the Honorable William Harry John son of Cobb County, the Honorable Charles Lance of Taylor County and the Honorable Maudine M. Wright of Coffee County, as members of the Construction Industry Licens ing Board for a term of office beginning October 28, 1998 and ending June 30, 2000.
The Honorable James B. Norris of Richmond County, the Honorable Robert D. Peckham of Clarke County, the Honorable Donnie E. Perry of Cherokee County and the Honorable Gerald T. Willis of Houston County, as members of the Consumer Advisory Board for a term of office beginning October 29, 1998 and ending July 1, 1999.

854

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The Honorable J. Oliver Brown of DeKalb County, the Honorable C. Randy Humphrey of DeKalb County, the Honorable Ira Moore of Glynn County, the Honorable Marvin P. Nodvin of Fulton County and the Honorable Kim Warden of Fulton County, as members of the Consumer Advisory Board for a term of office beginning October 29, 1998 and ending July 1, 2000.
The Honorable Beth Abney of Clarke County, the Honorable David M. Bolton of Spalding County, the Honorable Ben F. Cheek, III of Stephens County and the Honorable El eanor Cox of Troup County, as members of the Consumer Advisory Board for a term of office beginning October 29, 1998 and ending July 1, 2001.
The Honorable Patricia B. Miller of Cobb County, as a member of the Board of Correc tions for the term of office beginning April 18, 1998 and ending July 1, 2001.
The Honorable William H. Whaley of Fulton County, as a member of the Board of Cor rections for a term of office beginning April 30, 1998 and ending July 1, 2002.
The Honorable Pauline Woods of Chatham County, as a member of the Board of Correc tions for a term of office beginning September 17, 1998 and ending July 1, 1999.
The Honorable Jarrett Eugene Hodge of Muscogee County, the Honorable Bruce Hudson of Douglas County and the Honorable Charles D. Hudson of Troup County, as members of the Board of Corrections for a term of office beginning September 17, 1998 and ending July 1, 2003.
The Honorable Elmo C. Thrash, Jr. of DeKalb County, as a member of the Board of Cor rections for a term of office beginning October 23, 1998 and ending July 1, 2003.
The Honorable Tunde McManimen of DeKalb County, as a member of the Georgia Board Dentistry for a term of office beginning September 17, 1998 and ending June 30, 2000.
The Honorable Willis J. Walker, Jr. of Richmond County and the Honorable Carol M. Wolff of Fulton County, as members of the Georgia Board of Dentistry for a term of of fice beginning September 17, 1998 and ending January 4, 2003.
The Honorable Larry C. Miller of Chatham County, as a member of the Georgia Board of Dentistry for a term of office beginning September 21, 1998 and ending August 1, 2002.
The Honorable David L. Balser of Fulton County, as a member of the State Elections Board for a term of office beginning May 7, 1998 and ending May 8, 2000.
The Honorable William E. Strickland of Franklin County, as a member of the State Board of Directors of the Employees' Assurance Department for a term of office begin ning December 4, 1998 and serving at the pleasure of the Governor.
The Honorable Robert Wagner of DeKalb County, as a member of the Board of Trustees of the Employees Retirement System of Georgia for a term of office beginning September 25, 1998 and ending June 30, 1999.
The Honorable Ed London of Fulton County, as a member of the Board of Commission ers of the Commission on Equal Opportunity for a term of office beginning November 3, 1998 and ending September 29, 1999.
The Honorable Patricia D. McCrory of Fulton County, as a member of the Board of Com missioners of the Commission on Equal Opportunity for a term of office beginning No vember 3, 1998 and ending September 29, 2000.
The Honorable Norris Westbrooks, Jr. of Bartow County, as a member of the Board of Trustees of the Georgia Firemen's Pension Fund for a term of office beginning August 6, 1998 and ending June 30, 2000.

MONDAY, MARCH 8, 1999

855

The Honorable Michael H. Buice of Gwinnett County and the Honorable C. H. Wofford of Rockdale County as members of the Board of Trustees of the Georgia Firemen's Pen sion Fund for a term of office beginning August 6, 1998 and ending June 30, 2002.
The Honorable James Burton Davis of Cobb County, as a member of the State Board of Funeral Service for a term of office beginning November 3, 1998 and ending February 13, 2004.
The Honorable Arlie McNeill of Glynn County, as a member of the State Board of Fu neral Service for a term of office beginning November 3, 1998 and ending February 13, 2003.
The Honorable Margaret Adams of Cobb County, the Honorable Karl Webster Barnes of Fulton County, the Honorable Ray M. Beck of Polk County, the Honorable Dixie H. Dukes of Henry County, the Honorable Horace Lee Hudgins of Irwin County, the Honor able Abit Massey of Hall County, the Honorable L. Eugene Neal, Jr. of Richmond County, the Honorable Shirley Green Reese of Dougherty County and the Honorable Jack H. Waters of DeKalb County, as members of the Georgia State Games Commission for a term of office beginning July 16, 1998 and ending December 31, 2001.
The Honorable L. A. Bargeron of Whitfield County, the Honorable Wendell Harold Couch of Rockdale County and the Honorable Sam Nicholson of Richmond County, as members of the Georgia Golf Hall of Fame Board for a term of office beginning June 9, 1998 and ending November 1, 2003.
The Honorable John Cay, III of Chatham County, as a member of the Georgia Golf Hall of Fame Board for the term of office beginning June 9, 1998 and ending November 1, 1999.
The Honorable K. Prabhaker Reddy of DeKalb County, as a member of the Health Plan ning Review Board for a term of office beginning October 5, 1998 and serving at the pleasure of the Governor.
The Honorable Elizabeth Brock of DeKalb County, the Honorable Neal Brook of Rich mond County, the Honorable Curtis V. Cooper of Chatham County, the Honorable Wil liam T. Deyo, Jr. of Fulton County, the Honorable Leonora Ginn of Lamar County, the Honorable Charlene M. J. Hanson of Bulloch County, the Honorable John E. Smith, III of Fulton County, the Honorable Anne G. Stroud of Dougherty County and the Honora ble Katherine L. Wetherbee of DeKalb County, as members of the Health Strategies Council for the term of office beginning October 30, 1998 and ending July 1, 1999.
The Honorable Joan Anderson of Cherokee County, the Honorable Troy A. Athon of Greene County, the Honorable Clay Campbell of Thomas County, the Honorable Henry L. Cook, Sr. of Muscogee County, the Honorable Iris Z. Feinberg of Fulton County, the Honorable James G. Peak of Decatur County, the Honorable Kurt Stuenkel of Floyd County, the Honorable David R. Tatum of Fulton County, the Honorable Francis Tedesco of Richmond County, the Honorable John H. Thurman of Peach County and the Honora ble Lewis Williams of Clarke County, as members of the Health Strategies Council for a term of office beginning October 30, 1998 and ending July 1, 2001.
The Honorable Jeffrey H. Fargason of DeKalb County, as a member of the Georgia State Board of Hearing Aid Dealers and Dispensers for a term of office beginning August 10, 1998 and ending July 1, 1999.

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The Honorable Laura B. Dennison of Gwinnett County, the Honorable Herbert C. Jones, Sr. of Fulton County, the Honorable Stanley Alien McDaniel of Lumpkin County, the Honorable Richard B. Pitt of Bulloch County, and the Honorable June A. Wall of Gwin nett County, as members of the Georgia State Board of Hearing Aid Dealers and Dis pensers for a term of office beginning August 10, 1998 and ending July 1, 2000.
The Honorable Gretta L. Lyles of DeKalb County, as a member of the Georgia State Board of Hearing Aid Dealers and Dispensers for a term of office beginning August 10, 1998 and ending June 15, 2001.
The Honorable Edwin J. Feiler, Jr. of Chatham County, the Honorable Maxine Goldstein of Baldwin County, the Honorable Alexis Scott Reeves of Fulton County, the Honorable Russell R. Weiskircher of White County, and the Honorable Sylvia Ann Wygoda of Fulton County, as members of the Georgia Commission on the Holocaust for a term of office beginning July 1, 1998 and ending July 1, 2003.
The Honorable Joe Murray Rivers of Chatham County, the Honorable Sybil B. Smith of Sumter County, the Honorable Debi Starnes of Fulton County and the Honorable Joseph W. Whorton, Jr. of Clarke County, as members of the State Housing Trust Fund for the Homeless Commission for a term of office beginning July 24, 1998 and ending November 21, 1999.
The Honorable Margaret Armstrong of Richmond County, the Honorable Kay Durand of Troup County and the Honorable Walter L. Kimbrough of Fulton County, as members of the State Housing Trust Fund for the Homeless Commission for a term of office begin ning July 24, 1998 and ending November 21, 2001.
The Honorable Jane Carithers of Cobb County, the Honorable James K. Davis of Fulton County and the Honorable A. V. Elliott of Bibb County, as members of the Board of Human Resources for a term of office beginning March 26, 1998 and ending April 6, 2002.
The Honorable Cyler Garner of Wilkinson County and the Honorable Brenda Hodges Tiller of Dougherty County, as members of the Board of Human Resources for a term of office beginning March 26, 1998 and ending April 6, 2003.
The Honorable Toni Brown of DeKalb County, as a member of the Board of Industry, Trade and Tourism for a term of office beginning December 15, 1998 and ending Janu ary 1, 2003.
The Honorable Peggy Rosser of Fulton County, as a member of the Board of Trustees of the Subsequent Injury Trust Fund for a term of office beginning August 24, 1998 and ending July 1, 1999.
The Honorable Edward J. Bartlett of Chatham County, as a member of the Board of Trustees of the Subsequent Injury Trust Fund for a term of office beginning August 24, 1998 and ending July 1, 2000.
The Honorable James C. Thompson of Coweta County, as a member of the Board of Trustees of the Subsequent Injury Trust Fund for a term of office beginning August 24, 1998 and ending July 1, 2001.
The Honorable Lewis M. Lowe of Sumter County, as a member of the Board of Trustees of the Subsequent Injury Trust Fund for a term of office beginning August 24, 1998 and ending July 1, 2003.
The Honorable Janis S. Murray of Fulton County, as a member of the Board of Trustees of the Subsequent Injury Trust Fund for a term of office beginning August 24, 1998 and ending July 1, 2004.

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857

The Honorable Robert E. Keller of Clayton County, as a member of the Board of Trust ees of the Georgia Judicial Retirement System for a term of office beginning July 13, 1998 and ending July 1, 2000.
The Honorable Cynthia Wright of Fulton County, as a member of the Board of Trustees of the Georgia Judicial Retirement System for a term of office beginning July 13, 1998 and ending July 1, 2002.
The Honorable Kelly D. Turner of Lowndes County, as a member of the Board of Trust ees of the Georgia Judicial Retirement System for a term of office beginning July 28, 1998 and ending July 1, 2000.
The Honorable Carol E. Jones of Oconee County, as a member of the Judicial Qualifica tions Commission for a term of office beginning May 14,1998 and ending December 31, 2000.
The Honorable Steve Ronnie Adams of Carroll County, as a member of the Board of Ju venile Justice for a term of office beginning July 13, 1998 and ending July 6, 2001.
The Honorable Emmett Bryant, Jr. of Lowndes County, the Honorable Susan Dunwody of Bibb County and the Honorable James Robert Locklin of Clarke County, as members of the Board of Juvenile Justice for a term of office beginning July 13, 1998 and ending July 6, 2003.
The Honorable Charles Beard of Carroll County, as a member of the State Board for the Certification of Librarians for the term of office beginning October 7, 1998 and ending January 1, 2000.
The Honorable Nancy R. Beasley of Bartow County, as a member of the State Board for the Certification of Librarians for the term of office beginning October 7, 1998 and end ing December 31, 2000.
The Honorable Rosemary K. Evans of Monroe County, as a member of the State Board of Certification of Librarians for the term of office beginning October 7, 1998 and ending December 31, 2002.
The Honorable Joseph Peyton Bailey, Jr. of Richmond County, the Honorable Glenda Hawkins Davis of Berrien County, the Honorable H. Calvin Jackson of Meriwether County and the Honorable Ollie O. McGhee, Jr. of Wayne County, as members of the State Medical Education Board for a term of office beginning October 5, 1998 and ending April 1, 2001.
The Honorable Joseph Butler of Bibb County, as a member of the Composite State Board of Medical Examiners for a term of office beginning March 30, 1998 and ending September 1, 1998.
The Honorable Hoyt C. Dees of Gwinnett County, as a member of the Composite State Board of Medical Examiners for a term of office beginning July 20, 1998 and ending Sep tember 1, 2001.
The Honorable Sheila Smith of Gwinnett County, as a member of the Composite State Board of Medical Examiners for a term of office beginning November 25, 1998 and end ing September 10, 2002.
The Honorable Jean R. Sumner of Johnson County, as a member of the Composite State Board of Medical Examiners for a term of office beginning November 25, 1998 and end ing September 1, 2002.

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The Honorable James E. Butler, Jr. of Muscogee County, as a member of the Board of Natural Resources for a term of office beginning May 1, 1998 and ending January 1, 2005.
The Honorable James B. Langford, Jr. of Cobb County, as a member of the Board of Nat ural Resources for a term of office beginning May 5, 1998 and ending March 16, 1999.
The Honorable Fred Barnabei of Richmond County, the Honorable Richard Dangle of Carroll County, the Honorable Wade W. Herring of Bibb County and the Honorable Clin ton Hobbs of Towns County, as members of the Nonpublic Postsecondary Education Commission for a term of office beginning October 26, 1998 and ending July 1, 2001.
The Honorable Helen M. Taggart of Chatham County, as a member of the Georgia Board of Nursing for a term of office beginning April 20, 1998 and ending September 23, 2000.
The Honorable Joseph E. Rigdon of Wayne County, as a member of the State Board of Nursing Home Administrators for a term of office beginning October 8, 1998 and ending December 29, 1998.
The Honorable James David Lawrence, Jr. of Gwinnett County and the Honorable Betty Brown Williamson of Clarke County, as members of the State Board of Nursing Home Administrators for a term of office beginning October 8, 1998 and ending June 4, 1999.
The Honorable Clay Crosson of Bartow County, the Honorable William A. Dodd of Bibb County, the Honorable Laura L. LaFleur of Clarke County, the Honorable Frank E. Miller of Crisp County and the Honorable John C. Smith of DeKalb County, as members of the State Board of Nursing Home Administrators for a term of office beginning Octo ber 8, 1998 and ending December 29, 2000.
The Honorable Wilhelmina Hall of Dougherty County and the Honorable Henry Neill of Spalding County, as members of the State Board of Nursing Home Administrators for a term of office beginning October 8, 1998 and ending October 26, 2001.
The Honorable Teresa Jackson of Chatham County, as a member of the State Board of Nursing Home Administrators for a term of office beginning October 19, 1998 and end ing June 4, 2001.
The Honorable Horace W. Hancock of Crisp County, as a member of the Board of Com missioners of the Peace Officers' Annuity and Benefit Fund for a term of office beginning October 23, 1998 and ending June 30, 2001.
The Honorable Ralph Austin, Jr. of Bibb County, the Honorable Celio O. Burrowes of Fulton County, the Honorable Robert B. Copeland of Troup County, and the Honorable John Edward Fowler of Rabun County, as members of the Georgia Board for Physician Workforce for a term of office beginning October 6, 1998 and ending October 6, 2000.
The Honorable Brue Stanhope Chandler, III of Fulton County, the Honorable Jacinto del Mazo of Fulton County, the Honorable J. Daniel Hanks, Jr. of Floyd County, the Honora ble Martin Moran of Fulton County and the Honorable Vicki Williams Morgan of Gwin nett County, as members of the Georgia Board for Physician Workforce for a term of of fice beginning October 6, 1998 and ending October 6, 2002.
The Honorable Charlie Humphries, Jr. of Dougherty County, the Honorable Andrew Paul Morley, Jr. of DeKalb County, the Honorable David Rearick of Fulton County, the Honorable Robert H. Sasser of Emanuel County, and the Honorable Larry D. Stewart of Houston County, as members of the Georgia Board for Physician Workforce for a term of office beginning October 6, 1998 and ending October 6, 2004.

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The Honorable Ivenue Love-Stanley of Fulton County, as a member of the Commission on the Preservation of the State Capitol for the term of office beginning July 13, 1998 and serving at the pleasure of the Governor.
The Honorable James Martin of Fulton County and the Honorable Daniel S. Ray of Houston County, as members of the Georgia Board of Private Detective and Security Agencies for a term of office beginning October 30, 1998 and ending July 1, 1999.
The Honorable Vicky G. Bosma of Gwinnett County and the Honorable Gene Staulcup of Richmond County, as members of the Georgia Board of Private Detective and Security Agencies for a term of office beginning October 30, 1998 and ending July 1, 2000.
The Honorable Emory Eugene Brown, Jr. of DeKalb County, the Honorable Milton E. Nix of DeKalb County and the Honorable Willie Talton of Houston County, as members of the Georgia Board of Private Detective and Security Agencies for a term of office be ginning October 30, 1998 and ending July 1, 2001.
The Honorable Lee D. Bowen, Jr. of Bibb County, the Honorable Elaine Rubin of Fulton County, the Honorable Cynthia Sellers of Bibb county and the Honorable Jan N. Yates of Monroe County, as members of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists for a term of office beginning Sep tember 15, 1998 and ending December 31, 1999.
The Honorable Joan C. Fryer of Decatur County, the Honorable Bobby E. Glover of Houston County, the Honorable Samuel Ray Jones, Jr. of Richmond County, the Honora ble Patricia Whatley Showell of Fulton County and the Honorable Roger O. Weed of Gwinnett County, as members of the Georgia Composite Board of Professional Counsel ors, Social Workers, and Marriage and Family Therapists for a term of office beginning September 15, 1998 and ending December 31, 2000.
The Honorable Mary Alice Merrill of DeKalb County, as a member of the Georgia Com posite Board of Professional Counselors, Social Workers, and Marriage and Family Ther apists for a term of office beginning September 23, 1998 and ending December 31, 1999.
The Honorable Carolyn Cribbs of Gwinnett County, as a member of the Professional Standards Commission for a term of office beginning July 7, 1998 and ending July 1, 1999.
The Honorable Amanda Brown of Burke County, the Honorable Sandra D. Carraway of Columbia County, the Honorable Willie Paulk of Laurens County, and the Honorable Leona B. Walton of Bibb County, as members of the Professional Standards Commission for a term of office beginning July 7, 1998 and ending July 1, 2000.
The Honorable Annie Joyce Adams of Dougherty County, the Honorable Phoebe Bailey of DeKalb County, the Honorable Vicky Cody of Columbia County, the Honorable Willda Cannon Melton of White County, the Honorable Janet Scott of Clayton County and the Honorable Beth Steele of Henry County, as members of the Professional Standards Com mission for a term of office beginning July 7, 1998 and ending July 1, 2001.
The Honorable H. Ted Ballard of Fulton County, as a member of the State Board of Ex aminers of Psychologists for a term of office beginning March 23, 1998 and ending Janu ary 7, 1999.
The Honorable Alien Carter of DeKalb County, as a member of the State Board of Ex aminers of Psychologists for a term of office beginning March 23, 1998 and ending Janu ary 7, 2000.

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The Honorable Frank C. Jones of Fulton County, as a member of the Georgia Public Telecommunications Commission for a term of office beginning October 29, 1998 and ending June 30, 2002.
The Honorable Michael J. Coles of Cobb County, as a member of the Georgia Public Telecommunications Commission for a term of office beginning November 24, 1998 and ending June 30, 2001.
The Honorable Franklin S. Home, Jr. of Bibb County, as a member of the Georgia Real Estate Appraisers Board for a term of office beginning September 22, 1998 and ending July 1, 2000.
The Honorable Gary L. Bernes of Cobb County, as a member of the Georgia Real Estate Appraisers Board for a term of office beginning September 29, 1998 and ending July 1, 2001.
The Honorable Charles B. Bramlett of Jasper County, as a member of the Georgia Real Estate Appraisers Board for a term of office beginning September 29, 1998 and ending July 1, 2002.
The Honorable George E. Junnier of Fannin County, as a member of the Georgia Real Estate Appraisers Board for a term of office beginning September 29, 1998 and ending July 1, 2003.
The Honorable Donald P. Gale of Gwinnett County, as a member of the Georgia Real Es tate Commission for a term of office beginning October 5, 1998 and ending January 26, 2000.
The Honorable A. M. Redd, Jr. of Fulton County, as a member of the Georgia Real Es tate Commission for a term of office beginning October 5, 1998 and ending January 26, 2001.
The Honorable George Holtzman of Liberty County, as a member of the Georgia Real Estate Commission for a term of office beginning October 5, 1998 and ending January 29, 2002.
The Honorable Alfred L. Knox, Sr. of Fulton County, as a member of the Georgia Real Estate Commission for a term of office beginning October 5, 1998 and ending January 25, 2003.
The Honorable Katie Smith Poole of Washington County, as a member of the Georgia Real Estate Commission for a term of office beginning October 5, 1998 and ending Octo ber 26, 2003.
The Honorable Jerry Lynn Massey of Clarke County, as a member of the Board of Com missioners of the Sheriffs' Retirement Fund of Georgia for a term of office beginning June 11, 1998 and ending June 30, 2002.
The Honorable Jamil Saba of Dougherty County, as a member of the Board of Commis sioners of the Sheriffs' Retirement Fund of Georgia for a term of office beginning June 11, 1998 and ending June 30, 2001.
The Honorable Paul C. Broun of Clarke County, as a member of the Board of Control for Southern Regional Education for a term of office beginning October 26, 1998 and ending June 30, 2000.
The Honorable Stephen R. Portch of Fulton County, as a member of the Board of Con trol for Southern Regional Education for a term of office beginning October 26, 1998 and ending June 30, 2001.

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The Honorable Henry M. Huckaby of Douglas County, as a member of the Board of Con trol for Southern Regional Education for a term of office beginning December 7, 1998 and ending June 30, 2002.
The Honorable Doc Ayers of Polk County, as a member of the Georgia Sports Hall of Fame Authority for a term of office beginning May 1, 1998 and ending December 31, 2000.
The Honorable Ray M. Beck of Polk County, the Honorable Pete Cox of Sumter County, the Honorable Dee Matthews of Dougherty County, the Honorable Barry Phillips of Fulton County and the Honorable James L. Rollins, Jr. of Bibb County, as members of the Georgia Sports Hall of Fame Authority for a term of office beginning May 1, 1998 and ending December 31, 2002.
The Honorable James R. Forrester of Barrow County, the Honorable Larry Lloyd of Fayette County and the Honorable Donald R. Richardson of Bibb County, as members of the Georgia Sports Hall of Fame Authority for a term of office beginning May 1, 1998 and ending June 30, 2000.
The Honorable John S. Hunsinger of Fulton County, the Honorable L. J. Lomax of Peach County and the Honorable Loran Smith of Clarke County, as members of the Georgia Sports Hall of Fame Authority for the term of office beginning September 29, 1998 and ending January 1, 1999.
The Honorable Warren Rhubarb Jones of Cobb County, as a member of the State Board of Technical and Adult Education for a term of office beginning September 15, 1998 and ending June 30, 2000.
The Honorable Gary Bullard of Cobb County, as a member of the State Board of Veteri nary Medicine for a term of office beginning October 21, 1998 and ending September 16, 1999.
The Honorable W. Don Bush of Dougherty County as a member of the State Board of Veterinary Medicine for a term of office beginning October 21, 1998 and ending Septem ber 16, 2003.
The Honorable Eugene T. Maddox of Grady County, as a member of the State Board of Veterinary Medicine for a term of office beginning October 21, 1998 and ending Septem ber 16, 2002.
The Honorable R. Flynn Nance of Rockdale County, as a member of the State Board of Veterinary Medicine for a term of office beginning October 21, 1998 and ending Septem ber 16, 2000.
The Honorable Kirkwood F. Vardeman of Towns County, as a member of the State Board of Veterinary Medicine for a term of office beginning October 21, 1998 and ending Sep tember 16, 2001.

Honorable Mark Taylor Lieutenant Governor and President of the Senate and Members of the Senate

Sincerely, /s/ Roy E. Barnes
Governor

March 8, 1999

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JOURNAL OF THE SENATE

Senate Chamber Atlanta, Georgia 30334
Dear Lieutenant Governor and Members of the Senate: I submit to you for confirmation, as provided by law, the following appointments to the Board of Regents of the University System of Georgia made by former Governor Zell Miller in 1998: The Honorable Hilton Hatchett Howell, Jr. of Fulton County for the term of office begin ning June 15, 1998 and ending January 1, 2004. The Honorable Warren Y. Jobe of DeKalb County, for the term of office beginning June 15,1998 and ending January 1, 1999.
Sincerely, Is/ Roy E. Barnes
Governor The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House:
HB 144. 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, 1999 and ending June 30, 2000.
The following bill was read the first time and referred to committee:
HB 144. 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, 1999 and ending June 30, 2000.
Referred to Committee on Appropriations.
The Calendar was resumed.
SB 200. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Madden of the 47th and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create the Consumers' Insurance Advocate and deputy ad vocate; to provide definitions; to provide powers; to provide for compensation; to provide for entries of appearance; to provide for notice and discovery; to pro vide for remedies; to provide for employment of consultants, experts, wit nesses, and other employees.
The Senate Insurance and Labor Committee offered the following substitute to SB 200:
A BILL To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relat ing to insurance, so as to create the Consumers' Insurance Advocate and deputy advo cate; to provide definitions; to provide powers; to provide for compensation; to provide for

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863

entries of appearance; to provide for notice and discovery; to provide for remedies; to provide for employment of consultants, experts, witnesses, and other employees; to pro vide for the publication of certain information; to provide for access to documents and other information; to provide that other remedies are not affected; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Chapter 57 at the end thereof to read as follows:
"CHAPTER 57
33-57-1.
The General Assembly recognizes the importance of effectively managed and economi cal insurance and health management funding products and services to the citizens of the State of Georgia. It is further recognized that the citizens of Georgia should re ceive adequate insurance and health management funding products and services at the lowest reasonable cost to the consumer while maintaining the ability of insurance and health management funding companies to furnish their products and services. It is further recognized that the Insurance Department has been established for the pur pose, among other things, of regulating insurance and health management funding companies, the rates which they charge the consumer, and for representing the public interest. The General Assembly is aware, however, that the department and the Com missioner must be furnished with all available information concerning the effects of its decisions in any proceedings before it. It is the purpose of this chapter to ensure that the department and the Commissioner receive such information, particularly in those cases that directly involve Georgia's citizens. It is further the intent of the General Assembly that consumers have reasonable choices among the products and services of fered by insurance and health management funding companies and that these compa nies are accountable to consumers.
33-57-2.
As used in this chapter, the term:
(1) 'Administrator' means the administrator appointed pursuant to Code Section 101-395.
(2) 'Advocate' means the Consumers' Insurance Advocate in the Governor's Office of Consumer Affairs.
(3) 'Commissioner' means the Commissioner of Insurance created in Code Section 33-2-1.
(4) 'Consumer' means a beneficiary or user, whether directly or indirectly, of any products or services which are under the jurisdiction of the Commissioner or of the department other than products and services of a domestic supplemental life and health insurer.
(5) 'Department' means the Insurance Department created pursuant to Code Section 33-2-1.
(6) 'Governor's Office of Consumer Affairs' means the office of the administrator cre ated in Code Section 10-1-395.
33-57-3.

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There are created the Consumers' Insurance Advocate and deputy advocate within the Governor's Office of Consumer Affairs. The advocate and deputy advocate may be at torneys licensed to practice in the courts of this state and shall be appointed by and serve at the pleasure of the Governor. The advocate shall receive compensation in an amount to be determined by the Governor but not to exceed that provided or author ized by law for the district attorney for the Atlanta Judicial Circuit, excluding all city and county supplemental compensation and expenses. In addition to such compensa tion, the advocate shall also receive reimbursement for his or her reasonable and nec essary expenses incurred in the performance of his or her duties, as provided by law for state employees. The advocate shall have discretion to employ an individual in the position of deputy advocate, and such person shall receive such compensation as shall be determined by the advocate, together with reimbursement of expenses on the same terms as the advocate. No person employed as advocate or deputy advocate shall en gage in the private practice of law while employed as the Consumers' Insurance Advo cate. The advocate shall submit a written report of annual activities and expenditures of the advocate's office. The report shall be submitted to the Insurance Committee of the Georgia House of Representatives and to the Insurance and Labor Committee of the Georgia Senate.
33-57-4.
(a) The advocate shall be entitled to appear, as a party or otherwise, on behalf of the consumers of this state of products or services provided by any person, firm, or corpo ration subject to the jurisdiction of the Commissioner or of the department in all pro ceedings or other matters pending before the department or the Commissioner.
(b) The advocate may also appear in the same representative capacity in similar ad ministrative proceedings affecting the consumers of this state before any federal ad ministrative agency or body which has regulatory jurisdiction over products or services purchased by consumers.
(c) The advocate shall be authorized in the same representative capacity to initiate proceedings, by complaint or otherwise, before any federal or state administrative agency before which he or she is otherwise authorized to appear, with respect to mat ters properly within the cognizance of those agencies.
(d) The advocate shall be authorized in the same representative capacity to initiate or intervene as of right or otherwise appear in any judicial proceeding involving or aris ing out of any action taken by an administrative agency in a proceeding in which the advocate is authorized to appear under subsection (a), (b), or (c) of this Code section.
(e) The advocate shall be authorized to publish by available means, including Internet access, such information as the advocate may deem to be in the public interest relat ing to the duties and purposes of the advocate's office and findings, research, and studies conducted by that office.
33-57-5.
(a) In addition to other requirements of service and notice imposed by law, a copy of any request for insurance rate filing shall also be served on the advocate, and the ad vocate shall be notified of any other correspondence or paper filed with or issued by the department or by the Commissioner in connection with such rate filing. The de partment or the Commissioner shall not proceed to hear or determine any petition, complaint, proceeding, or request for rate filing in which the advocate is entitled to ap pear unless it shall affirmatively appear that the advocate was given at least ten days' written notice thereof, unless such notice is affirmatively waived in writing or the ad-

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865

vocate appears and specifically waives such notice. The advocate may also request copies of any application, complaint, pleading, notice, or other document filed with or issued by the department or by the Commissioner.
(b) The advocate is authorized to take depositions and obtain discovery of any matter which is not privileged and which is relevant to the subject matter involved in any proceeding or petition before the department or by the Commissioner in the same manner and subject to the same procedures which would otherwise be applicable if such proceeding was then pending before a superior court. Copies of materials and in formation obtained through such discovery shall be made available to the department. The superior courts and judges and clerks thereof are authorized to issue all orders, injunctions, and subpoenas and to take all actions necessary to carry out this subsection.
33-57-6.
The administrator is authorized to employ such assistants as the advocate may need and is authorized to employ and fix the compensation of such consultants, expert wit nesses, accountants, actuaries, attorneys, investigators, stenographers, or other techni cal or clerical assistants as may be necessary to carry out the advocate's duties; pro vided, however, that no such employment may occur nor may any contracts for payment of fees or expenses be paid for consultants, expert witnesses, accountants, ac tuaries, attorneys, investigators, stenographers, or other technical or clerical assist ants unless such employment or such contracts are first approved by the administra tor and can be achieved using funds appropriated to the office of the Governor for such purposes. The office of the advocate shall keep suitable and proper records of all such expenditures. The compensation of the advocate and such staff shall be paid from state funds appropriated or otherwise made available to the office of the adminis trator created in Code Section 10-1-395 from funds appropriated to the office of the Governor for such purposes.
33-57-7.
Services of all consultants, expert witnesses, accountants, actuaries, attorneys, investi gators, stenographers, or other technical or clerical assistants employed by the depart ment shall be available to the advocate in the performance of his or her duties; and such consultants, expert witnesses, accountants, actuaries, attorneys, investigators, stenographers, or other technical or clerical assistants shall make such appraisals and audits as the advocate, with the approval of the department, may request. The advo cate and his or her staff shall have access to all records, files, reports, documents, and other information in the possession or custody of the department or of the Commis sioner to the same extent as the department or as the Commissioner has access thereto and subject to the same limitations imposed on the use thereof by the depart ment or by the Commissioner.
33-57-8.
This chapter shall not be construed to prevent any party interested in any proceeding or action before the department, the Commissioner, any court, or any administrative body from appearing in person or by representing counsel in such proceeding or ac tion. However, nothing in this chapter shall apply to a domestic and supplemental life and health insurer."
SECTION 2.
This Act shall become effective on July 1, 1999.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Thompson of the 33rd moved the previous question. On the motion, the yeas were 43, nays 0; the motion prevailed, and the previous ques tion was ordered.

Senator Cable of the 27th offered the following amendment:
Amend the substitute to SB 200 by adding between lines 4 and 5 of page 4 the following:
"(ft The advocate will have no authority to intervene in any matter or proceeding sub ject to the provisions of Chapter 9 of this title." On the adoption of the amendment, a roll call was ordered, and the vote was as follows:

Y Balfour N Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle Y Cheeks Y Crotts N Dean Y Egan N Fort N Gillis Y Gingrey
Golden Y Guhl

N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James N Johnson,D Y Johnson.E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak

Y Price,R Y Price.T N Ragan Y Ray Y Roberts N Scott
Smith N Starr Y Stephens N Stokes N Streat N Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 22, nays 32, and the Cable amend ment was lost. Senator Stephens of the 51st offered the following amendment:
Amend the committee substitute to SB 200 by striking lines 6 through 19 of page 4 and inserting in their place the following: "(a) Upon request to the Department, the Advocate shall be provided copies of any"
On the adoption of the amendment, a roll call was ordered, and the vote was as follows:

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

N Butler Y Cable Y Cagle Y Cheeks Y Crotts N Dean Y Egan

N Fort N Gillis Y Gingrey
Golden Y Guhl N Harbison N Hecht

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867

N Hill N Hooks N Huggins N Jackson N James N Johnson.D Y Johnson.E N Kemp Y Ladd Y Lamutt Y Land N Lee

N Madden N Marable N Meyer von Bremen Y Perdue N Polak Y Price,R Y Price.T N Ragan Y Ray Y Roberts N Scott N Smith

N Starr Y Stephens N Stokes N Streat N Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 23, nays 32, and the Stephens amend ment was lost.
Senator Crotts of the 17th offered the following amendment:
Amend the committee substitute to SB 200 on Page 3 subparagraph (c) line 30 strike the word "initiate" add the words "intervene in"
On the adoption of the amendment, a roll call was ordered, and the vote was as follows:

Y Balfour Y Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan N Fort N Gillis Y Gingrey N Golden Y Guhl

N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James N Johnson.D Y Johnson.E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak

Y Price,R Y Price.T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat N Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 22, nays 34, and the Crotts amend ment was lost.

Senators Stokes of the 43rd, Thompson of the 33rd, Tanksley of the 32nd and Madden of the 47th offered the following amendment:
Amend the committee substitute to SB 200 by striking line 20 on page 2 and inserting in lieu thereof the following:
"directly or indirectly, of any insurance products or services".
By adding between lines 4 and 5 of page 4 the following:

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"(f) The advocate shall be authorized to present and advocate positions affecting any insurance products and services afforded to state employees and may for this purpose appear hefore any officer or entity providing or administering such benefits."
On the adoption of the amendment, a roll call was ordered, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price.R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the amendment, the yeas were 55, nays 0, and the Stokes, et al. amendment was adopted.

Senators Crotts of the 17th, Price of the 56th and Stephens of the 51st offered the fol lowing amendment:
Amend the substitute to SB 200 by adding after the period on line 10 of page 2 the following:
"It is also the purpose of this chapter to ensure that public employees covered by the health insurance plan authorized by Article 1 of Chapter 18 of Title 45, public school system teachers and employees covered by the health insurance plan authorized by Part 6 of Article 17 of Chapter 2 of Title 20, members and employees of the board of regents covered by any health insurance plan authorized by that board, and recipients of medical assistance under the health insurance plan provided under Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977,' have reasonable choices among the products and services offered by such plans."
By adding between lines 4 and 5 of page 4 the following:
"(f) The advocate shall be authorized to appear before the State Personnel Board, or its successor agency, with regard to proposed changes in the health insurance plans authorized by Article 1 of Chapter 18 of Title 45 and Part 6 of Article 17 of Chapter 2 of Title 20, which appearance shall be on behalf of public employees covered by such plans; shall be authorized to appear before the board of regents with regard to pro posed changes in the health insurance plan authorized for members and employees of that board, which appearance shall be on behalf of such employees; and shall be au thorized to appear before the Board of Medical Assistance, or its successor board, with

MONDAY, MARCH 8, 1999

regard to proposed changes in the health insurance plan provided under Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977,' which appearance shall be on behalf of recipients of medical assistance."
On the adoption of the amendment, a roll call was ordered, and the vote was as follows:

Y Balfour N Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan N Fort N Gillis Y Gingrey N Golden Y Guhl

N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James N Johnson,D Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak

Y Price,R Y Price,T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat N Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 21, nays 35, and the Crotts, et al. amendment was lost.
On the adoption of the substitute, the yeas were 49, nays 0, and the committee substi tute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th N Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey

Y Golden N Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,D N Johnson.E Y Kemp N Ladd N Lamutt Y Land Y Lee Y Madden

Y Marable Y Meyer von Bremen N Perdue Y Polak N Price,R N Price.T Y Ragan N Ray N Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate

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JOURNAL OF THE SENATE

N Thomas,D Y Thomas,N

Y Thompson Y Walker

N Williams

On the passage of the bill, the yeas were 36, nays 19. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Stokes of the 43rd moved that SB 200 be immediately transmitted to the House. On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 200 was immedi ately transmitted.
The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 752. By Representatives Buck of the 135th and Murphy of the 18th: A bill to amend Chapter 11 of Title 48 of the Official Code of Georgia Anno tated, relating to cigar and cigarette taxes, so as to provide for additional re quirements with respect to the sale of cigarettes; to prohibit certain types of sales; to provide for restrictions with respect to distributors; to provide for civil penalties; to provide for seizure and forfeiture of contraband.
The Calendar was resumed.

SB 236. By Senators Streat of the 19th, Price of the 28th, Cheeks of the 23rd and others:

A bill to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Geor gia Annotated, relating to the uniform rules of the road regarding accidents, so as to change certain provisions relating to the duty to remove a vehicle from the roadway of an expressway or multilane highway; to provide an effec tive date.

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

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

Y Balfour Y Blitch Y Bowen
Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort

Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd

Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price.R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith

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871

Y Starr Y Stephens
Stokes Y Streat

Y Tanksley Y Tate Y Thomas.D Y Thomas,N

Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House:
HB 432. By Representatives Rogers of the 20th and Murphy of the 18th: A bill to amend Code Section 46-5-27 of the Official Code of Georgia Anno tated, relating to prohibited telephone solicitation of objecting residential tele phone subscribers, so as to provide that such prohibition shall not apply to certain calls by certain persons engaged in certain businesses.
The Calendar was resumed.

SR 116. By Senators Madden of the 47th, Broun of the 46th and Cheeks of the 23rd:
A resolution creating the Joint Mental Health, Mental Retardation, and Sub stance Abuse Service Delivery Study Committee.

The Senate Rules Committee offered the following amendment:

Amend Senate Resolution 116 by striking the word "health" on line 1 of page 1 and in serting in lieu thereof the word "Health".
By striking line 17 of page 1 and inserting in lieu thereof the following:
"governance structure of community service boards, regional boards of state mental health hospitals, and the Division of Mental Health, Mental Retardation, and Sub stance Abuse and their".
On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable

Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden

N Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D

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JOURNAL OF THE SENATE

Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue

Polak Y Price,R Y Price,T Y Ragan
Ray Y Roberts Y Scott Y Smith Y Starr N Stephens

Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the resolution the yeas were 51, nays 2.
The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 137. By Senators Gillis of the 20th, Hecht of the 34th, Williams of the 6th and others:
A resolution designating the P. V. Stripling Memorial Highway.
The Senate Transportation Committee offered the following substitute to SR 137:
A RESOLUTION
Designating the P.V. Stripling Memorial Highway; and for other purposes.
WHEREAS, Perry Velton Stripling, also known as "Strip," was born in rural Toombs County near Ohoopee and Lyons, Georgia, on October 8, 1890; and
WHEREAS, his long career of hard work began when he was 16, and he took a job pick ing up potatoes in Gould, Florida, and included running a small general mercantile store in Ohoopee, working in a hardware store, driving a truck and working as agent for Stan dard Oil, selling Fords and Chevrolets in the early days of motor vehicles, farming Black Angus cattle, owning and operating Farmer's Furniture and Hardware, and owning a bank in Metter, Georgia; and
WHEREAS, he was a builder, of more than 40 houses, several commercial buildings, the Metter Methodist Church and the Metter Presbyterian Church; and
WHEREAS, he was a builder in another sense, ready to do what was needed for his community, from constructing, organizing, selling stock in, and serving as director of a new bank to clearing a bluff on the Altamaha River and organizing the Metter Hunting Club; and
WHEREAS, he was elected to the Georgia Senate by a huge majority for the 1953-54 term, and was an enthusiastic advocate for the "No Fence Law," moving the State Game and Fish Office to Metter, and reactivating Highway 121, the Old Woodpecker Trail; and
WHEREAS, he and his beloved wife, Muriel Kennard Stripling, had three cherished daughters, Lytell Stripling Calhoun, Lennie Stripling, and Jeannette Stripling Collins and five grandchildren.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the portion of Highway 23 and 121 from the corporate limits of Metter south to the boundary between Candler County and Tattnall County is designated the P.V. Strip ling Memorial Highway.

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873

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect appropriate markers designating such highway.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit an appropriate copy of this resolution to the family of P.V. Stripling.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks
Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue
Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith
Starr Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

SR 157. By Senators Jackson of the 50th and Thompson of the 33rd:

A resolution designating the Andrew Jackson Ash Memorial Bridge.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable

Y Cagle Y Cheeks
Crotts Dean Egan Y Fort Y Gillis Y Gingrey Y Golden

Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D

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JOURNAL OF THE SENATE

Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue

Polak Y Price.R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith
Starr Stephens

Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SB 127. By Senator Madden of the 47th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Geor gia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to change certain provisions relating to special li cense plates for firelighters.
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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue
Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith
Starr Stephens Y Stokes Y Streat Y Tanksley Y Tate Thomas,D Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 165. By Senators Hecht of the 34th, Dean of the 31st, Scott of the 36th and others:

MONDAY, MARCH 8, 1999

875

A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Geor gia Annotated, relating to employees' records checks for day-care centers, so as to provide that no person may be employed at a day-care center without a sat isfactory preliminary records check or satisfactory state fingerprint records check determination and a satisfactory or pending national fingerprint records check determination within the previous 12 months.
Senator Hecht of the 34th offered the following amendment:
Amend Senate Bill 165 by striking line 15 of page 1 and inserting in lieu thereof the following:
"residing in family day-care homes and for emergency temporary employees; to provide for related".
By striking line 21 of page 1 and inserting in lieu thereof the following:
"day-care centers, is amended by inserting three new paragraphs".
By inserting between lines 24 and 25 of page 1 the following:
"'(5.1) "Emergency temporary employee" means an employee other than a director whose duties involve personal contact between that person and any child being cared for at the facility and who is hired on an expedited basis to avoid noncompliance with staffing standards for day-care centers required by law, rule, or regulation.'".
By striking line 34 of page 6 and inserting in lieu thereof the following:
"(a) Notwithstanding any other provision of this article, an".
By striking the double quote mark at the end of line 2 on page 7 and inserting between line 2 and line 3 of page 7 the following:
"(b) As an exception to the requirements set out in this article for employees of daycare centers, a day-care center may hire emergency temporary employees in order to avoid noncompliance with staffing requirements for day-care centers required by law, rule, or regulation. An emergency temporary employee may start working immedi ately after requesting a preliminary records check from a local law enforcement agency and may work up to five working days without the results of the preliminary records check if the director of the day-care center provides an affidavit to the Depart ment of Human Resources stating that the emergency temporary employee has ap plied for a preliminary records check with a local law enforcement agency and that hiring on an expedited basis is necessary to avoid noncompliance with staffing stan dards required by law, rule, or regulation. At the end of the five-day work period or upon receipt of the results of the preliminary records check, whichever occurs first, emergency temporary employees become subject to all other requirements of this article.'"
Senators Price of the 28th and Hecht of the 34th offered the following amendment:
Amend the Hecht amendment to SB 165 by striking on line 28 of page 1 the word "daycare", by striking on line 31 of page 1 the word "day-care", and by striking on line 36 of page 1 the word "day-care".
On the adoption of the amendment, the yeas were 42, nays 0, and the Price of the 28th, Hecht amendment to the Hecht amendment (22 0592) was adopted.

876

JOURNAL OF THE SENATE

On the adoption of the Hecht amendment (22 0592), the yeas were 46, nays 0, and the Hecht amendment was adopted as amended.
Senator Price of the 28th offered the following amendment:
Amend SB 165 by inserting after line 6 on page 10 a new Section as follows:
SECTION 10
Code Section 40-5-28 of the O.C.G.A., relating to motor vehicle driver's licenses and the issuance and fingerprinting of applicants, is amended by striking everything after the sentence "No license shall be valid until it has been so signed by the licensee," and in serting in its place the following:
"The department shall not require applicants to submit or otherwise obtain from appli cants any fingerprints by any means upon application.
Senator Walker of the 22nd asked for a ruling of the Chair as to the germaneness of the Price of the 28th amendment. The President ruled the amendment not germane.
Senators Crotts of the 17th and Hecht of the 34th offered the following amendment:
Amend SB 165 by adding following the word "amend" on line I of page 1 the following:
"Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to ratify the National Crime Prevention and Privacy Compact established by Section 217 of the National Crime Prevention and Privacy Compact Act of 1998 contained in federal Public Law 92-544; to define certain terms; to provide duties for the director of the Georgia Crime Information Center; to provide for the criminal history records repository and for compliance with certain sys tem rules, procedures, and standards; to provide for level of services; to require provision of certain records for noncriminal justice purposes and restrict certain uses thereof; to require the submission of fingerprints or other positive identification and provide for compliance of other laws with the compact and federal law; to amend".
By adding between lines 17 and 18 on page 1 the following:
"SECTION 1.
Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by inserting after Code Section 35-339 the following:
'35-3-39.1.
(a) As used in this Code section, the term:
(1) "Compact" means the National Crime Prevention and Privacy Compact estab lished by Section 217 of the federal law.
(2) "Compact council" means the compact council established by Article VI of the compact.
(3) "Director" means the director of the Georgia Crime Information Center.
(4) "Federal law" means the National Crime Prevention and Privacy Compact Act of of 1998 contained in Public Law 92-544.
(5) "Interstate identification system" or "III system" means the cooperative federalstate system for the exchange of criminal history records as provided for in the compact.

MONDAY, MARCH 8, 1999

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(b) The National Crime Prevention and Privacy Compact established by federal law is ratified, enacted, and entered into by the State of Georgia. The compact shall become operative immediately upon approval of this state's participation by the United States Attorney General.
(c) The director shall be the compact officer and shall be responsible for:
(1) Administering the compact within this state;
(2) Ensuring that compact provisions and rules, procedures, and standards estab lished by the compact council are complied with in this state; and
(3) Regulating the in-state use of records received from the Federal Bureau of Inves tigation or other states party to the compact.
(d) The center shall establish and maintain a criminal history record repository to provide:
(1) Information and records for the National Identification Index and the National Fingerprint File; and
(2) This state's III system - indexed criminal history records for noncriminal justice purposes described in Article IV of the compact.
(e) This state shall comply with III system rules, procedures, and standards estab lished pursuant to the compact concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of the III system operation.
(f) Use of the III system by the center for noncriminal justice purposes authorized in the compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.
(g) Administration of the compact provisions shall not reduce the level of services available to noncriminal justice users on the effective date of the compact with this state.
(h) The center shall provide criminal history records, excluding sealed records, to criminal justice agencies and other governmental and nongovernmental agencies for noncriminal justice purposes as required by the compact.
(i) Records obtained under the compact may be used only for the official purposes for which the records were requested and under such procedures established by the direc tor in conformity with rules, procedures, and standards established pursuant to Article IV of the compact.
(j) Notwithstanding any other law to the contrary, fingerprints or other forms of posi tive identification, as provided for in the compact, shall be submitted with all requests for criminal history record checks for noncriminal justice purposes authorized under the compact. Such records checks made pursuant to any other law of this state shall comply with this Code section, the compact, and federal law.'"
By renumbering Sections 1 through 10 as Sections 2 through 11, respectively.
On the adoption of the amendment, the yeas were 48, nays 0, and the Crotts, Hecht 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:

878

JOURNAL OF THE SENATE

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue
Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith
Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 852. By Representatives Sinkfield of the 57th, Martin of the 47th and Taylor of the 134th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Geor gia Annotated, relating to juvenile proceedings, so as to authorize the Depart ment of Human Resources to provide temporary care and supervision for a child, without court authorization, when, as a result of an emergency or ill ness, the person in whose custody such child is found is unable to provide for the care of such child.
Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow; the motion prevailed, and at 3:30 p.m., the President announced the Senate adjourned.

TUESDAY, MARCH 9, 1999

879

Senate Chamber, Atlanta, Georgia Tuesday, March 9, 1999
Thirty-second Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 849. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to provide a homestead exemption from Lamar County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over after a two-year phase-in period.
HB 856. By Representatives Golick of the 30th, Wiles of the 34th, Wix of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the chief judge, judges, and associate judges of the state court.
HB 857. By Representatives Golick of the 30th, Wiles of the 34th, Wix of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, so as to pro vide for an additional judge of Division 1 of the State Court of Cobb County.
HB 860. By Representatives Manning of the 32nd, Sauder of the 29th, Shipp of the 38th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
HB 867. By Representatives Shipp of the 38th, Grindley of the 35th, Golick of the 30th and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city.
HB 869. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to amend an Act creating the State Court of Ware County, so as to pro vide for the compensation of the solicitor-general and the judge of said court.
HB 871. By Representatives Williams of the 83rd and Unterman of the 84th:

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JOURNAL OF THE SENATE

A bill to amend an Act incorporating the Town of Snellville (later renamed the City of Snellville), so as to change provisions relating to the corporate bounda ries; to provide for an official map and written description of the corporate limits; to provide for resignation from one municipal office before qualifying for another municipal office; to provide for four-year terms for the mayor and councilmembers.
HB 874. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Garden City ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preced ing the taxable year in which that exemption is first granted to a resident of that city.
HB 875. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Pooler ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident of that city.
HB 877. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Port Wentworth ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year im mediately preceding the taxable year in which that exemption is first granted to a resident of that city.
HB 878. By Representative McCall of the 90th:
A bill to amend an Act creating and incorporating the Town of Rayle, so as to provide for staggered terms for the election of the mayor and councilmembers.
HB 879. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to amend an Act providing a new charter for the City of Waycross, so as to change provisions relating to the authority of the city commission of the City of Waycross to sell or convey city parks or public squares; to authorize the city commission to sell or convey city parks located outside of the Waycross corporate limits without referendum approval.
SB 204. By Senator Crotts of the 17th:
A bill to amend an Act reincorporating the City of McDonough, as amended, so as to change the corporate boundaries of said city; to provide for a special election to be conducted by the election superintendent of Henry County with the costs thereof paid by the City of McDonough; to provide for effective dates and automatic repeal.
HB 818. By Representative Harbin of the 113th:

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881

A bill to amend Code Section 33-24-44 of the Official Code of Georgia Anno tated, relating to cancellation of policies generally, so as to provide that notice of cancellation shall not be required in certain cases.
HB 250. By Representative Campbell of the 42nd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Anno tated, relating to records that are not subject to public disclosure, so as to ex empt from public disclosure engineers' cost estimates and rejected or deferred bid proposals received or prepared by counties or municipalities.
HB 779. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, relating to employment security, so as to enact the "Workforce Reinvest ment Act of 1999"; to provide for a new employer rate of contributions; to re peal the drug-free workplace tax reduction; to extend certain sunset provisions.
HB 755. By Representatives Coleman of the 142nd, Parrish of the 144th and Royal of the 164th:
A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Anno tated, relating to organization of the executive branch generally, so as to change provisions relating to state service delivery regions.
HB 114. By Representatives Mueller of the 152nd, Manning of the 32nd, Stancil of the 16th and others:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to students, so as to provide that alternative school programs shall be subject to the same mandatory education and attendance requirements as public schools.
HB 650. By Representatives Porter of the 143rd, Hanner of the 159th, Coleman of the 142nd and others:
A bill to amend Code Section 12-9-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the Board of Natural Resources relative to air quality, so as to provide that the board shall adopt standards and practices to reduce odors from rendering plants.
HB 502. By Representatives Lane of the 146th, Jamieson of the 22nd, Purcell of the 147th and others:
A bill to amend Code Section 12-5-135 of the Official Code of Georgia Anno tated, relating to requirement of bond or letter of credit from a water well con tractor or driller, so as to provide that the bond or irrevocable letter of credit required by law shall have state-wide application.
HB 809. By Representatives Williams of the 114th, Harbin of the 113th and Randall of the 127th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Anno tated, 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.

882

JOURNAL OF THE SENATE

HB 257. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, and Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor rela tions, so as to enact the Uniform Fraudulent Transfers Act.
HB 509. By Representatives Jamieson of the 22nd, Ashe of the 46th, Cummings of the 27th and others:
A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Anno tated, relating to historic preservation, so as to change certain provisions re garding historic preservation commissions and ordinances.
HB 459. By Representatives Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th and others:
A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Geor gia Annotated, relating to general provisions relative to specific, business, and occupation taxes, so as to change or clarify certain definitions, including defi nitions for employee, gross receipts, location or office, and regulatory fees.
HB 414. By Representatives Stuckey of the 67th, Walker of the 141st, Bordeaux of the 151st and others:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to provide for notice to temporary guardians of mi nors upon the application of the natural guardian for dissolution of the tempo rary guardianship.
HB 415. By Representatives Stuckey of the 67th, Sauder of the 29th, Walker of the 141st and others:
A bill to amend Chapter 6 of Title 10 of the Official Code of Georgia Anno tated, relating to agency, so as to clarify provisions relating to the effect of the appointment of a guardian of the property on a written power of attorney; to amend the statutory form for financial power of attorney and the explanation of such form for principals to clarify that appointment of a guardian of prop erty terminates such agency.
HB 416. By Representatives Stuckey of the 67th, Walker of the 141st, Bordeaux of the 151st and others:
A bill to amend Chapter 36 of Title 31 of the Official Code of Georgia Anno tated, relating to durable powers of attorney for health care, so as to clarify the effect of appointment of a guardian upon a durable power of attorney for health care; to provide that a health care agency which survives incapacity or incompetency shall not be revoked solely by the appointment of a guardian or receiver for the principal.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 416. By Representative Parrish of the 144th:
A resolution designating the L.C ."Shot" Strange Highway.
HR 166. By Representative Whitaker of the 7th:

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883

A resolution designating the Andrew Jackson Ash Memorial Bridge.
HR 267. By Representative Whitaker of the 7th: A resolution designating the intersection of Georgia Highway 52 and Long Branch Road in Lumpkin County as the Jean Anderson Intersection.
HR 47. By Representative Birdsong of the 123rd: A resolution compensating Mr. Robert C. Stripling.
HR 94. By Representative Campbell of the 42nd: A resolution compensating A. K. Pearson.
HR 157. By Representative Tillman of the 173rd: A resolution compensating Mr. Henry C. Batson.
HR 161. By Representative Lewis of the 14th: A resolution compensating Mr. Frank Martin.
HR 164. By Representative Lewis of the 14th: A resolution compensating Mr. Tony Pilcher.
HR 200. By Representative Dukes of the 161st: A resolution compensating Ms. Bernice D. Harris on behalf of her daughter, Ms. Peggy Sue Harris.
HR 304. By Representative Hudson of the 120th: A resolution compensating Mr. Mohammed Ashraf.
HR 364. By Representatives Parham of the 122nd and Birdsong of the 123rd: A resolution compensating Mr. Thomas King.
HR 365. By Representative Felton of the 43rd: A resolution compensating Mr. Hugh Kelley Rickenbaker, III.
The House has agreed to the Senate substitute, as amended by the House, to the follow ing bill of the House:
HB 279. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st: A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Geor gia Annotated, relating to inspection of public records, so as to provide for con ditions of disclosure of records received or maintained by private persons or private entities performing services for public entities; to change provisions re lating to the time and manner in which custodians of records must respond to requests for inspection.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 57. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:

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A bill to provide for the Georgia Regional Transportation Authority; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change certain provisions relating to transit ser vices with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Governor's Development Council.
The Speaker has appointed on the part of the House, Representatives Benefield of the 96th, Skipper of the 137th and Smith of the 175th.
The following bills were introduced, read the first time and referred to committees:
SB 265. By Senators Streat of the 19th and Huggins of the 53rd:
A bill to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Geor gia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide for creditable service for prior service as an employee of the federal government or of the government of any other state or any political subdivision of any other state for certain persons.
Referred to Committee on Retirement.
SB 266. By Senators Cheeks of the 23rd, Huggins of the 53rd, Walker of the 22nd and Johnson of the 1st:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Anno tated, relating to eligibility and application for a retirement allowance under the Georgia Legislative Retirement System and related matters, so as to au thorize the board of trustees of such retirement system to grant a discretion ary increase in such allowance; to provide conditions for such increase.
Referred to Committee on Retirement.
SB 267. By Senators Hill of the 4th and Jackson of the 50th:
A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Geor gia Annotated, relating to service creditable for retirement under the Georgia Firefighters' Pension Fund, so as to provide for creditable service for certain prior service; to provide conditions for an effective date and automatic repeal.
Referred to Committee on Retirement.
SB 268. By Senators Huggins of the 53rd, Marable of the 52nd and Thomas of the 54th:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Anno tated, relating to the Peace Officers' Annuity and Benefit Fund, so as to pro vide that certain persons employed as county jail officers shall be eligible for membership in such fund; to provide for creditable service for prior service as a county jail officer; to provide for the payment of employer contributions with interest thereon.
Referred to Committee on Retirement.
SB 269. By Senators Huggins of the 53rd, Marable of the 52nd and Thomas of the 54th:

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A bill to amend an Act entitled "An Act creating the State Court of Chattooga County," as amended, so as to change the salary provisions relative to the judge and solicitor-general of such court.
Referred to Committee on State and Local Governmental Operations.
SB 270. By Senator Madden of the 47th:
A bill to amend an Act incorporating the Town of Braselton in the County of Jackson, as amended, so as to change the provisions relating to penalties that may be imposed by the municipal court; to change other provisions relating to the municipal court and the judge of such court; to provide for severability.
Referred to Committee on State and Local Governmental Operations.
SB 271. By Senator Fort of the 39th:
A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Anno tated, relating to organization of the executive branch generally, so as to change the provisions relating to contracts by the executive branch unit for privatization; to change the definition of certain terms; to change the provi sions relating to notice of intent to enter into contracts to privatize an operation.
Referred to Committee on Insurance and Labor.
SB 272. By Senators Butler of the 55th, Thomas of the 54th, Madden of the 47th and Broun of the 46th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Geor gia Annotated, relating to registration and licensing of motor vehicles gener ally, so as to provide for special license plates and decals benefiting children and adolescents with severe emotional problems; to provide for licensing and other agreements; to provide for design and rights; to provide for conditions for issuance, revalidation, and transfer.
Referred to Committee on Finance and Public Utilities.
SR 249. By Senators Cheeks of the 23rd and Walker of the 22nd:
A resolution proposing an amendment to the Constitution so as to authorize enterprise zone tax exemptions, credits, or reductions with respect to school district taxes for educational purposes; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Finance and Public Utilities.
SR 256. By Senators Marable of the 52nd, Dean of the 31st, Walker of the 22nd and others:
A resolution creating the Senate Study Committee on Social Promotion of Ele mentary and Secondary Students.
Referred to Committee on Education.
The following bills were read the first time and referred to committees:
HB 114. By Representatives Mueller of the 152nd, Manning of the 32nd, Stancil of the 16th and others:

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A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to students, so as to provide that alternative school programs shall be subject to the same mandatory education and attendance requirements as public schools.
Referred to Committee on Education.
HB 250. By Representative Campbell of the 42nd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Anno tated, relating to records that are not subject to public disclosure, so as to ex empt from public disclosure engineers' cost estimates and rejected or deferred bid proposals received or prepared by counties or municipalities.
Referred to Committee on Finance and Public Utilities.
HB 257. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, and Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor rela tions, so as to enact the Uniform Fraudulent Transfers Act.
Referred to Committee on Banking and Financial Institutions.
HB 414. By Representatives Stuckey of the 67th, Walker of the 141st, Bordeaux of the 151st and others:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to provide for notice to temporary guardians of mi nors upon the application of the natural guardian for dissolution of the tempo rary guardianship.
Referred to Committee on Judiciary.
HB 415. By Representatives Stuckey of the 67th, Sauder of the 29th, Walker of the 141st and others:
A bill to amend Chapter 6 of Title 10 of the Official Code of Georgia Anno tated, relating to agency, so as to clarify provisions relating to the effect of the appointment of a guardian of the property on a written power of attorney; to amend the statutory form for financial power of attorney and the explanation of such form for principals to clarify that appointment of a guardian of prop erty terminates such agency.
Referred to Committee on Judiciary.
HB 416. By Representatives Stuckey of the 67th, Walker of the 141st, Bordeaux of the 151st and others:
A bill to amend Chapter 36 of Title 31 of the Official Code of Georgia Anno tated, relating to durable powers of attorney for health care, so as to clarify the effect of appointment of a guardian upon a durable power of attorney for health care; to provide that a health care agency which survives incapacity or incompetency shall not be revoked solely by the appointment of a guardian or receiver for the principal.
Referred to Committee on Judiciary.

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HB 432. By Representatives Rogers of the 20th and Murphy of the 18th:
A bill to amend Code Section 46-5-27 of the Official Code of Georgia Anno tated, relating to prohibited telephone solicitation of objecting residential tele phone subscribers, so as to provide that such prohibition shall not apply to certain calls by certain persons engaged in certain businesses.
Referred to Committee on Consumer Affairs.
HB 459. By Representatives Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th and others:
A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Geor gia Annotated, relating to general provisions relative to specific, business, and occupation taxes, so as to change or clarify certain definitions, including defi nitions for employee, gross receipts, location or office, and regulatory fees.
Referred to Committee on Finance and Public Utilities.
HB 502. By Representatives Lane of the 146th, Jamieson of the 22nd, Purcell of the 147th and others:
A bill to amend Code Section 12-5-135 of the Official Code of Georgia Anno tated, relating to requirement of bond or letter of credit from a water well con tractor or driller, so as to provide that the bond or irrevocable letter of credit required by law shall have state-wide application.
Referred to Committee on Banking and Financial Institutions.
HB 509. By Representatives Jamieson of the 22nd, Ashe of the 46th, Cummings of the 27th and others:
A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Anno tated, relating to historic preservation, so as to change certain provisions re garding historic preservation commissions and ordinances.
Referred to Committee on Special Judiciary.
HB 650. By Representatives Porter of the 143rd, Hanner of the 159th, Coleman of the 142nd and Shanahan of the 10th:
A bill to amend Code Section 12-9-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the Board of Natural Resources relative to air quality, so as to provide that the board shall adopt standards and practices to reduce odors from rendering plants.
Referred to Committee on Agriculture.
HB 752. By Representatives Buck of the 135th and Murphy of the 18th:
A bill to amend Chapter 11 of Title 48 of the Official Code of Georgia Anno tated, relating to cigar and cigarette taxes, so as to provide for additional re quirements with respect to the sale of cigarettes; to prohibit certain types of sales; to provide for restrictions with respect to distributors; to provide for civil penalties; to provide for seizure and forfeiture of contraband.
Referred to Committee on Finance and Public Utilities.
HB 755. By Representatives Coleman of the 142nd, Parrish of the 144th and Royal of the 164th:

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A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Anno tated, relating to organization of the executive branch generally, so as to change provisions relating to state service delivery regions.
Referred to Committee on State and Local Governmental Operations (General).
HB 779. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, relating to employment security, so as to enact the "Workforce Reinvest ment Act of 1999"; to provide for a new employer rate of contributions; to re peal the drug-free workplace tax reduction; to extend certain sunset provisions.
Referred to Committee on Finance and Public Utilities.
HB 809. By Representatives Williams of the 114th, Harbin of the 113th and Randall of the 127th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Anno tated, 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.
Referred to Committee on Insurance and Labor.
HB 818. By Representative Harbin of the 113th:
A bill to amend Code Section 33-24-44 of the Official Code of Georgia Anno tated, relating to cancellation of policies generally, so as to provide that notice of cancellation shall not be required in certain cases.
Referred to Committee on Insurance and Labor.
HB 849. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to provide a homestead exemption from Lamar County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over after a two-year phase-in period.
Referred to Committee on State and Local Governmental Operations.
HB 852. By Representatives Sinkfield of the 57th, Martin of the 47th and Taylor of the 134th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Geor gia Annotated, relating to juvenile proceedings, so as to authorize the Depart ment of Human Resources to provide temporary care and supervision for a child, without court authorization, when, as a result of an emergency or ill ness, the person in whose custody such child is found is unable to provide for the care of such child.
Referred to Committee on Health and Human Services.
HB 856. By Representatives Golick of the 30th, Wiles of the 34th, Wix of the 33rd and others:

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A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the chief judge, judges, and associate judges of the state court.
Referred to Committee on State and Local Governmental Operations.
HB 857. By Representatives Golick of the 30th, Wiles of the 34th, Wix of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, so as to pro vide for an additional judge of Division 1 of the State Court of Cobb County.
Referred to Committee on State and Local Governmental Operations.
HB 860. By Representatives Manning of the 32nd, Sauder of the 29th, Shipp of the 38th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
Referred to Committee on State and Local Governmental Operations.
HB 867. By Representatives Shipp of the 38th, Grindley of the 35th, Golick of the 30th and others: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city.
Referred to Committee on State and Local Governmental Operations.
HB 869. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to amend an Act creating the State Court of Ware County, so as to pro vide for the compensation of the solicitor-general and the judge of said court.
Referred to Committee on State and Local Governmental Operations.
HB 871. By Representatives Williams of the 83rd and Unterman of the 84th:
A bill to amend an Act incorporating the Town of Snellville (later renamed the City of Snellville), so as to change provisions relating to the corporate bounda ries; to provide for an official map and written description of the corporate limits; to provide for resignation from one municipal office before qualifying for another municipal office; to provide for four-year terms for the mayor and councilmembers. Referred to Committee on State and Local Governmental Operations.
HB 874. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Garden City ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preced ing the taxable year in which that exemption is first granted to a resident of that city.
Referred to Committee on State and Local Governmental Operations.
HB 875. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd:

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A bill to provide for a homestead exemption from certain City of Pooler ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident of that city. Referred to Committee on State and Local Governmental Operations.
HB 877. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd: A bill to provide for a homestead exemption from certain City of Port Wentworth ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year im mediately preceding the taxable year in which that exemption is first granted to a resident of that city.
Referred to Committee on State and Local Governmental Operations.
HB 878. By Representative McCall of the 90th: A bill to amend an Act creating and incorporating the Town of Rayle, so as to provide for staggered terms for the election of the mayor and councilmembers.
Referred to Committee on State and Local Governmental Operations.
HB 879. By Representative Dixon of the 168th: A bill to amend an Act providing a new charter for the City of Waycross, so as to change provisions relating to the authority of the city commission of the City of Waycross to sell or convey city parks or public squares; to authorize the city commission to sell or convey city parks located outside of the Waycross corporate limits without referendum approval.
Referred to Committee on State and Local Governmental Operations.
HR 47. By Representative Birdsong of the 123rd: A resolution compensating Mr. Robert C. Stripling.
Referred to Committee on Appropriations.
HR 94. By Representative Campbell of the 42nd: A resolution compensating A. K. Pearson.
Referred to Committee on Appropriations.
HR 157. By Representative Tillman of the 173rd: A resolution compensating Mr. Henry C. Batson.
Referred to Committee on Appropriations.
HR 161. By Representative Lewis of the 14th: A resolution compensating Mr. Frank Martin.
Referred to Committee on Appropriations.
HR 164. By Representative Lewis of the 14th: A resolution compensating Mr. Tony Pilcher.
Referred to Committee on Appropriations.

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891

HR 166. By Representative Whitaker of the 7th: A resolution designating the Andrew Jackson Ash Memorial Bridge.
Referred to Committee on Transportation.

HR 200. By Representative Dukes of the 161st: A resolution compensating Ms. Bernice D. Harris on behalf of her daughter, Ms. Peggy Sue Harris.
Referred to Committee on Appropriations.

HR 267. By Representative Whitaker of the 7th: A resolution designating the intersection of Georgia Highway 52 and Long Branch Road in Lumpkin County as the Jean Anderson Intersection.
Referred to Committee on Transportation.

HR 304. By Representative Hudson of the 120th: A resolution compensating Mr. Mohammed Ashraf.
Referred to Committee on Appropriations.

HR 364. By Representatives Parham of the 122nd and Birdsong of the 123rd: A resolution compensating Mr. Thomas King.
Referred to Committee on Appropriations.

HR 365. By Representative Felton of the 43rd: A resolution compensating Mr. Hugh Kelley Rickenbaker, III.
Referred to Committee on Appropriations.

HR 416. By Representative Parrish of the 144th: A resolution designating the L.C ."Shot" Strange Highway.
Referred to Committee on Transportation. The following committee reports were read by the Secretary:

Mr. President:

The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following bill and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 224. Do pass. SR 194. Do pass.

HR 207. Do pass.

Respectfully submitted,

Senator Broun of the 46th District, Chairman

Mr. President:

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

SR 186. Do pass. SR 206. Do pass.

SR 207. Do pass.

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Respectfully submitted, Senator Stokes of the 43rd District, Chairman

Mr. President:

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

HB 39. Do pass by substitute. HB 53. Do pass. HB 110. Do pass by substitute.

HB 155. Do pass. HB 552. Do pass. HR 268. Do pass.

Respectfully submitted,

Senator Kemp of the 3rd District, Chairman

Mr. President:
The Committee on Reapportionment has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 247. Do pass.
Respectfully submitted,
Senator Blitch of the 7th District, Chairman

Mr. President:

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

HB 286. Do pass as amended. HB 334. Do pass. HB 404. Do pass. HB 733. Do pass. HB 783. Do pass.

HB 806. Do pass. HB 821. Do pass. HB 845. Do pass. HB 448. Do pass.

Respectfully submitted,

Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

SB 146 SB 259 SR 243 HB 618

SB 180 SB 262 HB 297 HR 269

SB 182 SR 75 HB 356

SB 227 SR 134 HB 381

SB 235 SR 230 HB 541

SB 251 SR 241 HB 553

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

Blitch Bowen Broun, 46th Brown, 26th Brush Burton

Butler Cable Cagle Cheeks Crotts Dean

Egan Fort Gillis Gingrey Golden Guhl

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893

Harbison Hecht Hill Hooks Huggins Jackson James Johnson,D Johnson,E Ladd Lamutt Land

Lee Madden Marable Meyer von Bremen Perdue Polak Price,R Price.T Ragan Ray Roberts Scott

Those not answering were:

Balfour

Kemp

Starr Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,N Thompson Walker Williams
Smith

Senator Jackson of the 50th moved that Senator Smith of the 25th be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Smith was excused.
The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Polak of the 42nd introduced the chaplain of the day, Rabbi Mark H. Kunis of Atlanta, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 247. By Senator Cable of the 27th: A resolution commending Howell W. Newton and all the past and present as sociates of Trio Manufacturing Company for achieving 100 years in operation.
SR 248. By Senator Cable of the 27th: A resolution commending the Hightower family and the associates of Thomaston Mills, Inc., for achieving 100 years in operation as a leading textile manufacturer.
SR 250. By Senator Brush of the 24th: A resolution recognizing and commending Joann Collins.
SR 251. By Senator Brush of the 24th: A resolution recognizing and commending Debbie McLeod.
SR 252. By Senator Brush of the 24th: A resolution recognizing and commending Wanda Barton Jenkins.
SR 253. By Senator Brush of the 24th: A resolution recognizing and commending Billy Decker.
SR 254. By Senator Brush of the 24th: A resolution recognizing and commending Debora Tomberlin Seymour.

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SR 255. By Senators Thompson of the 33rd, Lamutt of the 21st, Gingrey of the 37th and Tanksley of the 32nd:
A resolution commending Cody Spencer.
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
Tuesday, March 9, 1999 THIRTY-SECOND LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the leg islation.)

HB 286 Meyer von Bremen, 12th DOUGHERTY COUNTY

A bill to amend an Act providing for the Joint County-Municipal Board of Registration and Elections for Dougherty County and the City of Al bany, so as to provide for staggered terms of office for members of said joint board. (AMENDMENT)

HB 334

Land, 16th Lee, 29th CITY OF MANCHESTER

A bill to amend an Act incorporating the City of Manchester, so as to provide for municipal elections in November, 1999, and in succeeding years.

HB 404 Jackson, 50th LUMPKIN COUNTY

A bill to provide for an advisory referendum election to be held in Lumpkin County for the purpose of determining whether the Lumpkin County Board of Commissioners should adopt comprehensive land use and zoning regulations for unincorporated areas of the county.

HB 733

Walker, 22nd Cheeks, 23rd CITY OF AUGUSTA

A bill to amend an Act creating the Augusta Canal Authority, so as to change the provisions relating to the membership of the authority; to provide for the appointment, terms, and vacancies of members.

HB 783

Broun, 46th OCONEE COUNTY

A bill to amend an Act which relates to the election of the chairman and members of the Oconee County board of education, so as to provide for the compensation of the Oconee County board of education.

HB 806 Hooks, 14th STEWART COUNTY

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HB 821 HB 845

A bill to amend an Act creating the Board of Commissioners of Stewart County, so as to change the provisions relating to the compensation of the chairperson of the board of commissioners.
Hooks, 14th LEE COUNTY
A bill to create a board of elections and registration for Lee County and provide for its powers and duties.
Gillis, 20th JOHNSON COUNTY
A bill to create a board of elections and registration in Johnson County. PURSUANT TO ARTICLE VII, SECTION II, PARAGRAPH IV OF THE CONSTITUTION, THE FOLLOWING LOCAL BILL RELATING TO HOMESTEAD EXEMPTIONS REQUIRES A TWO-THIRDS ROLLCALL VOTE FOR PASSAGE:

HB 448 Butler, 55th CITY OF STONE MOUNTAIN
A bill to provide a homestead exemption from certain City of Stone Mountain ad valorem taxes for city purposes in the amount of $14,000.00 of the assessed value of the homestead for certain residents of that city who are 62 years of age or older and whose net income together with the net income of the spouse who resides at the home stead of such resident does not exceed $10,000.00 per annum.
The amendment to the following bill was put upon its adoption:
*HB 286:

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

Amend HB 286 by striking the word "of" on line 20 on page 1 immediately following the word "office".

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the 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:

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th
Brush Y Burton Y Butler

Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis

Gingrey Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins

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Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd
Lamutt Y Land Y Lee
Madden Y Marable

Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Roberts
Scott EX Smith Y Starr

Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas.D
Thomas,N Thompson Y Walker Y Williams

On the passage of the local bills, the yeas were 43, nays 0. The bills on the Local Consent Calendar, except HB 286, having received the requisite constitutional majority, were passed. HB 286, having received the requisite constitutional majority, was passed as amended.
SENATE RULES CALENDAR Tuesday, March 9, 1999
THIRTY-SECOND LEGISLATIVE DAY

SB 159

Flounder and Whiting-no possession limit, certain vessels (SubstituteXNat R-6th)

SB 210

HMOs-certain disclosures, access to out of network providers (Substitute)(H&HS-22nd)

SB 148

Vehicle Used in Prostitution-seizure, condemnation (Substitute) (Judy39th)

SB 238

Tallapoosa Judicial Circuit-salary supplements of superior court judges (Judy-31st)

SB 205

State Boxing Commission-change to Georgia Boxing Commission; pow ers, duties (SubstituteXC Aff-39th)

SR 175
SB 241 SB 230

Joint Study Committee on Water Management and Allocation-create (Nat R-lst)
Department of Community Health-create (H&HS-22nd)
Year 2000 Readiness Act-enact (Substitute)(DS&T-33rd)

SB 199
SB 218 SB 245

Disabled, Elderly Protection Act-DFACS access when imminent danger (SubstituteXC Aff-34th)
Probation-one-time fee when defendant placed on probation (Corr-33rd)
Child Support Orders-reviews, modifications (Judy-3rd)

SB 242 Board of Public Safety-composition, appointment, terms (Pub Saf-33rd)

SB 152

School Security-remove population restriction on carrying weapon (Ed24th)

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SB 231 Laser Speed Detection Devices-admissibility of results (Pub Saf-29th)

Respectfully submitted, Isl Scott of the 36th, Chairman
Senate Rules Committee

The following general bills were read the third time and put upon their passage:

SB 159. By Senators Williams of the 6th, Blitch of the 7th and Gillis of the 20th:
A bill to amend Code Section 27-4-130.1 of the Official Code of Georgia Anno tated, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, so as to provide that there shall be no posses sion limit on flounder and whiting for certain vessels.

The Senate Natural Resources Committee offered the following substitute to SB 159:

A BILL

To be entitled an Act to amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and minimum size lim its for certain finfish species, so as to expand the possession limit on whiting for certain vessels; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open sea sons, creel and possession limits, and minimum size limits for certain finfish species, is amended by striking in its entirety subsection (c), and inserting in lieu thereof the following:

"(c)(l) It shall be unlawful to take the following salt-water finfish species at any time except during the open seasons so established for such species or to take or possess the following salt-water finfish species except in accordance with the creel and possession limits and minimum sizes so established for such species:

Species

Maximum Open Season

Maximum Daily Creel And
Possession Limit

Minimum Size

ffl(A) Spotted seatrout

All year

15

13 inches

<8XB) Weakfish

All year

6

13 inches

(8XC) Black drum

All year

15

10 inches

Flounder (Paralicthys spp.)

All year

15

12 inches

(5XE) Whiting

All year

36

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(Menticirrhus spp.)

50

10 inches

(6XF) Spot

All year

25

8 inches

frXG) Atlantic croaker

All year

25

8 inches

(8XH) Tripletail

All year

5

18 inches

(2) Any provision of paragraph (1) of this subsection to the contrary notwithstand ing, there shall be a possession limit of 100 per person on whiting for a commercial trawler using a turtle exclusion device and a bycatch reduction device."

SECTION 2.

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

Senator Williams of the 6th offered the following amendment:
Amend the Senate Natural Resources Committee substitute to SB 159 by inserting on line 14 of page 2, immediately following the word "person" the words "per day".
On the adoption of the amendment, the yeas were 34, nays 0, and the Williams amend ment was adopted.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th
Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht
Y mil
Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott EX Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

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The bill, having received the requisite constitutional majority, was passed by substitute.
SB 210. By Senators Walker of the 22nd, Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd, Thomas of the 10th and others:
A bill to amend Chapter 20A of Title 33 of the Official Code of Georgia Anno tated, the "Patient Protection Act of 1996," relating to managed care plans, and Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to require managed care plans and health maintenance organizations to make certain additional disclosures and include additional access to and reimbursement of out of network providers and hospitals.
Senator Walker asked unanimous consent that SB 210 be dropped to the foot of the Cal endar. The consent was granted, and SB 210 was dropped to the foot of the Senate Rules Calendar for today.
SB 148. By Senators Fort of the 39th, Scott of the 36th, Brown of the 26th and others:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to provide that certain motor vehicles shall be contraband and shall be forfeited; to provide for seizure and condem nation of such motor vehicles; to provide for practices, procedures, and require ments relative to the seizure, forfeiture, and disposal of such motor vehicles; to provide for exceptions; to provide for notices; to provide for disposition of proceeds; to provide for security interests and other interests in such motor vehicles and the proceeds derived therefrom.
The Senate Judiciary Committee offered the following substitute to SB 148:
A BILL
To be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia An notated, relating to sexual offenses, so as to provide that certain motor vehicles used or intended to be used in connection with a violation of Code Section 16-6-9, relating to prostitution, shall be contraband and shall be subject to forfeiture; to define certain terms; to provide that certain persons shall not have a property right in motor vehicles which are declared to be contraband; to provide for the filing of actions and the prac tices, procedures, time limits, and notices related thereto; to provide for jurisdiction; to provide for compromise and settlement; to provide for seizure and disposition of motor vehicles, rights therein, and proceeds derived therefrom; to provide that certain rented or leased vehicles are not subject to forfeiture; to provide procedures in connection there with; to provide for duties and powers of sheriffs, law enforcement officers and prosecut ing attorneys; to provide for service of process and notices; to provide that certain motor vehicles taken or detained are not subject to replevin, conveyance, sequestration, or at tachment; to provide for the consolidation of actions; to provide for bonds; to provide for seizure, storage, use, and retention of motor vehicles; to provide for estimates of value; to provide for claims, hearings, and the determination of rights and interest in motor ve hicles; to provide for temporary restraining orders; to provide for the sale or other dispo sition of motor vehicles interests therein; to provide for the jurisdiction and power of courts and the judges thereof; to provide for other matters related thereto; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

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Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by adding between Code Sections 16-6-13.1 and 16-6-14 a new Code Section 16-6-13.2 to read as follows:
"16-6-13.2.
(a) As used in this Code section, the term:
(1) 'Costs' means, but is not limited to:
(A) All expenses associated with the seizure, towing, storage, maintenance, cus tody, preservation, operation, or sale of the motor vehicle; and
(B) Satisfaction of any security interest or lien not subject to forfeiture under this Code section.
(2) 'Court costs' means, but is not limited to:
(A) All court costs, including the costs of advertisement, transcripts, and court re porter fees; and
(B) Payment of receivers, conservators, appraisers, accountants, or trustees ap pointed by the court pursuant to this Code section.
(3) 'Governmental agency' means any department, office, council, commission, com mittee, authority, board, bureau, or division of the executive, judicial, or legislative branch of a state, the United States, or any political subdivision thereof.
(4) 'Interest holder' means a secured party within the meaning of Code Section 11-9105 or the beneficiary of a perfected encumbrance pertaining to an interest in a mo tor vehicle.
(5) 'Motor vehicle' or Vehicle' means any motor vehicle as defined in Code Section 40-1-1.
(6) 'Owner' means a person, other than an interest holder, who has an interest in a motor vehicle and is in compliance with any statute requiring its recordation or re flection in public records in order to perfect the interest against a bona fide pur chaser for value.
(7) 'Proceeds' means property derived directly or indirectly from, maintained by, or realized through an act or omission and includes any benefit, interest, or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose.
(b)(l) An action filed pursuant to this Code section shall be filed in the name of the State of Georgia and may be brought by the prosecuting attorney having jurisdiction over any offense which arose out of the same conduct which made the motor vehicle subject to forfeiture. Such prosecuting attorney may bring an action pursuant to this Code section in the superior court in the county where the motor vehicle was seized or in the county where conduct occurred which made the motor vehicle subject to forfeiture.
(2) Any action brought pursuant to this Code section may be compromised or settled in the same manner as other civil actions.
(c) Any motor vehicle which was, directly or indirectly, used or intended for use in any manner to facilitate a violation of Code Section 16-6-9, relating to prostitution, or in which a violation of such Code section occurs is declared to be contraband and, except as otherwise provided in this Code section, no person shall have a property right in such motor vehicle.

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(d) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that such owner or interest holder:
(1) Is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know and could not reasonably have known of the conduct or that it was likely to occur;
(2) Holds the motor vehicle jointly or in common with a person whose conduct gave rise to its forfeiture and such owner did not consent to such conduct and did not know and could not reasonably have known of the conduct or that it was likely to occur;
(3) Does not hold the motor vehicle for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder ac quired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; or
(4) Acquired the interest:
(A) Before the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
(B) After the completion of the conduct giving rise to its forfeiture:
(i) As a bona fide purchaser for value without knowingly taking part in an ille gal transaction; and
(ii) At the time the interest was acquired, was reasonably without cause to be lieve that the motor vehicle was subject to forfeiture or likely to become subject to forfeiture under this Code section.
(e) A rented or leased vehicle shall not be subject to forfeiture unless it is established in forfeiture proceedings that the owner of the rented or leased vehicle is legally ac countable for the conduct which would otherwise subject the vehicle to forfeiture or consented to the conduct. Upon learning of the address or phone number of the com pany which owns any rented or leased vehicle which is present at the scene of an ar rest or other action taken pursuant to this Code section, the seizing law enforcement agency shall immediately contact the company to inform it that the vehicle is availa ble for the company to take possession.
(f)(l) A motor vehicle which is subject to forfeiture under this Code section may be seized by any law enforcement officer of this state or of any political subdivision thereof who has power to make arrests or execute process or a search warrant is sued by any court having jurisdiction over the motor vehicle. A search warrant au thorizing seizure of a motor vehicle which is subject to forfeiture pursuant to this Code section may be issued on an affidavit demonstrating that probable cause exists for its forfeiture or that the motor vehicle has been the subject of a previous final judgment of forfeiture in the courts of this state. The court may order that the mo tor vehicle be seized on such terms and conditions as are reasonable.
(2) A motor vehicle which is subject to forfeiture under this Code section may be seized without process if there is probable cause to believe that the motor vehicle is subject to forfeiture under this Code section or the seizure is incident to an arrest or search pursuant to a search warrant or to an inspection under an inspection warrant.

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(3) The court's jurisdiction over forfeiture proceedings is not affected by a seizure in violation of the Constitution of Georgia or the United States Constitution made with process or in a good faith belief of probable cause.
(g)(l) When a motor vehicle is seized pursuant to this Code section, the sheriff or law enforcement officer seizing the same shall report the fact of seizure, in writing, within 20 days thereof to the prosecuting attorney of the county where the seizure was made.
(2) Within 60 days from the date of seizure, a complaint for forfeiture shall be initi ated as provided for in subsection (1) or (m) of this Code section.
(3) If the state fails to initiate forfeiture proceedings against a motor vehicle seized for forfeiture by notice of pending forfeiture within the time limits specified in paragraphs (1) and (2) of this subsection, the motor vehicle must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code section, unless the motor vehicle is being held as evidence.
(h)(l) Seizure of a motor vehicle by a law enforcement officer constitutes notice of such seizure to any person who was present at the time of seizure who may assert an interest in the motor vehicle.
(2) When a motor vehicle is seized pursuant to this Code section, the prosecuting at torney, sheriff, or law enforcement officer seizing the same shall give notice of the seizure to any owner or interest holder who is not present at the time of seizure by personal service, publication, or the mailing of written notice:
(A) If the owner's or interest holder's name and current address are known, by ei ther personal service or mailing a copy of the notice by certified mail to that address;
(B) If the owner's or interest holder's name and address are required by law to be on record with a government agency to perfect an interest in the motor vehicle but the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail, return receipt requested, to any address on the record; or
(C) If the owner's or interest holder's address is not known and is not on record as provided in subparagraph (B) of this paragraph or the owner's or interest holder's interest is not known, by publication in two consecutive issues of a news paper of general circulation in the county in which the seizure occurs.
(3) Notice of seizure must include a description of the motor vehicle, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged.
(i) A motor vehicle taken or detained under this Code section is not subject to re plevin, conveyance, sequestration, or attachment. The seizing law enforcement agency or the prosecuting attorney may authorize the release of the motor vehicle if the forfei ture or retention is unnecessary or may transfer the action to another agency or prose cuting attorney by discontinuing forfeiture proceedings in favor of forfeiture proceed ings initiated by the other law enforcement agency or prosecuting attorney. An action under this Code section may be consolidated with any other action or proceeding under this title relating to the same motor vehicle on motion by an interest holder and must be so consolidated on motion by the prosecuting attorney in either proceeding or

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action. The motor vehicle is deemed to be in the custody of the State of Georgia sub ject only to the orders and decrees of the superior court having jurisdiction over the forfeiture proceedings.
(j) If a motor vehicle is seized under this Code section, the prosecuting attorney may:
(1) Remove the motor vehicle to a place designated by the superior court having ju risdiction over the forfeiture proceeding;
(2) Remove the motor vehicle to a storage area, within the jurisdiction of the court, for safekeeping;
(3) Provide for another governmental agency, a receiver appointed by the court pur suant to Chapter 8 of Title 9, an owner, or an interest holder to take custody of the motor vehicle and remove it to an appropriate location within the county where the motor vehicle was seized; or
(4) Require the sheriff or chief of police of the political subdivision where the motor vehicle was seized to take custody of the motor vehicle and remove it to an appropri ate location for disposition in accordance with law.
(k) As soon as possible, but not more than 30 days after the seizure of a motor vehi cle, the seizing law enforcement agency shall estimate the value of the motor vehicle seized.
(1) If the estimated value of the motor vehicle seized is $25,000.00 or less, the prose cuting attorney may elect to proceed under the provisions of this subsection in the fol lowing manner:
(1) Notice of the seizure of such motor vehicle shall be posted in a prominent loca tion in the courthouse of the county in which the motor vehicle was seized. Such notice shall include a description of the motor vehicle, the date and place of seizure, the conduct giving rise to forfeiture, a statement that the owner of such motor vehi cle has 30 days within which a claim must be filed, and the violation of law alleged;
(2) A copy of the notice, which shall include a statement that the owner of such mo tor vehicle has 30 days within which a claim must be filed, shall be served upon an owner, interest holder, or person in possession of the motor vehicle at the time of seizure as provided in subsection (h) of this Code section and shall be published for at least three successive weeks in a newspaper of general circulation in the county where the seizure was made;
(3) The owner or interest holder may file a claim within 30 days after the second publication of the notice of forfeiture by sending the claim to the seizing law en forcement agency and to the prosecuting attorney by certified mail, return receipt requested;
(4) The claim must be signed by the owner or interest holder under penalty of per jury and must set forth:
(A) The caption of the proceedings as set forth on the notice of pending forfeiture and the name of the claimant;
(B) The address at which the claimant will accept mail;
(C) The nature and extent of the claimant's interest in the motor vehicle;
(D) The date, identity of the transferor, and circumstances of the claimant's acqui sition of the interest in the motor vehicle;

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(E) The specific provision of this Code section relied on in asserting that the mo tor vehicle is not subject to forfeiture;
(F) All essential facts supporting each assertion; and
(G) The precise relief sought;
(5) If a claim is filed, the prosecuting attorney shall file a complaint for forfeiture as provided in subsection (m) of this Code section within 30 days of the actual receipt of the claim. A person who files a claim shall be joined as a party; and
(6) If no claim is filed within 30 days after the second publication of the notice of forfeiture, all right, title, and interest in the motor vehicle is forfeited to the state and the prosecuting attorney shall dispose of the motor vehicle as provided in sub section (s) of this Code section.
(m)(l) When a complaint is filed pursuant to this Code section, the motor vehicle which is the subject of the action shall be named as the defendant and the action shall be in rem. The complaint shall be verified on oath or affirmation by a duly au thorized agent of the state in a manner required by the laws of this state. Such complaint shall describe the motor vehicle with reasonable particularity; state that it is located within the county or will be located within the county during the pen dency of the action; state its present custodian; state the name of the owner or in terest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the motor vehicle was seized; and con clude with a prayer of due process to enforce the forfeiture.
(2) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who was in possession of the motor vehicle at the time of seizure:
(A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (d) of Code Section 9-11-4;
(B) If the owner, interest holder, or person who was in possession of the motor ve hicle at the time of seizure is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceeding shall be published once a week for two successive weeks in the newspaper in which the sheriffs advertise ments are published. Such publication shall be deemed notice to any and all per sons having an interest in or right affected by such proceeding and from any sale of the motor vehicle resulting therefrom, but shall not constitute notice to an in terest holder unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals him self or herself to avoid service; and
(C) If a motor vehicle which has not been seized is the subject of the action, the court may order the sheriff or another law enforcement officer to take possession of the motor vehicle.
(3) An owner of or interest holder in the motor vehicle may file an answer asserting a claim against the motor vehicle in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or inter est holder shall file an answer within 30 days of the date of final publication. An an-

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swer must be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to an answer in civil actions, the answer must set forth:
(A) The caption of the proceedings as set forth in the complaint and the name of the claimant;
(B) The address at which the claimant will accept mail;
(C) The nature and extent of the claimant's interest in the motor vehicle;
(D) The date, identity of transferor, and circumstances of the claimant's acquisi tion of the interest in the motor vehicle;
(E) The specific provision of this Code section relied on in asserting that the mo tor vehicle is not subject to forfeiture;
(F) All essential facts supporting each assertion; and
(G) The precise relief sought.
(4) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized motor vehi cle as provided for in this Code section.
(5) If an answer is filed, a hearing must be scheduled by the court to be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury.
(n) No person claiming an interest in a motor vehicle subject to forfeiture under this Code section may intervene in a trial or appeal of a criminal action.
(o) In conjunction with any civil or criminal action brought pursuant to this Code section:
(1) The court, on application of the prosecuting attorney, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of a motor vehicle subject to for feiture under this Code section, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture;
(2) A temporary restraining order under this Code section may be entered on appli cation of the prosecuting attorney, without notice or an opportunity for a hearing, if the prosecuting attorney demonstrates that:
(A) There is probable cause to believe that the motor vehicle with respect to which the order is sought, in the event of final judgment or conviction, would be subject to forfeiture under this Code section; and
(B) Provision of notice would jeopardize the availability of the motor vehicle for forfeiture;
(3) Notice of the entry of a restraining order and an opportunity for a hearing must be afforded to persons known to have an interest in the motor vehicle. The hearing must be held at the earliest possible date consistent with the date set in subsection (b) of Code Section 9-11-65 and is limited to the issues of whether:
(A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the motor vehicle's being destroyed, conveyed, encumbered, removed from the jurisdiction of the court, concealed, or otherwise made unavailable for forfeiture; and

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(B) The need to preserve the availability of the motor vehicle through the entry of the requested order outweighs the hardship on any owner or interest holder against whom the order is to be entered;
(4) If a motor vehicle is seized for forfeiture without a previous judicial determina tion of probable cause or order of forfeiture or a hearing under paragraph (2) of this subsection, the court, on an application filed by an owner of or interest holder in the motor vehicle within 30 days after notice of its seizure or actual knowledge of such seizure, whichever is earlier, and complying with the requirements for an answer to an in rem complaint, and after five days' notice to the prosecuting attorney where the motor vehicle was seized, may issue an order to show cause to the seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfeiture of the motor vehicle then exists. The hearing must be held within 30 days unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the motor vehicle, the motor vehicle must be released pending the outcome of a judicial proceeding which may be filed pursu ant to this Code section; and
(5) The court may order a motor vehicle that has been seized for forfeiture to be sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that:
(A) The interest holder has filed a proper claim and:
(i) Is authorized to do business in this state and is under the jurisdiction of a governmental agency of this state or of the United States which regulates finan cial institutions, securities, insurance, or real estate; or
(ii) Has an interest that the prosecuting attorney has stipulated is exempt from forfeiture;
(B) The interest holder must dispose of the motor vehicle by commercially reason able public sale and apply the proceeds first to its interest and then to its reason able expenses incurred in connection with the sale or disposal; and
(C) The balance of the proceeds, if any, must be returned to the actual or con structive custody of the court, in an interest-bearing account, subject to further proceedings under this Code section.
(p) A defendant convicted in any criminal proceeding is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding pursuant to this Code section, regardless of the pendency of an ap peal from that conviction; however, evidence of the pendency of an appeal is admissi ble. For the purposes of this Code section, a conviction results from a verdict or plea of guilty, including a plea of nolo contendere.
(q) In hearings and determinations pursuant to this Code section:
(1) The court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing together with inferences therefrom;
(2) There is a rebuttable presumption that any motor vehicle of a person is subject to forfeiture under this Code section if the state establishes probable cause to be lieve that the person has engaged in conduct giving rise to forfeiture while using or operating said motor vehicle;

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(3) In any contested proceeding to determine if a motor vehicle should be forfeited as provided in this Code section, the prosecuting attorney on behalf of the state must prove that the vehicle is subject to forfeiture pursuant to subsection (c) of this Code section by a preponderance of the evidence; and
(4) In any contested proceeding to determine if a motor vehicle should be forfeited as provided in this Code section, an owner of a property interest or interest holder must prove that the property is exempted from forfeiture pursuant to subsection (d) of this Code section by a preponderance of the evidence.
(r)(l) Any motor vehicle declared to be forfeited under this Code section vests in this state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the motor vehicle after that time. Any motor vehicle or pro ceeds transferred later to any person remain subject to forfeiture and thereafter must be ordered to be forfeited unless the transferee claims and establishes in a hearing under this Code section that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under subsection (d) of this Code section.
(2) On entry of judgment for a person claiming an interest in the motor vehicle that is subject to proceedings to forfeit a motor vehicle under this Code section, the court shall order that the motor vehicle or interest in the motor vehicle be released or de livered promptly to that person.
(s)(l) When a motor vehicle is forfeited under this Code section, the court may:
(A) Order the motor vehicle to be sold, and the proceeds of such sale shall be used for payment of all expenses of the forfeiture and sale including, but not limited to, the expenses of seizure, towing, maintenance of custody, advertising, and court costs. The remainder of the proceeds of a sale of a forfeited motor vehicle, after payment of the expenses, shall be expended by the local governing authority for drug treatment, rehabilitation, prevention, or education or any other program which responds to problems created by drug or substance abuse; or
(B) Upon application of the seizing law enforcement agency or any other law en forcement agency of state, county, or municipal government permit the agency to retain the motor vehicle for official use in law enforcement work.
(2) Where a motor vehicle is to be sold pursuant to this subsection, the court may direct that such motor vehicle be sold by:
(A) Judicial sale as provided in Article 7 of Chapter 13 of Title 9; provided, how ever, that the court may establish a minimum acceptable price for such motor ve hicle; or
(B) Any commercially feasible means.
(t) An acquittal or dismissal in a criminal proceeding does not preclude civil proceed ings under this Code section.
(u) For good cause shown, the court may stay civil forfeiture proceedings during the pendency of a related criminal action resulting from a violation of this chapter.
(v) This Code section must be liberally construed to effectuate its remedial purposes."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

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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:

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks
Huggins Y Jackson
James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price.R Y Price.T Y Ragan Y Ray Y Roberts Y Scott EX Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

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

SB 238. By Senator Dean of the 31st:

A bill to provide for the payment of salary supplements from county funds of the counties of the Tallapoosa Judicial Circuit to the judges of the superior court and district attorney of the Tallapoosa Judicial Circuit; to provide for the time, amount, and manner of payments from each county; to repeal a specific former Act; to provide for related matters; to provide for an effective date.

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

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

Balfour N Blitch Y Bowen Y Broun, 46th Y Brown, 26th N Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean

Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks
Huggins Y Jackson Y James

Y Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R

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Y Price,T Y Ragan Y Ray Y Roberts Y Scott EX Smith

Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate

Y Thomas.D Y Thomas,N
Thompson Walker Y Williams

On the passage of the bill, the yeas were 49, nays 2.
The bill, having received the requisite constitutional majority, was passed.
SB 205. By Senators Walker of the 22nd, Fort of the 39th, Cheeks of the 23rd and Polak of the 42nd:
A bill to amend Chapter 8A of Title 43 of the Official Code of Georgia Anno tated, relating to professional boxing, so as to amend certain definitions; to change the name of the State Boxing Commission to the Georgia Boxing Com mission; to clarify the powers and duties of the commission; to authorize the commission to designate a nationally recognized boxing registry.
The Senate Consumer Affairs Committee offered the following substitute to SB 205:
A BILL
To be entitled an Act to amend Chapter 8A of Title 43 of the Official Code of Georgia Annotated, relating to professional boxing, so as to amend certain definitions; to change the name of the State Boxing Commission to the Georgia Boxing Commission; to clarify the powers and duties of the commission; to authorize the commission to designate a na tionally recognized boxing registry; to provide that the Secretary of State shall designate the secretary of the commission; to provide for a discretionary meeting of the commis sion to approve or reject an application for a license or match permit; to provide for pro cedures to ensure that no boxer is permitted to box while under suspension because of a technical knockout; to provide for annual promoter's licenses; to remove certain provi sions relating to fees for promoters; to provide for match permits and related require ments for issuance, applications, fees, performance bonds, refund of fees in certain cir cumstances, and suspensions; to provide for discretionary investigations of applicants for licenses; to change requirements for licenses; to change provisions relating to refusal to grant a license and suspensions and revocations of licenses; to define telecast promoters and to provide for duties, licenses, fees, and performance bonds of telecast promoters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 8A of Title 43 of the Official Code of Georgia Annotated, relating to professional boxing, is amended by striking in its entirety Code Section 43-8A-1, relating to defini tions relative to professional boxing, and inserting in its place the following:
"43-8A-1.
As used in this chapter, the term:
(1) 'Boxer' means an individual who pai ticipalus competes or intends to compete for a monetary prize or purse in a professional boxing match held within this state.

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(2) 'Boxing match' means a contest between two individuals in which contestants score points in rounds of two or three minutes by striking with padded fists the head and upper torso of the opponent or by knocking the opponent down rendering the opponent unconscious or incapable of continuing the contest by such blows, which contest is held in a square ring supervised by a referee and scored by three judges. Such term shall not include kick boxing, karate, wrestling, nude boxing, tough man fights, ultimate fights, or any boxing event regulated by an amateur sports organization. Such term includes any contest or exhibition, engagement, sparring, or practice session, show, or program to which the public is admitted or which is filmed, broadcast, or transmitted for viewing. Such term shall not include training or practice sessions to which no admission fee is charged.
(3) 'Boxing registry' means a registry created or designated pursuant to subsection <j) (k) of Code Section 43-8A-21.
(4) 'Broadcast' means any audio or visual transmission sent by any means of signal within, into, or from this state, including transmission by satellite, whether live or tape or time delayed and includes any replays thereof.
(5) 'Closed circuit telecast' means any telecast which is not intended to be available for viewing without the payment of a fee, collected for or based upon each event viewed, for the privilege of viewing the telecast and includes the term 'pay-per-view.' This definition includes, but is not limited to, telecasts to arenas, bars, clubs, en tertainment or meeting centers, and private residences through cable, broadcast, or other medium.
(6) 'Commission' means the State Georgia Boxing Commission.
(7) 'Exhibition' means a match where the participants engage in the use of boxing techniques and where the objective is to display boxing skills and techniques with out striving to win.
(8) 'Face value' means the dollar value of a ticket or order, which value shall reflect the dollar amount that the customer is required to pay or, for complimentary tick ets, would have been required to pay to purchase a ticket with equivalent seating priority in order to view the match. A complimentary ticket shall not have a face value of $0.00. A complimentary ticket shall not have a face value of less than that of the least expensive ticket available for sale to the general public. 'Face value' shall include any charges or fees, such as dinner, gratuity, parking, surcharges, or any other charges or fees which are charged to and must be paid by the customer in order to view the match. It shall exclude any portion paid by the customer for fed eral, state, or local taxes.
(9) 'Gross proceeds' means the total revenue received solely from the sale of tickets used or intended to be used by the audience physically attending any event required to be licensed under this chapter.
(9)(10) 'Gross receipts' means the gross price charged for the sale or lease of broad casting, television, closed circuit, or motion picture rights without any deductions for commissions, brokerage fees, distribution fees, production fees, advertising, or other expenses or charges; the portion of the receipts from the sale of souvenirs, programs, and other concessions received by the promoter; and the face value of all tickets sold and complimentary tickets redeemed.
ttO)(ll) 'Indian tribe' means such term as defined in Section 4(a) of the federal In dian Self-Determination and Education Assistance Act, 25 U.S.C.A. Section 450b(e).

TUESDAY, MARCH 9, 1999

911

) 'Local fee tax' means any occupation tax or iegulalui,y fee or special evunl
^Ftii'iiiiL d.8 Qtillllfeu. 111. p<i1'iij^ i ctpllri (,4^ iiliCl. v^J/ OI l_/OClc ocCtiOH *TO- lo~ij i*eij ill1"t;u TO ue
obtained fium other tax owed to a county or municipality in order to hold a profes sional boxing match within such county or municipality.
) 'Manager' means a person who receives compensation for service as an agent or representative of a boxer.
) 'Matchmaker' means a person who is employed by or associated with a pro moter in the capacity of booking and arranging boxing matches between opponents or who proposes professional boxing matches and selects and arranges for the boxers to participate in such matches and for whose activities in this regard the promoter is legally responsible.
(14)(15) 'Person' means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character.
ti5)(16) 'Physician' means a doctor of medicine or other medical professional legally authorized by any state to practice medicine.
fi6X17) 'Professional boxing match' means a boxing match held in the State of Georgia in which boxers compete for a monetary prize.
fi?X18) 'Promoter' means the person primarily responsible for organizing, promot ing, and producing a professional boxing match and who is legally responsible for the lawful conduct of such boxing match.
(19) 'Purse' or 'ring earnings' means the financial guarantee or any other remunera tion, or part thereof, for which professional boxers are participating in a contest or exhibition and includes the boxer's share of any payment received for radio broad casting, television, or motion picture rights.
fi6)(20) 'Reservation' means the geographically defined area over which a tribal or ganization exercises governmental jurisdiction.
f49)(21) 'State' means any of the 50 states, Puerto Rico, the District of Columbia, and any territory or possession of the United States.
(26)(22) 'System operator' means any person who broadcasts or telecasts a closed circuit telecast regardless of the technology used to transmit or receive the broad cast or telecast.
(23) 'Telecast promoter' means any promoter who shows or causes to be shown in this state a closed circuit telecast of any professional boxing event, whether or not the telecast or event originates in this state. "Telecast promoter" shall not include a satellite or cable television system operator.
f2)24 'Tribal organizations' means such term as defined in Section 4(1) of the fed eral Indian Self-Determination and Education Assistance Act, 25 U.S.C.A. Section 450b(l)."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 43-8A-21, relat ing to the powers and duties of the State Boxing Commission, and inserting in lieu thereof the following:
"43-8A-21.

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(a) The Georgia Boxing Commission is the sole regulator of professional boxing in Georgia and shall have authority to protect the physical safety and welfare of profes sional boxers and serve the public interest by closely supervising all professional box ing activity in Georgia.
The commission shall have the sole jurisdiction to license the promotion or hold ing of each professional boxing match promoted or held within this state.
(faXc) The commission shall have the sole authority to license participants in any pro fessional boxing match held in the State of Georgia.
(cXd) The commission has the authority to direct, manage, control, and supervise all professional boxing matches. It may adopt bylaws for its own management and pro mulgate and enforce rules and regulations for the holding of professional boxing matches and for the effective administration of this chapter.
forXe) The commission may appoint inspectors as duly authorized representatives of the commission to be present at all professional boxing matches to ensure that the rulee are strictly observed.
fe)(f) The commission may designate physicians as duly authorized representatives of the commission to conduct physical examinations of boxers licensed under this chapter.
ffXg) The commission or any agent duly designated by the commission may make in vestigations. The commission may hold hearings, issue subpoenas to compel the at tendance of witnesses and the production of books, papers, and records, and adminis ter oaths to and examine any witnesses for the purpose of determining any question coming before it under this chapter or under the rules and regulations adopted pursu ant to this chapter. During an investigation of any allegation which, if proven, would result in criminal or civil sanctions as provided in this chapter, the commission may withhold all or a portion of the gross receipts to which the person under investigation is entitled until such time as the matter has been resolved.
(g)(h) The commission shall be authorized to engage in activities which promote ama teur boxing in this state and to contract with any nonprofit organization which is ex empted from the taxation of income pursuant to Code Section 48-7-25 for the provision of services related to the promotion of amateur boxing in this state.
frrKi) The commission shall have the authority to supervise a professional boxing match held in another state which has no state boxing commission, so long as such professional boxing match is conducted in accordance with the recommended regula tory guidelines certified and published by the Association of Boxing Commissions, this chapter, and rules and regulations adopted pursuant to this chapter. The commission may contract with an Indian tribe to supervise, according to the regulations of the tri bal organization, professional boxing matches held on reservations, but only if the commission is otherwise authorized by this chapter to carry out the terms of the contract.
(r)(j) The commission is authorized to issue to each boxer who is a resident of this state an identification card bearing the boxer's photograph and in such form and con taining such information as the commission deems necessary and appropriate. The commission is expressly authorized to ensure that the form and manner of issuance of such identification cards comply with any applicable federal law or regulation. The commission is authorized to charge an amount not to exceed $100.00 per card for the issuance or replacement of each identification card.

TUESDAY, MARCH 9, 1999

913

ffi(k) The commission is authorized to create a boxing registry, or to designate a na tionally recognized boxing registry, and to register each boxer who is a resident of this state or who is a resident of another state which has no boxing registry.
fkXl) The commission is authorized to inquire into the financial backing of any profes sional boxing match and obtain answers to written or oral questions propounded to all persons associated with the professional boxing match.
(m) The commission is authorized to supervise and monitor the closed circuit telecast of a boxing match available for viewing in Georgia, whether or not the boxing match occurs in Georgia. The commission shall adopt necessary rules and regulations consis tent with this chapter to implement this authority."
SECTION 3.
Said chapter is further amended by striking in their entirety Code Section 43-8A-22, re lating to the duties of the secretary of the commission, and Code Section 43-8A-23, relat ing to meetings, voting, quorum, and receiving applications, and inserting in lieu thereof the following:
"43-8A-22.
The juml-bBC.reUu'.y Secretary of State shall be designate the secretary of the commis sion-:--He ui she, who shall issue licenses and identification cards and perform such other duties as the commission may direct to carry out the provisions of this chapter.
43-8A-23.
(a) The commission shall meet upon the call of the chairperson or upon the call of any two members. The business of the commission shall be conducted by a majority vote of the members present. A majority of the commission members shall constitute a quorum.
(b) The chairperson shall, if necessary, may within ten days of receiving an applica tion and license fee call a meeting of the commission for the purpose of approving or rejecting an application for a license or match permit which has been submitted to the commission. The meeting shall be held within 20 days of the chairperson's call at a place designated by the chairperson."
SECTION 4.
Said chapter is further amended by striking in its entirety Code Section 43-8A-24, relat ing to rules and regulations, and inserting in lieu thereof the following:
"43-8A-24.
The commission shall adopt rules and regulations to establish the following:
(1) Procedures to evaluate the professional records and physicians' certifications of each boxer participating in a professional boxing match and to deny authorization for a boxer to fight where appropriate;
(2) Procedures to ensure that, except as provided in subsection (c) of Code Section 43-8A-44, no boxer is permitted to box while under suspension from any state box ing commission because of:
(A) A recent knockout, technical knockout, or series of consecutive losses;
(B) An injury, requirement for a medical procedure, or physician's denial of certification;
(C) Failure of a drug test; or

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(D) The use of false aliases or falsifying official identification cards or documents; and
(3) Procedures to report to the boxing registry the results of all professional boxing matches held in this state or being supervised by the commission and any related suspensions."
SECTION 5.
Said chapter is further amended by striking in their entirety Code Section 43-8A-40, re lating to licenses and fees, and Code Section 43-8A-41, relating to notification of the commission, and inserting in lieu thereof the following:
"43-8A-40.
(a) No person shall promote or hold a professional boxing match within this state without first applying for and obtaining a state promoter's license from the Georgia commission. No person shall promote or hold a professional boxing match supervised by the commission in another state which has no state boxing commission without first obtaining, in addition to any required local fee, a Georgia state promoter's license from the Georgia commission. Licenses shall be issued annually and shall expire on December 31 of each calendar year.
(b) Promoters shall apply to the commission for a license required by subsection (a) of this Code section on a form provided by the commission. The application shall be ac companied by a nonrefundable fee not to exceed $250.00 in the form of a cashier's check made out to the commission. The commission may charge an additional fee nut
tO CA.CCCI! cin 3.Ili(juiiL cv^uiil LO u ^jciiiciiL OI tile iiiSL JpJ.UjUUU.UL/ Ol ^i'uSS piuCccubj ^jlu.6
3 peiuuiit uf giuhB piucends between $10,000.00 atid $100,000.00, plus 2 percent uf gum proceeds ill uAueas uf $100,000.00. The application shall also be accompanied by a performance bond in an amount and under such conditions as the commission may require.
(c) No person shall promote or hold a professional boxing match within this state and no person shall promote or hold a professional boxing match supervised by the com mission in another state, without first applying for and obtaining a match permit from the commission for such boxing match. Each application for a match permit shall be on a form provided by the commission and shall be accompanied by a nonrefundable application fee not to exceed $250.00 in the form of a cashier's check made out to the commission. The commission may charge an additional match fee in accordance with rules and regulations promulgated by the commission to implement the provisions of this article.
(d) The commission may, prior to issuing any match permit, require a performance bond in addition to that required in subsection (b) of this Code section.
(e) The commission may refund any portion of the match permit fee in excess of $250.00 to any person who paid such excess fee in the event the professional boxing match for which such fees were paid is not held.
43-8A-41.
Any promoters desiring to hold a professional boxing match in another state which has no state boxing commission but which will be supervised by the commission shall provide the commission with written notification nut later no less than 30 days before the intended date of the match. Such notification shall contain a statement that all applicable requirements of this chapter will be met and the name of each person who

TUESDAY, MARCH 9, 1999

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will be involved in organizing or participating in the event, if any, who, at the time of the submission of the notification, is under suspension and the identity of the boxing commission that issued the suspension."
SECTION 6.
Said chapter is further amended by striking in their entirety Code Section 43-8A-42, re lating to eligibility for licensure, and Code Section 43-8A-43, relating to registration, identification cards, and fees, and inserting in lieu thereof the following:
"43-8A-42.
(a) Prior to participating in a professional boxing match supervised by the commis sion, referees, judges, timekeepers, auiiouiiceis matchmakers, boxers, managers, train ers, and each person who assists a boxer immediately before and after a match and between rounds during a match shall apply for and be issued licenses. Licenses may shall be issued annually and shall expire on December 31 of each calendar year. Each applicant shall make application on a form provided by the commission which shall be accompanied by an annual license fee not to exceed $250.00. At the discretion of the commission, the fee required in this Code section may be prorated.
(b) The commission shall is authorized to conduct a background investigation to deter mine if an applicant under this Code section has a criminal record; provided, however, that the fact of a criminal record alone shall not affect the application but shall be considered a factor in determining whether to issue a license. The cost of such back ground investigation shall be borne by the applicant.
(c) The commission shall not issue a license under this Code section unless:
(1) The applicant has paid any lequiied lucal fee commission has determined to the best of its ability that the applicant has the training or skills necessary to perform in the manner appropriate to the license;
(2) The applicant has complied with all applicable requirements of this chapter and any rules and regulations adopted under this chapter; and
(3) The commission or its designated representative has determined from informa tion provided on the application or from any medical evaluation required by the commission that iiu liaun lu the health, welfare, muials, ui and physical safety of the citizens of this state applicant will result fi'uiii not be unduly jeopardized by the huldiiig uf sudi match issuance of such license.
43-8A-43.
In addition to the license required in Code Section 43-8A-42, each boxer who is a resi dent of this state or another state which has no state boxing commission is required to register with a boxing registry created or designated by the commission and renew his or her registration at least once every two years, as determined by the commission. At the time of registration and renewal, the boxer shall provide the boxing registry with a recent photograph of the boxer and the social security number of the boxer or, in the case of a foreign boxer, any similar citizen identification number or boxer num ber from the country of residence of the boxer, along with any other information the commission requires. The boxing registry shall issue a personal identification number to each boxer and such number shall appear on the identification card issued to the boxer as a result of registration. Each boxer is required to present to the boxing com mission an identification card issued by the state in which he or she resides not later

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than the time of the weigh-in for a professional boxing match. The commission may charge a registration fee in an amount calculated to cover the administrative expense of such registration."
SECTION 7.
Said chapter is further amended by striking in its entirety Code Section 43-8A-44, relat ing to revocation or suspension of licenses, and inserting in lieu thereof the following:
"43-8A-44.
(a) The commission shall have the authority to refuse to grant a license to an appli cant upon a finding by a majority of the entire commission that the applicant has failed to demonstrate the qualifications or standards for a license contained in this Code section or under the laws, rules, and regulations under which licensure is sought. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the commission that he or she meets all the requirements for the issuance of a license, and, if the commission is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be al lowed to appear before the commission if he or she so desires.
(aXb) The commission may, by majority vote, after prior notice to the holder of any state license and after affording such a holder an opportunity to be heard, fine the li cense holder, revoke or suspend a state license, or take other disciplinary action against the licensee, and:
(1) The commission shall, upon the recommendation of any officially designated rep resentative for reasons involving the medical or physical safety of any contestant, summarily suspend any license previously issued by the commission or take other disciplinary action against any licensee; provided, however, that such licensee shall, after such summary suspension, be afforded an opportunity to be heard, in accor dance with the rules of the commission and Chapter 13 of Title 50 the 'Georgia Ad ministrative Procedure Act.' Any such summary suspension imposed against a boxer may include, but shall not be limited to:
(A) Prohibiting any such boxer from competing, appearing in, or participating in any boxing match or exhibition within 60 days of having suffered a knockout; or
(B) Prohibiting any such boxer from competing, appearing in, or participating in any boxing match or exhibition within 30 days of having suffered a technical knockout where evidence of head trauma has been determined by the attending ringside physician.
The length of any summary suspension invoked pursuant to subparagraph (A) or (B) of this paragraph, upon recommendation of the ringside physician, may be extended to any number of days. Terms and conditions of the suspension or revocation may require that the boxer submit to further medical evaluation as determined by the ringside physician; and
(2) The commission, its executive director, or its duly authorized representative, as defined by subsection (d) of Code Section 43-8A-21, may, at any time prior to the completion of a permitted boxing match, summarily suspend or revoke the match permit or the license of any specific boxer should it be determined by such person that the continuation of said match may jeopardize the health, welfare, morals, or safety of the citizens of this state or may jeopardize the health or personal safety of any participant of such match; provided, however, that such licensee shall, after

TUESDAY, MARCH 9, 1999

917

such summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act.'

(bXc) The commission may revoke a suspension of a boxer if:

(1) The boxer was suspended pursuant to rules and regulations adopted pursuant to subparagraph (A) or (B) of paragraph (2) of Code Section 43-8A-24 and has fur nished proof of a sufficiently improved medical or physical condition; or

(2) The boxer furnishes proof that a suspension pursuant to subparagraph (D) of paragraph (2) of Code Section 43-8A-24 was not or is no longer merited by the facts.

fcXd) The commission may allow a boxer who is under suspension in another state to participate in a professional boxing match if:

(1) The suspension is for any reason other than those listed in this chapter and the commission notifies the suspending state's boxing commission in writing and con sults with the designated official of such commission prior to the grant of approval for such individual to participate in that professional boxing match; or

(2) The boxer appeals to the Association of Boxing Commissions and the association determines that the suspension of such boxer was without sufficient grounds, for an improper purpose, or not related to the health and safety of the boxer or the pur poses of this chapter.

trrr me ei

iiioy XC1U1AU idii^y ^/ui ijiun vjii uib ibe iur U1K SI ate piuiiiu i-ers license

in <CACCBB uf $200.W Lu cLllJ' ptJi Simi whu paid

lee 111 Llic cvciit

rtr-fim

paid is iiut

SECTION 8.

Said chapter is further amended by striking in their entirety Code Section 43-8A-80, re lating to jurisdiction if a match is broadcast; Code Section 43-8A-81, relating to closed circuit broadcasts; and Code Section 43-8A-82, relating to rights for closed circuit tele casts, pay-per-view, fees, and criminal violations, and inserting in lieu thereof the following:
"43-8A-80.

A boxing match which is broadcast or otherwise transmitted into this state shall be deemed to be held in this state and shall be subject to the jurisdiction of the commis sion and all of the provisions of this chaptei article.

43-8A-81.

The telecast promoter of a closed circuit broadcast must first apply for and the com mission must approve a permit for such a telecast. The application for permit shall be on forms provided by the commission and shall contain the date of the broadcast, the origination address of the broadcast, a statement that the applicant acknowledges re sponsibility for the payment of the fees required by Code Section 43-8A-82 to the com mission, the time period by which the postevent reports must be filed, for what por tion of the closed circuit rights the telecast promoter is acknowledging responsibility, and such other information as the commission may deem necessary to carry out the provisions of this article. The application for a permit must be filed a minimum of 30 days prior to the date of the broadcast.

43-8A-82.

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(a) Where the Georgia distribution rights for a closed circuit telecast to be viewed in this state are in whole owned by, sold to, acquired by, or held by any person who in tends to or subsequently sells or, in some other manner, extends such rights in part to another, then such other person is deemed to be a telecast promoter and must, prior to the telecast, be licensed as such by the commission; provided, however, that the commission may provide by rule for additional licensed telecast promoters to partici pate in the distribution rights and share in the liability for payments to the commis sion of the fees required by subsection fit) (e) of this Code section. Closed circuit tele casts of a boxing match shall not be telecast from, in, or into this state except under the auspices of a telecast promoter licensed in this state; and such telecast promoter shall be responsible for filing the appropriate reports and fee payments with the com mission as provided in this article.
(b) Telecast promoters shall apply to the commission for a license required by subsec tion (a) of this Code section on a form provided by the commission. The application shall be accompanied by a nonrefundable fee not to exceed $250.00 in the form of a cashier's check made out to the commission. The application shall also be accompanied by a performance bond in an amount and under such conditions as the commission may require to implement the provisions of this article.
(bXc) In the case of closed circuit telecasts other than pay-per-view, the telecast pro moter shall notify the commission of the names and addresses of all facilities to or through which the closed circuit telecast will be shown 14 days prior to the date of the closed circuit event and shall provide daily updates to the commission of any additions and deletions of facilities.
fcXd) Any person or facility owner or operator intending to show the closed circuit tel ecast, whether or not an admission fee will be charged, must receive authorization to show the telecast from the telecast promoter prior to the telecast. The showing of a closed circuit telecast, whether or not an admission fee is charged, without the author ization of the licensed telecast promoter is prohibited. This includes the delayed show ing of a closed circuit telecast when such showing requires the authorization of the tel ecast promoter. Information received by the commission of the names of persons showing a closed circuit telecast in violation of this article shall be furnished to the appropriate office for prosecution.
(crXe) In the case of facilities at or through which the closed circuit telecast was shown, other than a satellite or cable television system operator's pay-per-view facili ties, the telecast promoter shall, within ten calendar days after the telecast inclusive of mailing time, file with the commission a written report detailing the name, address, telephone number, contact person's name, and the details of the payment arrangement for the right to receive the telecast for each facility to which the broadcast was trans mitted. The report shall be accompanied by a payment of 8 percent of the total amount paid to the telecast promoter or any agent of such telecast promoter under contract or agreement to receive payment for such telecast for the right to broadcast the telecast as a fee to the commission for the issuance of the telecast permit. The commission may require the owner or operator of the facility where the telecast is be ing shown to file a report containing information regarding the amount paid to the tel ecast promoter or any appropriate agent of the telecast promoter for the right to broadcast the telecast, the quality of the audio and video signal, and such other infor mation as the commission deems appropriate.

TUESDAY, MARCH 9, 1999

919

In the case of a satellite or cable television system operator's pay-per-view facili ties at or through which a closed circuit telecast was shown, the telecast promoter shall, within 15 calendar days following receipt from the commission of the notice of permit fees due, file with the commission a payment of 8 percent of the total gross re ceipts excluding any federal, state, or local taxes but including any fees and expenses charged the telecast promoter by the satellite or cable television system operator. The commission may require the system operator to file reports containing information re garding the number of orders sold and the price charged for such orders and such other information as the commission deems appropriate. Systems shall not be liable to the commission for the fee payment; provided, however, that nothing in this Code section is deemed to prevent a system from billing its customers for the fee payment.
tr)(g) Any telecast promoter, facility owner or operator, or system operator who will fully makes a false and fraudulent report under this Code section is guilty of the crime of falsifying state records and, upon conviction, is subject to punishment as pro vided by law. Such penalty shall be in addition to any other penalties imposed in this article.
fg)(h) Any telecast promoter, facility owner or operator, or system operator who will fully fails, neglects, or refuses to make a report or to pay the permit fees as prescribed or who refuses to allow the commission to examine the books, papers, and records of any promotion is guilty of a misdemeanor.
ftr)(i) The commission, by rule, shall establish monetary penalties for the late payment of permit fees and the late filing of reports and shall prescribe conditions, if any, under which such penalties may be waived."
SECTION 9.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey

Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden

Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott EX Smith
Starr N Stephens Y Stokes
Streat Y Tanksley Y Tate

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JOURNAL OF THE SENATE

Thomas,D Y Thomas,N

Y Thompson Y Walker

Y Williams

On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Gillis of the 20th introduced Roy Malone, State Forester, commended by SR 138, adopted previously. The Calendar was resumed.

SR 175. By Senators Johnson of the 1st and Gillis of the 20th:

A resolution creating the Joint Study Committee on Water Management and Allocation.

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott EX Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 53, nays 2. The resolution, having received the requisite constitutional majority, was adopted.
Senator Hecht of the 34th introduced the doctor of the day, Dr. Douglas Huber of Douglasville, Georgia. Senator Thomas of the 10th introduced Dr. Gary Edelman of Atlanta, Georgia who also served as doctor of the day.
The following bill was taken up to consider House action thereto:
HB 279. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:

TUESDAY, MARCH 9, 1999

921

A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Geor gia Annotated, relating to inspection of public records, so as to provide for con ditions of disclosure of records received or maintained by private persons or private entities performing services for public entities; to change provisions re lating to the time and manner in which custodians of records must respond to requests for inspection.
The House amendment was as follows:

Amend the Senate substitute to HB 279 by striking lines 30 through 34 on page 3 and inserting in lieu thereof the following:
'"(11.1) Records that would reveal an individual's home address, telephone number, social security number, date or place of birth, names of parents, or insurance or medical information; provided, however, that such records may be disclosed where the items listed in this paragraph are redacted;'."
Senator Thompson of the 33rd moved that the Senate agree to the House amendment to the Senate substitute to HB 279.
On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott EX Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate
Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 279.
The Calendar was resumed.

SB 241. By Senators Walker of the 22nd, Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and Thomas of the 10th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create a new Department of Community Health and transfer to that department certain functions and duties previously performed by the Department of Medical Assistance, Health Planning Agency, and State Person nel Board; to provide for legislative intent and definitions; to create a Board of

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Community Health and provide for the appointment, qualification, terms, or ganization, removal, and compensation and expenses of its members; to specif ically repeal Chapter 37 of Title 31 of the Official Code of Georgia Annotated, relating to health care personnel, and Article 6 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, "The Medical Assistance for the Aged Act".
Senator Walker of the 22nd asked unanimous consent that SB 241 be dropped to the foot of the Calendar. The consent was granted, and SB 241 was dropped to the foot of the Senate Rules Calendar for today.

SB 230. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and Polak of the 42nd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Year 2000 Readiness Act"; to provide a short title; to define terms; to authorize certain state regulatory agencies to in vestigate certain entities under their regulatory jurisdiction with respect to the adequacy, security, and accommodation afforded by their services; to au thorize investigation and require certain reports and information.
The Senate Defense, Science and Technology Committee offered the following substitute to SB 230:

A BILL

To be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relat ing to state government, so as to enact the "Year 2000 Readiness Act"; to provide a short title; to define terms; to authorize certain state regulatory agencies to investigate certain entities under their regulatory jurisdiction with respect to the adequacy, security, and accommodation afforded by their services; to authorize investigation and require certain reports and information with respect to entities' readiness and ability to operate without disruption due to changes in dates; to require entities to develop contingency plans; to provide for civil penalties for failure to furnish required reports, information, and plans; to provide for civil penalties for failure of essential services due to noncompliance; to provide for related matters; to provide for an effective date; to provide for automatic re peal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at its end a new Chapter 32 to read as follows:

50-32-1.

"CHAPTER 32

This chapter shall be known and may be cited as the "Year 2000 Readiness Act.'

50-32-2.

As used in this chapter, the term:

(1) "Agency" means the Public Service Commission, the Environmental Protection Division of the Department of Natural Resources, and the Department of Human Resources.

(2) 'Entity' means:

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923

(A) With respect to the Public Service Commission, without exclusion, all utility service providers in the following categories: investor owned electric companies, electric membership corporations, municipal electric systems, investor owned nat ural gas local distribution companies, municipal natural gas systems, natural gas marketers, incumbent local exchange telecommunications companies, competitive local exchange telecommunications companies, interexchange telecommunications companies, and other telecommunications common carriers, but excluding long distance telecommunications resellers, pay phone service providers, natural gas master meter operators, housing authorities, wireless telecommunications compa nies, water and waste-water utility service providers, and cable companies;
(B) With respect to the Environmental Protection Division of the Department of Natural Resources:
(i) Waste-water treatment facilities as defined in Chapter 391-3-6.02(2)(d) of the Georgia Rules for Water Quality;
(ii) Water treatment systems as defined in Chapter 391-3-0.02 of the Georgia Rules for Safe Drinking Water;
(iii) Entities operating air-cleaning devices as defined in Code Section 12-9-3; and
(iv) Hazardous waste treatment systems which include any method, process, or equipment which treats, removes, reduces, recycles, or renders less noxious any substance defined in applicable state rules and regulations for hazardous waste management as a hazardous waste; and
(C) With respect to the Department of Human Resources:
(i) Any facility licensed under Code Section 31-13-8.2 to use radioactive materi als or radiation generating equipment for diagnostic and therapeutic medical uses;
(ii) Ambulatory surgical or obstetrical facilities as defined in Code Section 31-6-
2;
(iii) Clinical laboratories as defined in Code Section 31-22-1;
(iv) Emergency medical services and ambulance services as defined in Code Sec tion 31-11-2;
(v) Health maintenance organizations and managed health care plans as de fined in Chapters 20A and 21 of Title 33;
(vi) Home health agencies as defined in Code Section 31-7-150;
(vii) Hospices as defined in Code Section 31-7-172;
(viii) Institutions as defined in Code Section 31-7-1;
(ix) Intermediate care facilities as denned in Code Section 31-6-2;
(x) Private home care providers as denned in Code Section 31-7-300;
(xi) Nursing homes as defined in Code Section 43-27-1; and
(xii) Personal care homes as defined in Code Section 31-7-12.
(3) 'Essential service' means any service the loss or interruption of which directly threatens the health, safety, or economic well-being of the people of the state.
(4) Tear 2000' means the calendar year commencing immediately after the hour of 12:00 Midnight of December 31, 1999.

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(5) Tear 2000 compliant' means that the software, application, hardware, firmware, equipment, embedded chip, or other applicable item which is represented to be Year 2000 compliant (the 'item'):
(A) Is able, without delay, error, invalid or incorrect results, premature endings, or interruption, to consistently and correctly recognize, handle, accept, sort, ma nipulate, calculate, display, store, retrieve, access, compare, and process date, year, and time data and information before, between, during, and after January 1, 1999, September 9, 1999, December 31, 1999, January 1, 2000, February 29, 2000, March 1, 2000, and any other date after December 31, 1999 (all of the foregoing being collectively defined as the 'relevant dates'), including, but not limited to, ac cepting any date, year, or time data and performing calculations or other opera tions or functions on dates, years, or times or portions of dates, years, or times, without delay, error, invalid or incorrect results, premature endings, or interruption;
(B) Before, between, during, and after any of the relevant dates, functions accu rately in accordance with any applicable specifications or documentation and with out delay, interruption, premature endings, error, invalid or incorrect results, or changes in operations associated with the occurrence of any of the relevant dates or the advent of any new century, year, leap year, or any other date, year, or time related matter;
(C) Consistently and accurately responds to, stores, and provides output of twodigit year data or six-digit date data and properly resolves any ambiguity as to century or year;
(D) Will not be adversely affected in any manner by the advent of the Year 2000 or the passing or transition of any year, century, or other relevant date;
(E) Has been designed to accommodate same century and multicentury formulas and date values and date data interface values that reflect the century; and
(F) Consistently, correctly, accurately, uunambiguously, and without delay, error, invalid or incorrect results, premature endings, or interruption receives, provides, processes, and interfaces date, year, and time data between all items and all other software, applications, hardware, firmware, equipment, embedded chip, or other applicable items.
50-32-3.
(a) Each agency shall have authority to examine the affairs of any entity under its ju risdiction and to require by rule or regulation the provision of information as to such entity's management and operations with respect to the adequacy, security, and ac commodation afforded by its service to the public and its employees in the provision of essential services which may be lost or interrupted by disruption of computer related functions on the occurrence of the Year 2000.
(b) Each agency shall have the authority to require by rule or regulation any entity under its jurisdiction to prepare and submit contingency plans for implementation in the event of disruption of computer related functions on the occurrence of the Year 2000.
(c) Each entity shall complete and respond completely to any Year 2000 status survey conducted by an agency no later than 30 calendar days after receipt. Failure to re spond in a timely manner may result in an administrative penalty of up to $1,000.00 per day until the completed survey response is received by requesting agency.

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925

(d) Each entity shall provide, when required by an agency having jurisdiction over such entity, updates to Year 2000 status surveys at the intervals specified by the agency. The agency may require subsequent additional updates as it deems necessary and may assess an administrative penalty of not more than $1,000.00 per day for fail ure to timely submit such updates, subject to the provisions of Code Section 50-32-5. 50-32-4.
Each agency shall have the authority to audit the entities under its jurisdiction for all matters related to Year 2000 compliance and contingency planning pursuant to rule or regulation. Each entity shall produce all requested audit materials and entity person nel subject to 30 days' notice by the agency conducting the audit. Failure to produce requested audit materials, if they exist, and requested entity personnel, or in case of personal emergencies a reasonable substitute, may result in an administrative penalty of up to $1,000.00 per day until the requested materials are produced or requested personnel are made available. 50-32-5.
(a) Failure of any essential service due to an entity's failure to reasonably and appro priately plan for Year 2000 compliance may subject an entity to a civil penalty not to exceed $10,000.00, which penalty may be imposed by an agency subject to notice and hearing under the provisions of Chapter 13 of this title.
(b) All other administrative penalties which may be imposed pursuant to the terms of this chapter shall be subject to the procedures set forth in subsection (a) of this Code section.
(c) The provisions for penalties in this chapter shall not impair the right of any per son, firm, corporation, or local government body to bring an action for injunctive or other relief pursuant to any other applicable provision of law. 50-32-6.
Rules and regulations promulgated pursuant to this chapter shall be deemed to be provisions protecting against imminent danger to the public health, safety, or welfare, and subject to the emergency rule-making provisions of subsection (b) of Code Section 50-13-4."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
This Act shall stand repealed on December 31, 2001; provided, however, that proceed ings for enforcement of penalties provided for in this Act shall not be abated by such re peal, and such penalties may be imposed and collected where such proceedings were pending on or prior to that date.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, and Polak of the 42nd offered the following amendment:
Amend the committee substitute to SB 230 by striking all matter on lines 37 through 42 of page 4 and lines 1 through 3 of page 5 and inserting in place thereof the following:

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"(a) Each agency shall have authority to examine the affairs of any entity under its jurisdiction with respect to the adequacy of such entity's plans to ensure the provision of essential services which may be lost or interrupted by disruption of computer re lated functions only as a result of the occurrence of the Year 2000 and may require by rule or regulation the provision of information with respect thereto."
On the adoption of the amendment, the yeas were 33, nays 0, and the Thompson, et al. amendment was adopted.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott EX Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 199. By Senators Hecht of the 34th, Jackson of the 50th, Hill of the 4th and others:
A bill to amend Code Section 30-5-5 of the Official Code of Georgia Annotated, relating to investigation of reporters of need for protective services under the "Disabled Adults and Elder Persons Protection Act," so as to authorize the di rector of the county department of family and children services or the direc tor's designee to file a petition in the superior court to seek immediate access to a disabled adult or elder person who may be in imminent danger as a result of abuse, exploitation, or neglect.
The Senate Consumer Affairs Committee offered the following substitute to SB 199:
A BILL

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927

To be entitled an Act to amend Code Section 30-5-5 of the Official Code of Georgia Anno tated, relating to investigation of reports of need for protective services under the "Dis abled Adults and Elder Persons Protection Act," so as to authorize the director of the county department of family and children services or the director's designee or an adult protection agency employee to file a petition in the probate or superior court to seek im mediate access to a disabled adult or elder person who may be in imminent danger as a result of abuse, exploitation, or neglect; to provide procedures; to authorize a judge of the probate or superior court to issue an ex parte order requiring that an adult protec tion agency employee be given access to a disabled adult or elder person to inquire into such person's well-being; to provide for enforcement of such orders; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 30-5-5 of the Official Code of Georgia Annotated, relating to investigation of reports of need for protective services under the "Disabled Adults and Elder Persons Protection Act," is amended by adding at the end thereof a new subsection (h) to read as follows:

"(h) Notwithstanding any other provisions of this Code section, if any director or adult protection agency employee receives a report or gains knowledge that a disabled adult or elder person is in need of protective services and such disabled adult or elder per son may be in imminent danger resulting from abuse, exploitation, or neglect, the di rector or designee of the director may file a petition with the probate or superior court stating the grounds on which the director or designee of the director believes that the disabled adult or elder person may be in imminent danger and seeking immediate ac cess to such person. The judge, in his or her discretion, may issue an ex parte order requiring the caretaker or any other person at the place where the disabled adult or elder person resides to afford an adult protection agency employee immediate access to such person to determine the person's well-being. If the adult protection agency em ployee is denied access to the disabled adult or elder person, the employee shall con tact immediately a law enforcement officer to assist the employee in enforcing such or der. Any person willfully violating any order issued pursuant to this paragraph shall be in contempt of the court issuing such order and may be punished accordingly by the judge of the court. The adult protection agency employee shall conduct a brief in vestigation to determine the condition of the disabled adult or elder person."

SECTION 2.

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

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

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush

Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts

Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden

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Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp
Ladd Y Lamutt

Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott

EX Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

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

SB 218. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to amend Code Section 42-8-34 of the Official Code of Georgia Anno tated, relating to imposition of probation in criminal cases, so as to provide for the imposition of a new one-time fee when a defendant is placed on probation or another program under the supervision of the Department of Corrections.

Senators Tanksley of the 32nd, Thompson of the 33rd and Stokes of the 43rd offered the following amendment:
Amend SB 218 by adding after the first semicolon on line 6 of page 1 the following:
"to provide for new one-time fees in connection with probated and suspended sentences in certain courts;".
By adding after the designation "(d)" on line 14 of page 1 the new designation "(1)".
By striking the quotation mark on line 5 of page 2 and adding between lines 5 and 6 of page 2 the following:
"(2) In addition to any other provision of law, any person convicted of a violation of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2 who is sentenced to probation or a suspended sentence by a municipal, magistrate, probate, or state court shall also be required by the court to pay a one-time fee of $25.00. The clerk of court, or if there is no clerk the person designated to collect fines, fees, and forfeit ures for such court, shall collect such fee and remit the same to the general fund of the state treasury not later than the tenth day of the month after such fee is col lected and shall be subject to rule and attachment in the same manner as clerks of superior court for failure to so collect and remit.'"
On the adoption of the amendment, the yeas were 44, nays 0, and the Tanksley, et al. amendment was adopted.

Senator Perdue of the 18th offered the following amendment:
Amend SB 218 by striking lines 1 through 6 of page 1 and inserting in lieu thereof the following:

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929

"To amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, and Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing, suspension, probation, and changing of a sentence, so as to provide for the imposition of a new one-time fee when a defend ant is placed on probation or another program under the supervision of the Depart ment of Corrections; to eliminate the two-year limit on supervised probation for proba tioners who have committed crimes against children; to provide for related matters; to repeal".
By striking lines 10 through 12 of page 1 and inserting in lieu thereof the following:
"Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, is amended in Code Section 42-8-34, relating to the imposition of probation in criminal cases, by striking subsection (d) and inserting".
By inserting between lines 5 and 6 of page 2 the following:
"SECTION 2.
Said article is further amended in Code Section 42-8-34.1, relating to the revocation of a probated or suspended sentence and limitation on probation supervision, by striking sub section (e) and inserting in its place a new subsection to read as follows:
'(e)(l) In no event shall an offender other than as described in paragraph (2) of this subsection be supervised on probation for more than a total of two years for any one offense or series of offenses arising out of the same transaction, whether before or after confinement, except as provided by paragraph (2) of subsection (a) of Code Sec tion 17-10-1.
(2) Offenders on probation for having committed crimes against children may be su pervised on probation for any amount of time the judge in his or her discretion deems necessary.'
SECTION 3.
Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing, suspension, probation, and changing of a sentence, is amended by striking paragraph (2) of subsection (a) and inserting in its place a new paragraph to read as follows:
'(2) Probation supervision shall terminate in all cases other than cases in which the probationer was convicted of or pled guilty to a crime against a child no later than two years from the commencement of probation supervision unless specially ex tended or reinstated by the sentencing court upon notice and hearing and for good cause shown; provided, however, in those cases involving the collection of fines, res titution, or other funds, the period of supervision shall remain in effect for so long as any such obligation is outstanding, or until termination of the sentence, which ever first occurs.'".
By striking lines 7 through 9 of page 2 and inserting in lieu thereof the following:
"This Act shall become effective July 1, 1999. Section 1 of this Act shall apply with re spect to sentences entered on or after that effective date. Sections 2 and 3 of this Act shall apply to offenses committed on or after that effective date.".
By redesignating Sections 2 and 3 as Sections 4 and 5, respectively.
Senator Perdue of the 18th asked unanimous consent that his amendment be with drawn. The consent was granted, and the amendment was withdrawn.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott EX Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas.N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SB 245. By Senator Kemp of the 3rd:

A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Geor gia Annotated, the "Child Support Recovery Act," so as to provide for a 36 month review cycle for certain child support orders; to provide for a later re view and modification in certain circumstances; to provide for notice to obli gors and obligees of the right to request a review, notice of a review 30 days before the commencement of a review, and notice of a proposed adjustment or determination that there shall be no change.

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:

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean

Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James

Y Johnson,D Johnson,E
Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R

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931

Price,T Y Ragan Y Ray Y Roberts Y Scott EX Smith

Y Stair Y Stephens Y Stokes Y Streat Y Tanksley Y Tate

Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

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

SB 242. By Senators Thompson of the 33rd, Tanksley of the 32nd and Stokes of the 43rd:
A bill to amend Code Section 35-2-1 of the Official Code of Georgia Annotated, relating to the creation and composition of the Board of Public Safety, so as to change the composition of such board; to provide for the appointment and terms of office of new members of such board; to make editorial revisions; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour Blitch
Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable N Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort
Gillis N Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks
Huggins Y Jackson Y James Y Johnson.D N Johnson.E Y Kemp Y Ladd N Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen
Perdue Y Polak

Y Price,R N Price.T Y Ragan N Ray N Roberts Y Scott EX Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 41, nays 10. The bill, having received the requisite constitutional majority, was passed.
SB 152. By Senators Brush of the 24th, Bowen of the 13th, Perdue of the 18th and Streat of the 19th:

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A bill to amend Code Section 20-8-5 of the Official Code of Georgia Annotated, relating to the law enforcement powers of school security personnel in each public school system of the state, so as to remove a population restriction re lating to the carrying of firearms or weapons by school security personnel cer tified by the Georgia Peace Officer Standards and Training Council.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen
Perdue Y Polak

Y Price.R Y Price.T
Ragan Y Ray Y Roberts Y Scott EX Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 231. By Senators Lee of the 29th and Bowen of the 13th:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Anno tated, relating to the use of radar speed detection devices, so as to recognize the reliability of laser speed detection devices; to provide for admissibility of results; to provide for self-authentication; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th
Brush Y Burton Y Butler
Cable

Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden

Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D

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933

Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue

Y Polak Y Price.R Y Price.T
Ragan Y Ray Y Roberts Y Scott EX Smith Y Starr Y Stephens

Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Thompson of the 33rd introduced Cody Spencer, commended by SR 255, adopted previously.
The following resolution was read and put upon its adoption:
SR 257. By Senators Hooks of the 14th, Starr of the 44th, Walker of the 22nd and Johnson of the 1st:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General As sembly shall adjourn at the close of business on Wednesday, March 10, 1999, and shall reconvene on Monday, March 15, 1999.
BE IT FURTHER RESOLVED that for the duration of the remainder of the 1999 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.
On the adoption of the resolution, the yeas were 38, nays 0, and the resolution was adopted.
Senator Hecht of the 34th moved that SB 199 be immediately transmitted to the House. On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 199 was immedi ately transmitted.
The Calendar was resumed.
SB 210. By Senators Walker of the 22nd, Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd, Thomas of the 10th and others:
A bill to amend Chapter 20A of Title 33 of the Official Code of Georgia Anno tated, the "Patient Protection Act of 1996," relating to managed care plans, and Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to require managed care plans and

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health maintenance organizations to make certain additional disclosures and include additional access to and reimbursement of out of network providers and hospitals.
The Senate Health and Human Services Committee offered the following substitute to SB 210:
A BILL
To be entitled an Act to amend Chapter 20A of Title 33 of the Official Code of Georgia Annotated, the "Patient Protection Act of 1996," relating to managed care plans, and Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to require managed care plans and health mainte nance organizations to make certain additional disclosures and include a consumer choice option providing additional access to and reimbursement of out of network provid ers and hospitals; to prohibit such plans and organizations from using certain financial incentive and disincentive programs; to provide for timely payment by such plans and organizations for certain services; to prohibit certain penalties by such plans and organi zations against health care providers and hospitals and provide for violations; to change certain terms and designations; to provide for applicability; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 20A of Title 33 of the Official Code of Georgia Annotated, the "Patient Protec tion Act of 1996," is amended by striking paragraphs (1) and (2) of Code Section 33-20A5, relating to standards for certification, and inserting in their place the following:
"(l)DlSCLOSURE TO ENROLLEES AND PROSPECTIVE ENROLLEES.
(A) A managed care entity shall disclose to enrollees and prospective enrollees who inquire as individuals into a plan or plans offered by the managed care entity the information required by this paragraph. In the case of an employer negotiat ing for a health care plan or plans on behalf of his or her employees, sufficient copies of disclosure information shall be made available to employees upon re quest. Disclosure of information under this paragraph shall be readable, under standable, and on a standardized form containing information regarding all of the following for each plan it offers:
(i) The health care services or other benefits under the plan offered as well as limitations on services, kinds of services, benefits, or kinds of benefits to be provided;
(ii) Rules regarding copayments, prior authorization, or review requirements in cluding, but not limited to, preauthorization review, concurrent review, postservice review, or postpayment review that could result in the patient's being de nied coverage or provision of a particular service;
(iii) Potential liability for cost sharing for out of network services, including but not limited to providers, drugs, and devices or surgical procedures that are not on a list or a formulary;
(iv) The financial obligations of the enrollee, including premiums, deductibles, copayments, and maximum limits on out-of-pocket expenses for items and ser vices (both in and out of network);

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(v) The number, mix, and distribution of participating providers. An enrollee or a prospective enrollee shall be entitled to a list of individual participating prov iders upon request;
(vi) Enrollee rights and responsibilities, including an explanation of the griev ance process provided under this chapter;
(vii) An explanation of what constitutes an emergency situation and what con stitutes emergency services;
(viii) The existence of any limited utilization incentive plans;
(ix) The existence of restrictive formularies or prior approval requirements for prescription drugs. An enrollee or a prospective enrollee shall be entitled, upon request, to a description of specific drug and therapeutic class restrictions;
(x) The existence of limitations on choices of health care providers;
(xi) A statement as to where and in what manner additional information is available; ami
(xii) A statement that a summary of the number, nature, and outcome results of grievances filed in the previous three years shall be available for inspection. Copies of such summary shall be made available at reasonable costs:; and
(xiii) A summary of any agreements or contracts between the managed care plan and any health care provider or hospital as they pertain to the provisions of Code Sections 33-20A-6 and 33-20A-7. Such summary shall not be required to include financial agreements as to actual rates, reimbursements, charges, or fees negotiated by the managed care plan and any health care provider or hos pital; provided, however, such summary may include a disclosure of the category or type of compensation, whether capitation, fee for service, per diem, dis counted charge, global reimbursement payment, or otherwise, paid by the man aged care plan to each class of health care provider or hospital under contract with the managed care plan.
(B) Such information shall be disclosed to each enrollee under this chapter at the time of enrollment and at least annually thereafter.
(C) Any managed care plan licensed under Chapter 21 of this title is deemed to have met the certification requirements of this paragraph;
(2)AccESS TO SERVICES. A managed care entity must demonstrate that its plan:
(A) Makes benefits available and accessible to each enrollee electing the managed care plan in the defined service area with reasonable promptness and in a manner which promotes continuity in the provision of health care services;
(B) When medically necessary provides health care services 24 hours a day and seven days a week; ami
(C) Provides payment or reimbursement for emergency services and out-of-area services; and
(D) Complies with the provisions of Code Section 33-20A-9.1 relating to nomina tion and reimbursement of out of network health care providers and hospitals; and".
SECTION 2.

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Said chapter is further amended by striking Code Section 33-20A-6, relating to financial incentive programs, and Code Section 33-20A-7, relating to provider penalties, and in serting in their place the following:
"33-20A-6.
(a) A managed care plan may not use a financial incentive or disincentive program that directly or indirectly compensates a health care provider or hospital for ordering or providing less than medically necessary and appropriate care to his or her patients or for denying, reducing, limiting, or delaying such care. Nothing in this Code section shall be deemed to prohibit a managed care entity from using a capitated payment ar rangement consistent with the intent of this Code section.
(b) A managed care plan shall make full and timely payment or reimbursement to any health care provider or hospital in the same manner and subject to the same penalties as required of insurers for group accident and sickness insurance policies under para graph (5) of Code Section 33-30-6.
33-20A-7.
(a) No health care provider may be penalized for considering, studying, or discussing medically necessary or appropriate care with or on behalf of his or her patient.
(b) No health care provider may be penalized by a managed care plan for providing testimony, evidence, records, or any other assistance to an enrollee who is disputing a denial, in whole or in part, of a health care treatment or service or claim therefor.
(c) A finding of a violation of this Code section or Code Section 33-20A-6 by a man aged care plan shall constitute an unfair trade practice punishable under Article 1 of Chapter 6 of this title."
SECTION 3.
Said chapter is further amended by adding after Code Section 33-20A-9 a new Code sec tion to read as follows:
"33-20A-9.1.
(a) It is the intent of the General Assembly to allow citizens to have the right to choose their own health care providers and hospitals with as few mandates from gov ernment and business as possible. It is also the intent to allow these choices with minimal additional cost to any business or consumer in this state.
(b) As used in this Code section, the term 'consumer choice option' means a plan for health care delivery which grants enrollees an unrestricted right to receive covered services outside of any plan provider panel and under the terms and conditions of the plan.
(c) Every managed care plan offered pursuant to Article 1 of Chapter 18 of Title 45 or offered by a managed care entity shall offer a separate consumer choice option to en rollees at least annually with the following provisions:
(1) Every enrollee of a managed care plan shall have the right to nominate one or more out of network health care providers or hospitals for use by that enrollee and that enrollee's eligible dependents, if:
(A) Such health care provider or hospital is located within and licensed by the state;

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(B) Such health care provider or hospital agrees to accept reimbursement from both the plan and the enrollee at the rates and on the terms and conditions appli cable to participating providers and hospitals and under any cost-sharing condi tions provided in paragraph (3) of subsection (d) of this Code section;
(C) Such health care provider or hospital agrees to adhere to the managed care plan's quality assurance requirements and to provide the plan with necessary medical information related to such care; and
(D) Such health care provider or hospital meets all other reasonable criteria as re quired by the managed care plan of in network providers and hospitals.
Each nominated health care provider or hospital which meets the requirements of subparagraphs (A), (B), (C), and (D) of this paragraph shall be reimbursed by the plan, subject to the agreement in subparagraph (B) of this paragraph, as though it belonged to the managed care plan's provider network. Such reimbursement shall be full and final payment for the health care services provided to the enrollee and no health care provider or hospital shall bill the enrollee for any portion of a pay ment exclusive of the requirements of subparagraph (B) of this paragraph.
(d)(l) An enrollee who selects the consumer choice option shall be responsible for any increases in premiums and cost sharing associated with the option; provided, however, that any differential in cost sharing as provided in paragraph (3) of this subsection shall only apply when the enrollee goes out of network.
(2) Any increases in premiums for the consumer choice option shall be limited as follows:
(A) For health benefit plans offered by health maintenance organizations under Chapter 21 of this title, the lesser of the following:
(i) The actuarial basis of the option taking into account actual administrative and other costs associated with the exercise of this option; or
(ii) A 17.5 percent increase in premium over the plan without the option; or
(hi) A 15 percent increase in premium over the plan without the option and with cost-sharing provisions as provided under paragraph (3) of this subsection;
(B) For all other managed care plans under this chapter, the lesser of the following:
(i) The actuarial basis of the option taking into account actual administrative and other costs associated with the exercise of this option;
(ii) A 10 percent increase in premium over the plan without the option; or
(iii) A 7.5 percent increase in premium over the plan without the option and with cost-sharing provisions as provided under paragraph (3) of this subsection.
(3) Any increases in cost sharing for the consumer choice option, as compared to in network cost sharing, shall be limited as follows:
(A) If deductibles are used in network, any deductibles in the consumer choice op tion shall not exceed a 20 percent difference between in and out of network; pro vided, however, that deductibles cannot be accumulated separately between in network and out of network;
(B) If copayments are used in network, any copayments in the consumer choice option shall not exceed a 20 percent difference between in and out of network;

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(C) If coinsurance is used in network, any coinsurance in the consumer choice op tion shall not exceed 10 percentage points between in and out of network; and
(D) In all cases, the maximum differential for out-of-pocket expenditures of the consumer choice option shall not exceed 20 percent as compared to in network; provided, however, that out-of-pocket expenditures cannot be accumulated sepa rately between in network and out of network. Further, all cost sharing that is counted towards the out-of-pocket limit for the consumer choice option shall be the same as that counted towards the in network plan.
(4) After 12 months of full implementation, the pricing of the consumer choice op tion may be reevaluated to consider actual costs incurred and the experience of the standard plan without the option as compared to the consumer choice option. Based on an independent actuarial evaluation of such actual costs incurred and experience, managed care entities may apply for a waiver of the cost provisions of paragraph (2) and (3) of this subsection to the Insurance Commissioner's Office with copies to the Consumers' Insurance Advocate on or after July 1, 2001.
(e) The consumer choice option shall have substantially the same covered benefits as the managed care plan without the option.
(f) For an enrollee who chooses the consumer choice option, the managed care entity shall provide such enrollee with a form to be completed by the enrollee nominated health care provider or hospital. This form shall indicate such health care provider's or hospital's agreement to accept reimbursement as provided in subparagraph (c)(l)(B) of this Code section and such health care provider's or hospital's agreement to adhere to the quality assurance requirements and other reasonable criteria of the plan as pro vided in subparagraphs (c)(l)(C) and (c)(l)(D) of this Code section. The form required by this subsection shall be one page, shall be signed and dated by the nominated health care provider or hospital, and shall be mailed to the managed care entity at the address indicated on the form. In a timely manner and upon receipt of such form from a nominated health care provider or hospital, the plan shall indicate acceptance of the health care provider or hospital and provide any necessary information to the health care provider or hospital including but not limited to a complete copy of the re imbursement terms, quality assurance requirements, and any other reasonable crite ria required by the managed care plan of in network health care providers and hospi tals. A plan may refuse to approve for reimbursement an enrollee nominated health care provider or hospital only upon a showing by clear and convincing evidence that the health care provider or hospital does not meet the requirements of paragraph (1) of subsection (c) of this Code section."
SECTION 4.
Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, is amended by striking "and" at the end of paragraph (3) of subsection (b) of Code Section 33-21-3, relating to grounds for certificate of authority is suance, striking the period at the end of paragraph (4) of that subsection and inserting "; and", and adding immediately thereafter the following paragraph:
"(5) Has arrangements to comply with the provisions of Code Section 33-20A-9.1, re lating to nomination and reimbursement of providers which are not on that health maintenance organization's provider panel."
SECTION 5.

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Said chapter is further amended by striking "and" at the end of subparagraph (c)(3)(I) of Code Section 33-21-13, relating to contents of evidence of coverage, striking the period at the end of subparagraph (J) of said paragraph and inserting "; and", and adding immedi ately thereafter the following subparagraph:
"(K) A summary of any agreements or contracts between the health maintenance organization and any provider in the same manner and subject to the same condi tions as required for summaries of managed care plan contracts and agreements under division (l)(A)(xiii) of Code Section 33-20A-5."
SECTION 6.
Said chapter is further amended by striking subsection (a) of Code Section 33-21-28, re lating to applicability of title to health maintenance organizations, and inserting in its place the following:
"(a) Except as otherwise provided by law, all provisions of this title which are not in conflict with this chapter shall apply to health maintenance organizations and all other persons subject to this chapter, and specifically, the requirements and restric tions of Code Sections 33-20A-6, 33-20A-7, 33-20A-7.1, 33-20A-8, and 33-20A-9.1 shall apply to health maintenance organizations and all other persons subject to this chapter."
SECTION 7.
This Act shall become effective on July 1, 1999, for purposes of preparing for implemen tation of the consumer choice option and shall be applicable to any contract, policy, or other agreement of a managed care plan or health maintenance organization if such con tract, policy, or agreement provides for health care services or reimbursement therefor and is issued, issued for delivery, delivered, or renewed on or after January 1, 2000.
SECTION 8.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort

Y Gillis Y Gingrey Y Golden Y Guhl
Harbison Y Hecht Y Hill
Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd

Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price.R Y Price,T Y Ragan Y Ray Y Roberts Y Scott EX Smith

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Y Start Y Stephens Y Stokes Y Streat

Y Tanksley Y Tate Y Thomas,D Y Thomas,N

Y Thompson Y Walker Y Williams

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

SB 241. By Senators Walker of the 22nd, Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and Thomas of the 10th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create a new Department of Community Health and transfer to that department certain functions and duties previously performed by the Department of Medical Assistance, Health Planning Agency, and State Person nel Board; to provide for legislative intent and definitions; to create a Board of Community Health and provide for the appointment, qualification, terms, or ganization, removal, and compensation and expenses of its members; to specif ically repeal Chapter 37 of Title 31 of the Official Code of Georgia Annotated, relating to health care personnel, and Article 6 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, "The Medical Assistance for the Aged Act".
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler N Cable N Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land
Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

N Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott EX Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley
Y Thomas,D Y Thomas,N Y Thompson Y Walker N Williams

On the passage of the bill, the yeas were 49, nays 6. The bill, having received the requisite constitutional majority, was passed.
Senator Walker of the 22nd moved that the Senate adjourn until 9:00 a.m. tomorrow; the motion prevailed, and at 12:25 p.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Wednesday, March 10, 1999 Thirty-third 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 795. By Representatives Maddox of the 72nd, Mobley of the 69th, Ragas of the 64th and others:
A bill to amend an Act entitled "An Act to fix, prescribe and establish compen sation and/or salaries of the elective county officials of and in the County of DeKalb", so as to provide for the method of employing deputies, clerks, and as sistants required by such officers.
HB 831. By Representatives Buck of the 135th, Davis of the 132nd and Taylor of the 134th:
A bill to amend an Act creating the Muscogee County School District, so as to change the provisions relating to the compensation and expense reimburse ment of the members of the board of education.
HB 861. By Representative Poag of the 6th:
A bill to amend an Act creating the office of commissioner of Murray County, which converted the government to a board of commissioners, so as to provide for the powers of the county manager; to provide for a sole commissioner form of government for Murray County contingent on the passage of a referendum.
HB 866. By Representatives Shipp of the 38th, Golick of the 30th, Sauder of the 29th and others:
A bill to amend an Act changing the boundaries of the seven education dis tricts of the Cobb County School District, so as to change the boundaries of the seven education districts for the election of members of the Board of Edu cation of Cobb County.
HB 883. By Representative Greene of the 158th:
A bill to amend an Act providing a new charter for the City of Fort Gaines, so as to delete the provisions relating to elections by majority; to provide for elec tions by plurality.
HB 884. By Representative Sims of the 167th:

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A bill to amend an Act reconstituting the Board of Education of Atkinson County, so as to change the compensation of the members of the board of education.
HB 885. By Representatives Hammontree of the 4th and Mann of the 5th:
A bill to amend an Act entitled "An Act creating the board of commissioners of Whitfield County," so as to authorize the board of commissioners to provide for a change in the compensation of the chairperson and members of such board.
HB 889. By Representative Crawford of the 129th:
A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Upson County, so as to provide for matters under the exclusive jurisdiction and control of the board of commissioners; to provide for the ap pointment of a county manager and county clerk.
HB 895. By Representative Hudson of the 156th:
A bill to amend an Act creating the Fitzgerald and Ben Hill County Develop ment Authority, so as to change the provisions relating to the secretary of the Authority; to provide for the creation of the office of Executive Secretary of the Authority.
HB 896. By Representative Hudson of the 156th:
A bill to create and establish the Fitzgerald-Ben Hill County Charter Commission.
HB 876. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Tybee Island ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preced ing the taxable year in which that exemption is first granted to a resident of that city.
SB 151. By Senators Jackson of the 50th and Smith of the 25th:
A bill to create the Union County Family Connection Commission; to provide for the appointment of members; to provide for terms, oaths, duties, and pow ers; to authorize the commission to receive and expend funds; to provide for related matters; to provide for an annual report; to provide for an effective date; to provide for reviews.
SB 184. By Senator Brush of the 24th:
A bill to amend an Act providing for a new charter for the City of Grovetown so as to change certain provisions relating to the powers and duties of the mayor.
SB 206. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to create the Conyers Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade,

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and conventions for Conyers, Georgia; to provide for creation and organization; to provide for the membership of the authority and their terms of office and compensation.
SB 209. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating the Conyers-Rockdale Amateur Athletics Au thority so as to change the name of the authority to the Conyers Athletics Au thority; to change the membership of the authority; to change the powers of the authority; to provide for conforming changes; to provide an effective date.
HB 847. By Representatives Cummings of the 27th, Shanahan of the 10th, Irvin of the 45th and others:
A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Geor gia Annotated, relating to general provisions relative to bonds, so as to provide requirements for pension obligation bonds.
HB 548. By Representatives Greene of the 158th, Ponder of the 160th, Hanner of the 159th and others:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to probate courts, so as to change provisions relating to com pensation for service as magistrate or chief magistrate for probate judges.
HB 627. By Representatives Greene of the 158th, Stanley of the 50th, Ray of the 128th and others:
A bill to amend Code Section 48-5-183 of the Official Code of Georgia Anno tated, relating to minimum salaries of tax collectors and tax commissioners, so as to provide for additional increases in compensation.
HB 518. By Representative Royal of the 164th:
A bill to amend Code Section 48-2-44 of the Official Code of Georgia Anno tated, relating to penalty and interest on failure to file a return or pay reve nue held in trust for the state and penalty and interest on failure to pay ad valorem tax, so as to change certain provisions for the disposition of certain interest.
HB 631. By Representatives Sauder of the 29th, Channell of the lllth, Powell of the 23rd and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Geor gia Annotated, relating to medical assistance, so as to provide for the payment of inpatient hospital claims.
HB 636. By Representative Lucas of the 124th:
A bill to amend Chapter 56 of Title 33 of the Official Code of Georgia Anno tated, relating to risk-based capital levels for insurers, so as to allow the Com missioner to exempt certain insurers from the burdens of the chapter; to clar ify the issue of extraterritorial jurisdiction.
HB 171. By Representatives Pelote of the 149th, Orrock of the 56th, Campbell of the 42nd and others:

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A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs, so as to provide that the Department of Education shall establish a course of rape pre vention and personal safety; to encourage the Board of Regents of the Univer sity System of Georgia to adopt a similar course.
HB 566. By Representative Cummings of the 27th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Geor gia Annotated, relating to the state employees' health insurance plan, so as to provide for inclusion in such plan state employees retired under a public re tirement system.
HB 670. By Representatives Harbin of the 113th, Golick of the 30th, Channell of the lllth and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to general provisions governing insurance generally, so as to provide for required information to be provided on certain health policy insurance cards.
HB 686. By Representatives Rice of the 79th, Squires of the 78th, Ashe of the 46th and others:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the "Quality Ba sic Education Act," so as to provide for a midterm adjustment in the amount of funds appropriated and allocated for the program for limited-English-proficient students.
HB 788. By Representatives Rice of the 79th, Holland of the 157th, Randall of the 127th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to required life insur ance policy provisions; to change certain provisions relating to standard provi sions for annuity contracts.
HB 642. By Representatives Randall of the 127th, Dean of the 48th and Holmes of the 53rd:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Anno tated, relating to protective orders and consent agreements, so as to provide that in situations where a protective restraining order is issued in connection with family violence, subsequent contact initiated by the person granted the order shall not constitute contempt on the part of the person against whom the order was issued.
HB 523. By Representatives Barnard of the 154th and Buck of the 135th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to provide for compre hensive revision of the method and manner of calculating and determining the assessment ratio of assessed value to fair market value.
HB 507. By Representatives Snow of the 2nd, West of the 101st, Holland of the 157th and others:

WEDNESDAY, MARCH 10, 1999

945

A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Geor gia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission, so as to provide for a legislative finding and in tent; to direct the commission to adopt rules and regulations for determining whether basic local exchange calling areas should be expanded, contracted, or otherwise reconfigured.
HB 573. By Representatives Martin of the 47th, Royal of the 164th and McKinney of the 51st:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to exclude certain costs from the definition of oper ating costs for certain purposes; to provide that the interest income from cer tain reserves may be used to pay operating costs.
HB 576. By Representatives Porter of the 143rd, McBee of the 88th and Mobley of the 69th:
A bill to amend Article 1 of Chapter 5 of Title 20 of the Official Code of Geor gia Annotated, relating to state public library activities, so as to authorize funding of cooperative library projects between the Department of Technical and Adult Education and the Department of Archives and History.
HB 649. By Representative Connell of the 115th:
A bill to amend Code Section 16-13-32.5 of the Official Code of Georgia Anno tated, relating to manufacturing, distributing, dispensing, or possessing a con trolled substance, marijuana, or a counterfeit substance within 1,000 feet of a park or housing project, so as to provide a penalty for the violation of one of two prohibited activities.
HB 696. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Code Section 50-7-3 of the Official Code of Georgia Annotated, relating to the creation of the Board of Industry, Trade, and Tourism and the composition of such board, so as to reconstitute such board and to add four ad ditional board members.
HB 677. By Representatives Holland of the 157th, Byrd of the 170th, Holmes of the 53rd and others:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Geor gia Annotated, relating to the State Merit System of Personnel Administration generally, so as to change the grievance system for classified employees.
HB 732. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions regarding torts, so as to establish a stan dard of care for certain entities which administer benefits or review or adjust claims under a managed care plan and provide for recovery for violations of that standard.
HB 374. By Representatives Orrock of the 56th, Williams of the 114th, Trense of the 44th and others:

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A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to insurance generally, so as to provide for legislative findings; to require health insurers to provide coverage for any prescription drug or device approved for use as a contraceptive.
HB 822. By Representatives Skipper of the 137th and Hudson of the 156th:
A bill to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Geor gia Annotated, the "Natural Gas Competition and Deregulation Act," so as to authorize the Public Service Commission to initiate a proceeding for determin ing that adequate market conditions exist within a delivery group; to provide for the criteria to be used in making determination and conforming changes relating to stays of the process of customer assignment.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 257. By Senators Hooks of the 14th, Starr of the 44th, Walker of the 22nd and others:
A resolution relative to adjournment.
The House has agreed to the Senate substitute to the following bill of the House:
HB 190. By Representative Tolbert of the 25th:
A bill to amend an Act entitled "An Act to create a board of county commis sioners for the County of Jackson," so as to provide that the board of commis sioners of Jackson County shall be composed of a chairperson and four commissioners.
The following bills were introduced, read the first time and referred to committees:
SB 273. By Senator Burton of the 5th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Geor gia Annotated, relating to serious traffic offenses, so as to change provisions relating to seizure and forfeiture of a motor vehicle operated by a habitual vio lator; to provide for seizure and forfeiture of a motor vehicle operated by a person having an alcohol concentration of .10 grams or more if a minor was an occupant of the vehicle at the time of such operation.
Referred to Committee on Judiciary.
SB 274. By Senator Brown of the 26th:
A bill to amend Code Section 20-2-940 of the Official Code of Georgia Anno tated, relating to the grounds and procedure for terminating or suspending contract of employment, so as to provide that this Code section shall be appli cable to any certificated or classified employees.
Referred to Committee on Judiciary.
The following bills were read the first time and referred to committees:
HB 171. By Representatives Pelote of the 149th, Orrock of the 56th, Campbell of the 42nd and others:

WEDNESDAY, MARCH 10, 1999

947

A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs, so as to provide that the Department of Education shall establish a course of rape pre vention and personal safety; to encourage the Board of Regents of the Univer sity System of Georgia to adopt a similar course.
Referred to Committee on Higher Education.
HB 374. By Representatives Orrock of the 56th, Williams of the 114th, Trense of the 44th and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to insurance generally, so as to provide for legislative findings; to require health insurers to provide coverage for any prescription drug or device approved for use as a contraceptive.
Referred to Committee on Insurance and Labor.
HB 507. By Representatives Snow of the 2nd, West of the 101st, Holland of the 157th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Geor gia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission, so as to provide for a legislative finding and in tent; to direct the commission to adopt rules and regulations for determining whether basic local exchange calling areas should be expanded, contracted, or otherwise reconfigured.
Referred to Committee on Finance and Public Utilities.
HB 518. By Representative Royal of the 164th:
A bill to amend Code Section 48-2-44 of the Official Code of Georgia Anno tated, relating to penalty and interest on failure to file a return or pay reve nue held in trust for the state and penalty and interest on failure to pay ad valorem tax, so as to change certain provisions for the disposition of certain interest.
Referred to Committee on Finance and Public Utilities.
HB 523. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to provide for compre hensive revision of the method and manner of calculating and determining the assessment ratio of assessed value to fair market value.
Referred to Committee on Finance and Public Utilities.
HB 548. By Representatives Greene of the 158th, Ponder of the 160th, Hanner of the 159th and others:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to probate courts, so as to change provisions relating to com pensation for service as magistrate or chief magistrate for probate judges.
Referred to Committee on Judiciary.
HB 566. By Representative Cummings of the 27th:

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A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Geor gia Annotated, relating to the state employees' health insurance plan, so as to provide for inclusion in such plan state employees retired under a public re tirement system.
Referred to Committee on Retirement.
HB 573. By Representatives Martin of the 47th, Royal of the 164th and McKinney of the 51st:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to exclude certain costs from the definition of oper ating costs for certain purposes; to provide that the interest income from cer tain reserves may be used to pay operating costs.
Referred to Committee on State and Local Governmental Operations (General).
HB 576. By Representatives Porter of the 143rd, McBee of the 88th and Mobley of the 69th:
A bill to amend Article 1 of Chapter 5 of Title 20 of the Official Code of Geor gia Annotated, relating to state public library activities, so as to authorize funding of cooperative library projects between the Department of Technical and Adult Education and the Department of Archives and History.
Referred to Committee on Higher Education.
HB 627. By Representatives Greene of the 158th, Stanley-Turner of the 50th, Ray of the 128th and others:
A bill to amend Code Section 48-5-183 of the Official Code of Georgia Anno tated, relating to minimum salaries of tax collectors and tax commissioners, so as to provide for additional increases in compensation.
Referred to Committee on Finance and Public Utilities.
HB 631. By Representatives Sauder of the 29th, Channell of the lllth, Powell of the 23rd and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Geor gia Annotated, relating to medical assistance, so as to provide for the payment of inpatient hospital claims.
Referred to Committee on Insurance and Labor.
HB 636. By Representative Lucas of the 124th:
A bill to amend Chapter 56 of Title 33 of the Official Code of Georgia Anno tated, relating to risk-based capital levels for insurers, so as to allow the Com missioner to exempt certain insurers from the burdens of the chapter; to clar ify the issue of extraterritorial jurisdiction.
Referred to Committee on Insurance and Labor.
HB 642. By Representatives Randall of the 127th, Dean of the 48th and Holmes of the 53rd:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Anno tated, relating to protective orders and consent agreements, so as to provide that in situations where a protective restraining order is issued in connection

WEDNESDAY, MARCH 10, 1999

949

with family violence, subsequent contact initiated by the person granted the order shall not constitute contempt on the part of the person against whom the order was issued.
Referred to Committee on Judiciary.
HB 649. By Representative Connell of the 115th:
A bill to amend Code Section 16-13-32.5 of the Official Code of Georgia Anno tated, relating to manufacturing, distributing, dispensing, or possessing a con trolled substance, marijuana, or a counterfeit substance within 1,000 feet of a park or housing project, so as to provide a penalty for the violation of one of two prohibited activities.
Referred to Committee on Judiciary.
HB 670. By Representatives Harbin of the 113th, Golick of the 30th, Channell of the lllth and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to general provisions governing insurance generally, so as to provide for required information to be provided on certain health policy insurance cards.
Referred to Committee on Insurance and Labor.
HB 677. By Representatives Holland of the 157th, Byrd of the 170th, Holmes of the 53rd and others:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Geor gia Annotated, relating to the State Merit System of Personnel Administration generally, so as to change the grievance system for classified employees.
Referred to Committee on Insurance and Labor.
HB 686. By Representatives Rice of the 79th, Squires of the 78th, Ashe of the 46th and others:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the "Quality Ba sic Education Act," so as to provide for a midterm adjustment in the amount of funds appropriated and allocated for the program for limited-English-proficient students.
Referred to Committee on Education.
HB 696. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Code Section 50-7-3 of the Official Code of Georgia Annotated, relating to the creation of the Board of Industry, Trade, and Tourism and the composition of such board, so as to reconstitute such board and to add four ad ditional board members.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 732. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and others:

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A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions regarding torts, so as to establish a stan dard of care for certain entities which administer benefits or review or adjust claims under a managed care plan and provide for recovery for violations of that standard.
Referred to Committee on Judiciary.
HB 788. By Representatives Rice of the 79th, Holland of the 157th, Randall of the 127th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to required life insur ance policy provisions; to change certain provisions relating to standard provi sions for annuity contracts.
Referred to Committee on Insurance and Labor.
HB 795. By Representatives Maddox of the 72nd, Mobley of the 69th, Ragas of the 64th and others:
A bill to amend an Act entitled "An Act to fix, prescribe and establish compen sation and/or salaries of the elective county officials of and in the County of DeKalb", so as to provide for the method of employing deputies, clerks, and as sistants required by such officers.
Referred to Committee on State and Local Governmental Operations.
HB 822. By Representative Skipper of the 137th:
A bill to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Geor gia Annotated, the "Natural Gas Competition and Deregulation Act," so as to authorize the Public Service Commission to initiate a proceeding for determin ing that adequate market conditions exist within a delivery group; to provide for the criteria to be used in making determination and conforming changes relating to stays of the process of customer assignment.
Senator Dean of the 31st gave notice that at the proper time he would move that HB 822 be engrossed.
HB 831. By Representatives Buck of the 135th, Davis of the 132nd and Taylor of the 134th:
A bill to amend an Act creating the Muscogee County School District, so as to change the provisions relating to the compensation and expense reimburse ment of the members of the board of education.
Referred to Committee on State and Local Governmental Operations.
HB 847. By Representatives Cummings of the 27th, Shanahan of the 10th, Irvin of the 45th and others:
A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Geor gia Annotated, relating to general provisions relative to bonds, so as to provide requirements for pension obligation bonds.
Referred to Committee on Banking and Financial Institutions.
HB 861. By Representative Poag of the 6th:

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951

A bill to amend an Act creating the office of commissioner of Murray County, which converted the government to a board of commissioners, so as to provide for the powers of the county manager; to provide for a sole commissioner form of government for Murray County contingent on the passage of a referendum.
Referred to Committee on State and Local Governmental Operations.
HB 866. By Representatives Shipp of the 38th, Golick of the 30th, Sauder of the 29th and others:
A bill to amend an Act changing the boundaries of the seven education dis tricts of the Cobb County School District, so as to change the boundaries of the seven education districts for the election of members of the Board of Edu cation of Cobb County.
Referred to Committee on State and Local Governmental Operations.
HB 876. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Tybee Island ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preced ing the taxable year in which that exemption is first granted to a resident of that city.
Referred to Committee on State and Local Governmental Operations.
HB 883. By Representative Greene of the 158th:
A bill to amend an Act providing a new charter for the City of Fort Gaines, so as to delete the provisions relating to elections by majority; to provide for elec tions by plurality.
Referred to Committee on State and Local Governmental Operations.
HB 884. By Representative Sims of the 167th:
A bill to amend an Act reconstituting the Board of Education of Atkinson County, so as to change the compensation of the members of the board of education.
Referred to Committee on State and Local Governmental Operations.
HB 885. By Representatives Hammontree of the 4th and Mann of the 5th:
A bill to amend an Act entitled "An Act creating the board of commissioners of Whitfield County," so as to authorize the board of commissioners to provide for a change in the compensation of the chairperson and members of such board.
Referred to Committee on State and Local Governmental Operations.
HB 889. By Representative Crawford of the 129th:
A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Upson County, so as to provide for matters under the exclusive jurisdiction and control of the board of commissioners; to provide for the ap pointment of a county manager and county clerk.
Referred to Committee on State and Local Governmental Operations.
HB 895. By Representative Hudson of the 156th:

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A bill to amend an Act creating the Fitzgerald and Ben Hill County Develop ment Authority, so as to change the provisions relating to the secretary of the Authority; to provide for the creation of the office of Executive Secretary of the Authority.
Referred to Committee on State and Local Governmental Operations.

HB 896. By Representative Hudson of the 156th: A bill to create and establish the Fitzgerald-Ben Hill County Charter Commission.
Referred to Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary:

Mr. President: The Committee on Defense, Science and Technology has had under consideration the following bill of the House and has instructed me to report the same back to the Sen ate with the following recommendation:
HB 235. Do pass. Respectfully submitted, Senator Polak of the 42nd District, Chairman

Mr. President:

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

HB 522. Do pass. HB 558. Do pass.

HB 610. Do pass by substitute. HR 204. Do pass.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Insurance and Labor 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 93. Do pass by substitute. HB 513. Do pass as amended.

HB 487. Do pass.

Respectfully submitted,

Senator Madden of the 47th District, Chairman

Mr. President:

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

HB 616. Do pass by substitute.

HB 617. Do pass.

Respectfully submitted,

Senator Huggins of the 53rd District, Chairman

Mr. President:

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953

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

HB 140. Do pass by substitute. HB 238. Do pass. HB 266. Do pass. HB 217. Do pass as amended. HB 87. Do pass. HR 121. Do pass by substitute. HB 810. Do pass. HB 824. Do pass.

HB 825. Do pass. HB 827. Do pass. HB 828. Do pass. HB 834. Do pass. HB 836. Do pass. HB 842. Do pass. HB 843. Do pass. HB 838. Do pass.

Respectfully submitted,

Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

SB 224 HB 39 HR 268

SB 247 HB 53

SR 186 HB 110

SR 194 HB 155

SR 206 HB 552

Senator Gillis of the 20th assumed the Chair.

SR 207 HR 207

Senator Gillis of the 20th called for the morning roll call, and the following Senators an swered to their names:

Blitch Broun, 46th Brown, 26th Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gingrey Golden Guhl Harbison

Hill Hooks Huggins Jackson James Johnson,D Johnson.E Ladd Lamutt Land Lee Madden Marable Meyer von Bremen Perdue

Polak Price.R Price,T Ray Roberts Scott Smith Starr Stephens Streat Tanksley Tate Thomas.D Thompson Walker

Those not answering were:

Balfour Bowen Brush Gillis (PRS)

Hecht Kemp Ragan

Stokes Thomas,N Williams

The following communication was received by the Secretary: I was present but failed to vote on 3/10/99.
/s/ Tommie Williams

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6th District

Senator Gillis of the 20th led the Senators in the Pledge of Allegiance to the Flag of the United States of America.

Senator James of the 35th introduced the chaplain of the day, Reverend Kenneth L. Samuels, pastor of Victory Baptist Church, Stone Mountain, Georgia, who offered scrip ture reading and prayer.

The following resolutions were read and adopted:

SR 258. By Senator Brown of the 26th:
A resolution recognizing the Georgia Association of Drug Court Professionals and National Drug Court Week, June 1-7, 1999.

SR 259. By Senators Gingrey of the 37th, Tanksley of the 32nd, Lamutt of the 21st and others:
A resolution recognizing and commending the Marietta High School Boys Bas ketball Team.

SR 260. By Senators Johnson of the 1st and Johnson of the 2nd: A resolution commending the Southside Savannah Raiders baseball team.

SR 261. By Senators Johnson of the 2nd and Johnson of the 1st:
A resolution recognizing and commending the SkyeLite Jazz Band of Savan nah Arts Academy.
The President resumed the Chair.

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 10, 1999 THIRTY-THIRD LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the leg islation.)

HB 810

Guhl, 45th CITY OF MONROE AND WALTON COUNTY

A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to define the terms gross revenue as used in the provisions relating to franchises.

HB 824 Gillis, 20th TOWN OF PULASKI

A bill to provide a new charter for the Town of Pulaski.

HB 825 Roberts, 30th CARROLL COUNTY

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955

HB 827 HB 828 HB 834 HB 836 HB 842
HB 843

A bill to amend an Act providing for the nomination and election of the chief magistrate of Carroll County, so as to provide for the election of the chief magistrate of the Magistrate Court of Carroll County and the judge of the state court in a nonpartisan primary and election.
Thomas, 54th MURRAY COUNTY
A bill to amend an Act relating to the Magistrate Court of Murray County, so as to provide for cost-of-living and longevity increases in the salary of the chief magistrate.
Thomas, 54th MURRAY COUNTY
A bill to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County on an annual salary, so as to provide for cost-of-living and longevity in creases in the salary of the clerk of the superior court and the tax commissioner.
Roberts, 30th CITY OF VILLA RICA
A bill providing a new charter for the City of Villa Rica, so as to in crease the penalties the municipal court is authorized to impose.
Lee, 29th CITY OF LUTHERSVILLE
A bill to provide a new charter for the City of Luthersville.
Lamutt, 21st Tanksley, 32nd Thompson, 33rd Gingrey, 37th Tate, 38th COBB COUNTY
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the clerk of the probate court.
Lamutt, 21st Tanksley, 32nd Thompson, 33rd Gingrey, 37th Tate, 38th COBB COUNTY

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A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the provisions relating to the compensation of the commissioners and the chairperson. PURSUANT TO ARTICLE VII, SECTION II, PARAGRAPH IV OF THE CONSTITUTION, THE FOLLOWING LOCAL BILL RELATING TO HOMESTEAD EXEMPTIONS REQUIRES A TWO-THIRDS ROLLCALL VOTE FOR PASSAGE:

HB 838

Hecht, 34th Starr, 44th CITY OF RIVERDALE

A bill to amend an Act providing a homestead exemption from all City of Riverdale ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, for the full value of the homestead for residents of the City of Riverdale who are 65 years of age or over and whose income does not exceed $6,000.00, so as to raise such income ceiling to $12,000.00.

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:

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Y Golden Y Guhl

Y Harbison Hecht Hill
Y Hooks Y Huggins Y Jackson
James Y Johnson,D Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thompson Y Walker Y Williams

On the passage of the local bills, the yeas were 49, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. Senator Dean of the 31st moved that the following bill be engrossed:

HB 822. By Representative Skipper of the 137th:

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957

A bill to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Geor gia Annotated, the "Natural Gas Competition and Deregulation Act," so as to authorize the Public Service Commission to initiate a proceeding for determin ing that adequate market conditions exist within a delivery group; to provide for the criteria to be used in making determination and conforming changes relating to stays of the process of customer assignment.
On the motion, the yeas were 35, nays 4, and HB 822 was engrossed.
The President referred HB 822 to the Senate Finance and Public Utilities Committee.

SENATE RULES CALENDAR
Wednesday, March 10, 1999 THIRTY-THIRD LEGISLATIVE DAY

SB 126

Crimes Against Children-eliminate two-year limit, supervised probation (Corr-18th)

SB 35 Education-school disciplinary tribunals (Substitute)(Ed-49th)

SB 256 Vehicles and Loads-width provisions (Substitute)(Trans-19th)

SB 253

License Plates Celebrating Year 2000-benefiting those with emotional problems (Amendment)(Pub Saf-55th)

SR 241 Bank Secrecy Act-urge Congress curb proposed legislation (B&FI-9th)

SR 193

Senate Welfare to Work Transition Study Committee-create (H&HS2nd)

SB 101

QBE-social workers for grades 2-5 receiving remedial education ser vices (Amendment)(Ed-47th)

SB 164

"Heidi's Law"-relating to DUI and homicide by vehicle (SubstituteXPub Saf-48th)

SB 262 District Attorney Emeritus-create honorary office (Judy-3rd)

SB 180

Drug Related Nuisances-action to abate, enjoin (Substitute) (Judy39th)

SB 132

Student Discipline-annual filing of reports by local boards of education (Substitute)(Ed-39th)

(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 8, 1999.)

SB 259

Court Reporters-disqualificaion, reporting depositions for interest (SubstituteXS Judy-34th)

SB 235 Elections-early voting (SLGO-G-4th)

SR 211

Senate Study Committee on Coastal Surface Water and Technical Advi sory Committee-create (SubstituteXNat R-3rd)

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SB 146

Board of Court Reporting of the Judicial Council-composition (Judy48th)

SR 243 Federal Crop Insurance Program-urge Congress revise (Ag-llth)

SB 251 Agricultural Facilities Authority-create (Substitute)(Ag-l 1th)

SB 182

Teaching Certificate Grades K-3-courses in teaching reading (Amendment)(H Ed-24th)

SR 75

Certificate of Need for Long-Term Care Facilities Study Committee cre ate (Rules-46th)

SB 77

Automobile Insurers-no designation of repair facility for estimate (I&L-23rd)

SR 100

State Departments, Agencies-encourage communication with state labor organizations (SLGO-G-lOth)

SB 115

Prisoner Filing Writ of Habeas Corpus-fees paid from inmate's account (Judy-llth)

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

SB 126. By Senators Perdue of the 18th, Thomas of the 10th and Hecht of the 34th:

A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Geor gia Annotated, relating to the state-wide probation system, and Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, so as to eliminate the two-year limit on supervised probation for probationers who have commit ted crimes against children.

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:

Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th
Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan

Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison
Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,D Y Johnson.E

Kemp Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray

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959

Y Roberts Y Scott Y Smith Y Starr Y Stephens

Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D

Y Thomas,N Thompson
Y Walker Y Williams

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: I missed the first vote on SB 126 of which I am a co-sponsor, to attend to another piece of proposed legislation. I vote yes on SB 126. (Please mark me in for roll call also.)

The Calendar was resumed.

Isl Greg Hecht 34th District

SB 35. By Senators Cagle of the 49th, Johnson of the 1st, Price of the 56th and others:
A bill to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to provide that local boards of education may establish disci plinary tribunals which include residents of the school district; to provide for the membership of residents of the school district on certain disciplinary tribu nals which are required by law.
The Senate Education Committee offered the following substitute to SB 35:
A BILL
To be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribu nals, so as to provide that local boards of education may establish disciplinary tribunals which include persons who are not school officials; to provide for the membership of per sons who are not school officials on certain disciplinary tribunals which are required by law; to provide for the training and orientation of persons appointed to disciplinary tribunals; to provide for related matters; to provide for an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, is amended by striking in its entirety Code Section 20-2-752, relating to the establishment of disciplinary hearing of ficers, panels, or tribunals, and inserting in lieu thereof a new Code Section 20-2-752 to read as follows:
"20-2-752.

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JOUENAL OF THE SENATE

Local boards of education may establish by policy, rule, or regulation disciplinary hearing officers, panels, or tribunals uf scliuul uffiiialb to impose suspension or expul sion. Such tribunals shall be composed of school officials and may also include persons who are not school officials. If such hearing officers, panels, or tribunals are estab lished, such rules and regulations must include the following:
(1) Provisions governing the manner of selecting the hearing officers or members of the panels or tribunals and the number of members thereof;
(2) Provisions governing procedures to be followed by such hearing officers, panels, or tribunals in fact-finding, hearings, and reporting recommendations to the local board;
(3) Provisions granting a right to appeal to the local board when the punishment imposed by hearing officers, panels, or tribunals is long-term suspension or expul sion; and
(4) Provisions whereby the local school superintendent may suspend enforcement of the suspension or expulsion ordered by the hearing officers, panels, or tribunals pending the outcome of any appeal to the local board:; and
(5) Provisions governing the training and orientation of school officials and persons who are not school officials who serve on disciplinary tribunals. The Department of Education shall develop and make available a model program for such training and orientation."
SECTION 2.
Said subpart is further amended in Code Section 20-2-753, relating to offenses for which a local board of education must appoint a disciplinary hearing officer, panel, or tribunal, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In addition to any proceedings which are authorized in Code Section 20-2-752, lo cal boards of education shall appoint a disciplinary hearing officer, panel, or tribunal uf scliuul officials to hold a disciplinary hearing following any instance of:
(1) An alleged assault or battery by a student upon any teacher, other school offi cial, or employee;
(2) An alleged assault or battery by a student upon another student, if, in the dis cretion of the school principal, the alleged assault or battery could justify the expul sion or long-term suspension of the student; or
(3) Substantial damage alleged to be intentionally caused by a student on school premises to personal property belonging to a teacher, other school official, employee, or student, if, in the discretion of the school principal, the alleged damage could jus tify the expulsion or long-term suspension of the student.
A tribunal appointed pursuant to this Code section shall be composed of school offi cials and may also include persons who are not school officials."
SECTION 3.
Said subpart is further amended in Code Section 20-2-754, relating to procedures to be followed by disciplinary officers, panels, or tribunals, by striking in its entirety subsec tion (b) and inserting in lieu thereof a new subsection (b) to read as follows:

WEDNESDAY, MARCH 10, 1999

961

"(b) A disciplinary officer, panel, or tribunal uf sdiuul officials appointed as required by Code Section 20-2-753 shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 202-752, ensure that:
(1) All parties are afforded an opportunity for a hearing after reasonable notice served personally or by mail. This notice shall be given to all parties and to the parent or guardian of the student or students involved and shall include a state ment of the time, place, and nature of the hearing; a short and plain statement of the matters asserted; and a statement as to the right of all parties to present evi dence and to be represented by legal counsel;
(2) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues unresolved; and
(3) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties."
SECTION 4.
Said subpart is further amended by striking in its entirety Code Section 20-2-755, relat ing to the authority of a disciplinary officer, panel, or tribunal to determine disciplinary action, and inserting in lieu thereof a new Code Section 20-2-755 to read as follows:
"20-2-755.
The disciplinary officer, panel, or tribunal uf school officials, when appointed as re quired in Code Section 20-2-753, shall determine what, if any, disciplinary action shall be taken. Such action may include, but is not limited to, expulsion, long-term suspen sion, or short-term suspension. Any action taken by such officer, panel, or tribunal shall be subject to modification by the local school board on appeal."
SECTION 5.
Said subpart is further amended by striking in its entirety Code Section 20-2-756, relat ing to reports to law enforcement officials, and inserting in lieu thereof a new Code Sec tion 20-2-756 to read as follows:
"20-2-756.
(a) The school administration, disciplinary hearing officer, panel, tribunal uf scliuul of ficials, or the local board of education may, when any alleged criminal action by a stu dent occurs, report the incident to the appropriate law enforcement agency or officer for investigation to determine if criminal charges or delinquent proceedings should be initiated.
(b) No individual reporting any incident under this subpart to a law enforcement agency or officer shall be subject to any action for malicious prosecution, malicious abuse of process, or malicious use of process."
SECTION 6.
This Act shall become effective on July 1, 1999.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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JOURNAL OF THE SENATE

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson.D Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr
Stephens Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

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

SB 256. By Senators Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Geor gia Annotated, relating to dimensions and weight of vehicles and loads, so as to change certain provisions relating to width of vehicles and loads; to change certain provisions relating to permits for excess weight and dimension; to pro vide an effective date.
The Senate Transportation Committee offered the following substitute to SB 256:
A BILL
To be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to change certain provisions relating to width of vehicles and loads; to change certain pro visions relating to length of vehicles and loads; to change certain provisions relating to permits for excess weight and dimension; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, is amended by striking Code Section 32-623, relating to width of vehicles and loads, and inserting in lieu thereof the following:
"32-6-23.
Unless otherwise provided in this Code section or exempted in Code Section 32-6-25 or so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle shall exceed a total outside width, including any load thereon, of 90 indies, uul including

WEDNESDAY, MARCH 10, 1999

963

liin'i'ui'b tiilu. eiCCtiBotji'icS ciLL&CimU LlicictLO. 13 uSco WillCli U.O liOL t;ACt;cu. tin Wlutll ui J_U^5
inches, exclusive of mirrors and accessories attached thereto, may be when operated on any street, road, or highway. Vehicles, excluding buses, with a total uutside width,
li.id Livllii^ auky lO&u Llici'cOlij Ll'lciL uO 11OL tiA^ccu. -LUJ^ HiClltiD) cXdLlisivc OI Hill'1'018 &iiu SiC~ CtiSSOi'itiS &tts&C116u Llici'cLO, Sil&lJT uc ill10W6u wj ujjt;i ctt .
VT) UpOll &11 lUiiy liiiiitcu ciCCti>b iiigfliWiayfl u6S^iit;u tu I^Jdtiullm t)jr6tcili ui liiLciotciLc cuivl JJclciiiSc J.J.i^li wct^y ti
\i) \J pGu ctiJ-,y aiiuJ.Li\jiliil 1 03.u } SLl titiLj OT IllHWfl.y AVild'c Ulc WiuLli OI tiife liinc uii wliidi Llic Vclildc iti O^iciciLiii^ IS iiL ItiiioL i.^u Ictl. lil^ JUlTlSulCtlOH jvcl Llitb I'uciu., oti'ccL, ul7 lll^llWay, alLci. l^V16Willg S&lety
^cil'^u b^T Lliii ^OVtil'liHi^ tiLiLliOi'iL^ cillu COlXullClm^ BL jJiiUliC licicii'iii^, ll<^. LllciL LllC O^tiltiLiun ui Suiili vdliulcs un tlic I'uctilj sLi't;tiL, OiT lii^liWiiy IS HOI- Hi tlit pU.u~
11C lliwil tiSlj ciiiu
\_o^ U^juii iiiy <iu.CLlCiulicil iTG&u, SLiticLj Of lil^li w eiy un Lllc U La Lc X li^li Vv eljr kj^St^iH i LiilcliL Q.Gtfti liiiiicS IS <a.^Jjji u^Jt i<i wi CO ^)l"OVlu
iciilf& iii uuui^licuiCc WiLli ir UUliC J_jeLW VY~oUt7 ciJilu uu wiiiCll di ^/u^Lcvl eipJJti'Opl iciUc Si^iiS S^itiCll^iii^ Lli^iL USti \Jy tiLiCli VcliidciS IS iiLiLliui'i^cu..
SECTION 2.
Said article is further amended by striking Code Section 32-6-24, relating to length of vehicles and loads, and inserting in lieu thereof the following:
"32-6-24.
As used in this article, the term:
'Bimodal semitrailer' shall be defined as a detachable load-carrying unit de signed to be attached to a coupling on the rear of a truck tractor by which it is partly supported during movement over the highway and designed either with re tractable flanged wheels or to attach to a detachable flanged wheel assembly for movement on the rails.
'Combination of vehicles' means a semitrailer pulled by a truck tractor or a semitrailer and trailer pulled by a truck tractor operating in a truck tractor-semi trailer-trailer combination.
(3X6) 'Semitrailer1 shall be defined as a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported. (4)tB) Trailer' shall be defined as a detachable load-carrying unit designed to be at tached to a coupling at the rear of a semitrailer and capable of support in operation without the truck tractor.
(5XE) "Truck tractor' shall be defined as the noncargo-carrying power unit that oper ates in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehi cles on part of the power unit. (bX2) Unless exempted in Code Section 32-6-25 in subseclkm (b) uf Ihis Code hecliuii or so authorized by a permit issued pursuant to Code Section 32-6-28, the following length limits shall apply:
(1) Trailer and semitrailer lengths: (A) Truck tractor-semitrailer-trailer combinations shall have trailers and semi trailers that do not exceed 28 feet in length;

964

JOURNAL OF THE SENATE

(B) Truck tractor-semitrailer combinations shall have semitrailers that do not ex ceed 53 feet in length. For all semitrailers, the distance between the kingpin of the semitrailer and the axle of the semitrailer shall not exceed 41 feet; no vehicle ui amibiualiuii uf vehicles and luad shall exceed a total length uf GO feet
dilil n\j titilliiLi ciilci Sll&ll e.A.Ceeu *xo Icet 111 icil^Lll ill <i Li U.CK. Li tiv;Lui -ricilllLl ciilei CO111~ L)liiciLnJlI cillu ilG Li'tiCK. Li'ttCiAji -odiLiLl'eillci'-txtiiici1 COililjiiiciLlOlA Sllci.ll Ue ctllu Wcii eA.Cept tile u.ep3.rtlllellt Si i3.ll allOW Si ScHlltTallci leil^tll OI HO iftOrc Llicl.li *lo Icct Wlleli Op61 ~ ateu aS SL Li U.LJV trfl.CtuiL~SeIllltl"&lleT COU1Diliat/10U allu SL Seilliti'il.ilcl Oin LlcHlci' lellgLli ul
tiuii, provided thai, huuh vehicles may exceed 00 feet in length and shall unly upeidle
UpOn all illlly liiiliteu ftCCeSs liij^llW&yS ileoigiicu tu PJciLiLiilcil oj'Stclll ul J.iitei &tute aiiil JJcIeilSGT J.i.l^llW&yS^ StaHCleti'ils ctilu li^)OiT tliy i*O&u> isLiet/t) ui1 lil^ilVv&y OH tile kJtciLc lll^liwii^ oyStelH WIllCil Hit; u.c^j<il LUltlit. QcLt^l HllUeS IS iij^jpi O^i ifltG l/u Jil'OViQe 1"63.SO11tiUic ciOCcSo T^Cfliiz dilciiLs 111 Cuiii^)ll<illCc WiLlI iTJ.ullC LjttW y Y~4j&'l auu OH WlliCli Llic ucpeii LiilciiL lias ^juciLcil <i^)pi u^fi itiLt; si^uri SjpcCilyiU^ Lllcit dSt; ti^ SuCll velilCleS IS 3.U~ TjllOii^iCu., &il(i prOViCl^Uj 1 Hi' LIit;i ; LllciL Lliti uc^eii LillciiL is 3.UtllOi1iZcCl tCT tifefei^iliiLti C^r~ T/3.1H i L/3.ttSj SttccLiS, 01 lll^llVv a.^ S U^)Oii Wliiui VeillClcis lAOl'e Lileiii OU Icct 111 J,t;ii^Lii lll&y upci'atc; wlieii upt3ilatlllg &S ^3Tl.i'uCk. tr&Ctui'-BOllllti'SuiGr COlllblil&tiuii witli a seiliitrflllfir 11O lOH^Jci1 Lliei-li 4o I6fet m it^i'i^Lli ui' fl. tl U.CK. Li'tiv^tOl^~Scillltltiilt;i "Li'all^r Cuiilwl" lieiLiuii ^Wltll fl. ticiiiiLl'cllltJi ixiiu tl'iillt^i cadi 01 W^illCll filial 1 De ilO lun^ci Llicin ilo Icet 111 lengLli. y LlCil i'ud.u.3 , Stt'eetsj Xil" lll^ilW&yfe^Sll&li De 6O uccsi^iiateu Oilly tilLd' Llic u.c~ p<il'Liiit;liL liae COlitilClGl tiu Lliti Op61n 3tlOIi<i1 tuiu. StilcLj' i^licil ciCLci'lSl/lCti OT SllCli VclliCI^S ctiiu. ui tllfe lOau.waj'Sj Oi.Oviu.cCl LllAl Lllti ^d.6Jj<il tUleilL liiay IcSCiilu ciny lOfl.u.waj' ueciigj" iiciLiun II It IS CltiLtii liiiHeu Lj_y Llit ilti^tAi'LiiiciiL LlliiL Lilt; puiuilC SilleLjr ilfl.S uecu (J-iiiiili~ ISlieu 01* Liicit OJ/ci dt1O113.1 Jji O0ifi111S ll&Ve DcGll UlCl'e iitieu. C)y tile ilCLLlfll 0PC1 ct Liun 01 SUCll vciiiCles. omili l*O<luS oliml D6 pOSt6u VviLli ajjjji upiiette SlgllS SpcCiiyillg tlie HiciXiij[iU.iil len^Lli allowed lOi eciCli vclliule COillOiiiiiljiuii. Mile Clc^jfl,rtllicllt nitiy Jie.riilil' tile (jjjtl'ciLiOil ul 3 &cillit1'<il1el" WlliCll eXCeeuS *iij IccL 111 lell^tli wltllOlit lll^liWiiy (Iti Sif^11dt1O11.
I,XA.J 11 tile ttcimti ciilci wdSlliciJ.iU.leiOLlj.icu ^/liOl* tu tiu.1^ 1, -LyoU, emu tile tOtetl leiij^tll Ol tile CO111binatmil Ol VelliuleS IS iju iccL ui. leSS ^ OT
(D) If the lniigth uf the beiniUdilei ib muie lliaii 40 feet but nut more tliau 48 feet and the total length of the combination of vehicleb Joes nut exceed 50 feet, and Hie giuha weight of the vehicle and its luad duns nut eAueed 50,000 pounds.
(o) llleTen^tli liiiirtatiuilS ueSttlueu. Ill lliiri (Juuc SeCtlOilPSllHll be 6XClUSiVc ul salcty 311Ci eiici {^y COllSei V exLiun tteVJ-Uccij S U.C11 ECS l*etf^ ^1eAV illli'i'Oi'is, till*11 Sl^iiiil lciiil|jrij Hlii Itfel IctiiljjS, Steps cliiu. 113.Hu.liOluS lOi ciiLiy cliiu. c^^ecsiSj IleXlule leilCltil' eXtellSlOllS, limullap^ clliu S|jletali ciliu ti^jiay SU.ppl*eSSlilt VleVlCeS^ lutitl lUullCeu Ln c Uiil^e^ lelil^" til'ctLiuii units Oi' tin COlllpl'eSSOi'S } 3.11* ClelleuLiOii ciilu. Otliel QevTCeS, wlliCll tlie u.e^Jcilt~ HlellL iilfl.y ilitel'pl'etr^StS lleCe SSfl.l^T IOT S&le ctilu. elliClOllt upejt'&tiOll Ol COllllllci Cictl illO" tui1 velllCleSj cAte^t LilciL/ HO uti V iCc CA.^;! ilueu Limlci tlllS piil1 ct^i. clpii Ii*Ofii~ T/llc liiliitatiOllS OI till 6 (Juue SeCLiuii Slieill il&ve by TCS uesigll OT USe tllG CfipciulilLy CO
\4) LJiilcSS eXeiiiptcCL 111 \_/Ou6 oeCtlOll ^^"U^ilj Ol" SUDBeCtlOll t"7 Ol tlxlS LyOQe seutlOll Ol' Su au.LriuI'lZeu. O^y 3. trip pcilillt ISSUeu pU.iSu.tniL tO vJuuc kJcCLiun oii""0~j&o ui1 iui Vc~ 1ilCleS Li rtiiSpOlTilllg iiiutOl" VelllCleSj \Vllell tll Vcliiule cinu. lOau Oi1 ^uiilblH&LiOn ul Vc~ luCleo <ilA(l luciil eA.ueeuS OU leet^ HO 1OHQ SllJall cXt^llCt llluie tlld.ll 1OU.1 Icet DeyOHu tlic ledi ul tile VclliClti Ol* SeiiliLi'ctilel Oi Li<biilci' Oil WillCli it iS Cari'leClj jjruvuleu. LlictL tile
eii^Lli ui tile lOau clilu tlliir VelllCi6 Oi* selllltrclll6i' ur tiailer Oil WiiiCll tlie luciu IS

WEDNESDAY, MARCH 10, 1999

965

en lieu Slicill iiul/ cACeed *lo lect. II tile TUiiu IS SO SrtUHtetl tllcVt It GAtciiu.iS ueyOiiu. tlie ceVT Or tile VeliiClCj S6111111 enlelT, Ol" tlflllcT Oil WlllCll It IS C3.rn.ftdj LIitin a tefll" UiUlfei1'lu.e ^jjuai'u Slicili ere jJi*OVlu.tJil. Aile i'ecll1 u.i'nJ.ci'i'iu.t; ^Ucliu. rilicill Uc ul & uuoLeiilLicil COutlll^Liuii Consisting ul ct CuiitmuOU.8 lclteia.1 uecXlll extending Lu Wl LI II 11 lOui indie's ul ile l&tel 3.1 eX11*eUlltlGS OI tilt! vcliiClej Sellli Li ailei1 , OT Li ciilci Oil WlliCli it IS Ccli'lleu Xlitl lOCcltetl liOt HI Ore Lliciii ti iriulleS li'Gui tile Sui'lelCc as iiieclSU.i'eCl \vitll tlie velUClc, i'fl.il6t", Or Scillltf 3.llt;i , cilljjty &11Q Oii el levtii SU1T3C67
iX -L/ AS UWcil ill LlllS SLIU&ctLiuii, tllfe
\i)\A.) IjOiitlS Ol pOlcSj lu^Sj plllll^S, ImiiUtJi', riLl'U.CLu.1 cil riLctlj LimUci' BLi*(J.CtU.l'al jtiitilllutil b, ^jlplii^, ctnu PI c&Li cSStiu 3.11Cr ^jicCiiSL CullCl'cLcr illfly cXCcitii tll^ Iciigtll ul OU Icct WiLliOlltj l1^C[U11 111^ 21 permit Wil^il tllcy k.rtr Si-ll^J,ti Icll^tll ^jlcCcS eiilul Tiu pIGC6S ^ii'e luilutiu- cnu. UD cliu.. ft is 111^ it; ti'ip Pel'111 li> slitill DC i c v^ LLii cu. II tllG tOXii
length of Hucli vehicle and luaJ uxi-eedb 70 feet.
(,13^ -LrtJcuJ-S Ol unpi'uCtiSStiu. luicSL pl*Ou.UCtc> } iiiClUClHi^ tJtlt llOt lllllltcu. tO pOl^S, 1OS} pililies } tiiiu. lu-iiiuci', Wlletllci" tlley fl.z'c Silicic plcCcS ui1 pifeCeS lu&dcu. eiiu tO tillQ ui1 tj vci Icipplli^, ni&y L)t; ct liicLAJ.iiiu.ill LuLeil ItJii^Lli Ol OU iect Wltll ei IiiciA.iiiiu.iii Icii^Lll ul "1 J. I^^t OcL wccil tllti it1H^ uin 3.11Q Lllti C^lltci ut tllfe t'ceii LciJ.iu.tiill SXltiS ui Llic 1 ^tii1 ^x.l(j ill tilt; CciHtJ Ol ci Siil^le cLA.lt;, Hie Imi^tll Ol Llic tz UUA. ti'&CtOl1 tl cmo uui' Lin^ Sduli luau. rilicill nut diicCL Ol ut; i;cilCul<iLt;tl In Llic liiciXliiiUm LuLeil lO&u ItJii^Lli. Xllc iccii extlciiiity OT efclCil lOc\u. Slliill D6 liicH'JvtJU- witli WcU'liiii^ llci^ti WlllCll llieet tile 1*^~ L^ lil 1' ci 1 1 ci i LB SGt 101*tll ul C/UU.C ocutiuil 4U~O"^ij . AuuiLiuiicilly, luciufe! moved Ht m^lit
must oe cmiipptju. witli 3 Fed mtii'K.ci ii^iit at Llic rcfl.i" cA.ti'cnilty oi sucli lucul ds provided in oocle octtiuti 4U~o"jiV ui1 witli 3.11 3.iiiDt;i sti*oDe li^jlit.
VO/vAJ liJA.i;i3pt 3S uiuviilcu. Ill S U. upcii cigi a^jli ^13^ Ol tlllS p3.1*ct^i d^jli( V^lllCleS ti ans~ pOl'tlll^ IHotOi' VeillCleS^Cu illlll O illy K_i iirW 11 cXS ctULuimjljilc CcU'l'ltil'S^ tilicill llOt CA.CCCU.
05 feut in leiiglli and shall iiut caii1^ a luad uxceediug 00 feel in length, provided,
liuweVfel'j 311 ei utOjllu ullt; Cai'i'iei1 Wltll 3 sLiii^ci1 Stccl'SQ liliiL Sllctll Uc cXllOW^SQ t ui cLA.il 11 Lilil Icii^Lli Ol V L lct;L cACiLiSlVti ul uvci liclii^, Jrlu wcVci ( SUuScutiuii C*i/ ^jl Lino LJOQc ScCLnjn, w lliCll pi 0 vT.CieS Ul&t 11O Ll'cllld1 Slictll ^XC&cu 4o IticL 111 Iciigtli, Sllall
not ti^jply tu <iu.tuiiiOuiic ccitrieTS.
\1JXA/ As UBCU. ul tlllS ouLjpcii'd.^i'iipli, Llic t^t'lll Cltioi^iiciLcu. lll^H^va^S illticillS c\n_y lll^xl WcVy o WlllCll cli'e u.ti S 1^ 1 1 d Lc *J. IOl" USc uy OVerfeiicu VelllCieS u ui o u ciil L tO til 6 lt;u.t;i cil k3 U-1'lciCc J. x'ciilo^ul*tSLLiun ASSiS LclliCti ACL OI J.C/QJU \t liullC lj<aw yY~*xj&47j TS 3.1116iiu.cuj 3.11Cl uuiliiiluiil^ ^elei icu tO EtS Llic i'l ctLiuncil PN cXWOl \\. cniil tile o'LciLc Clctil^llciLcu. 1'OU.LcS prOVlu.111^ rc3.SOnfl.ule iiCCcSti tO SUCli lli^llW&yfe ctS pl'OVltlcu lux HI tile teuei'cil oU.rr3.Ce 1 VciilSpOi tcitiun ASrilSLcillCc Act Oi 1.90^, 3S iili icliilti Cl , clllu leuel ell ITilcS ciliCl i c^ u.1citlOiiti pl'Ollllil^cXteu. Llicicuiiucl1 Lllu. vVlliuli 3.1'e Wl1111H OU ui'iVlll^ liillcS OI tile pOlUt OI iii cili tileiCL Ul'ti Ol1 38 S elll u ly 01 tile 1110 tO I1 VfilllCleS willCii Llic luciCl COillpl irieS.
Vii / vTTI ueSl^iidteu lll^liways, VelllClcS tl'clllSpOl Lmg illOtOI1 vcliiCleS v, Cuill 11 1 On 1^ Cclllcu. SL titOHIO Dlle CcHi'icl'Sy Witli cl SLiiigJci Steel eu. uniL Sll3.ll llOt eXCeeCl cVii uVei ~
all length uf 100 feet including any uveihang, diid nu unit uf such vehicle hhall
eXCeed cin OVercill Iciij^Lli ul !ju lect eAuluSiVe^ OI 31iy u v ci liciii^, LJ uOSeCtluii v^/ ^1 tlllS LyOCle SeCtlOll, Wlliuli provide S tlictL 11O ti ailel Sll3.ll eXCeeu *io leet 111 leiigtli, rilltill llOt cXpply tO SUCll ddtOiiiuOile CcVt'l'lelnS.

966

JOURNAL OF THE SENATE

shall exceed 40 feet in length, shall nut apply tu vehicles hauling live puulliy
(0) Flat-bed van cameit, shall nui tany a luad exceeding 00 feel in length and shall
De Clc<a.Tly i&Deleu wltll & peiHitiiicllt Si^n wliiCll rilicill OG a.tt3.Clleu. tO tlie iccii' ul Lliti
seuliuu (a) uf this Cude section, which piuvideb that nu Uailei bhall exceed 48 feet iu
Icn^Llij Slitill nut 3.^)ply tO I13.t~ueu v^ir Ctli'nei'B.
tiun (a) uf tllia CuJe 8cCtiuii veliiclee) nul utliel'WJSe lawful Ulldcl1 Code Scutluil 32-G3U Oi1 LliiS S LlDSBCtjlOl^I OiL sO clU.tliu111*cu Dy & ^i^l'IUllj ISSUGtt plll'S UtliiL LO vJuue ijii~O~j&Oj^ COHSlStiii^ ul &. tl^uClt ti ciCtOi uilu. Sfelllitrflllfir COIUDlJ-lilLluii lip tu O I -1/Ji IccL in Ovt;iL<ill Icn^Lli iiieij/ DC ujjci ciLcil il,
(.A./ i il^ Sciiiltr3.llt?i uueB HOt eACcGu. &o Ieel in ItilT^ftll itliu. II tile ulSLdllCt; DetWccil Lliti KJ.li^plll OI tll6 Scllli Li tillei ciliu tile cUi.lti OT tile Selll1113.11 c 1 ClOeS nOt eACeeii *t J.
feet: This 41 foot distance shall be measured between the kingpin and the midway point between the axles which comprise the rearmost tandem axle, if the rearmost axle on the semitrailer is a tandem axle, or between the kingpin and the center of the rearmost axle, if the rearmost axle on the semitrailer is a single axle. For purposes of this paragraph, the term 'kingpin' means a pin or peg designed to be locked into a fifth wheel of a truck tractor to attach a semitrailer to such truck tractor; ami
(C) Maxi-cube combinations shall have a cargo box that does not exceed 34 feet, provided that the pair of cargo boxes together does not exceed 60 feet and the overall length, including the power unit, does not exceed 65 feet;
(D) Trailer and semitrailer length requirements in this paragraph shall not apply to automobile and boat transporters; however, no unit of the vehicle shall exceed 56 feet in length.
(2) Overall truck tractor-semitrailer or truck tractor-semitrailer-trailer lengths:
(A) Maxi-cube combinations shall have an overall length that does not exceed 65 feet;
(B) Saddlemount and saddlemount with fullmount combinations shall have an overall length that does not exceed 75 feet;
(C) All other combinations of truck tractor-semitrailer or truck tractor-semitrailertrailer operated on roads other than interstate or the STAA system of roads shall have an overall length that does not exceed 100 feet. This maximum length shall include the federal allowance for automobile and boat transporter loads to over hang up to three feet over the front of the vehicle and overhang up to four feet over the rear of the vehicle. The STAA system shall be comprised of the National Network and the Access Routes to the National Network as allowed under the federal Surface Transportation Assistance Act (STAA) of 1982, as amended.
V-tJ_) A JIG Scllliti'&ilcT IS eC|Ul^)|jeu Wltil 3 ieai~ciiu p1*Oteu tiO11 QeVlCe OI S U. DS Lciii Lictl COlib Li UCtiuii COllSiStiil^ OI 3 t^uii till iiu u.fc Itttei 3.1 DetIH t;A.Lcllu.ili^ LO witlllll lOLli1 All" Ciliifa ul tile latei tl cXLi'tJiiiiLieo ul tile Scii11Li cil 111 clilu. IGCiltcCl Hut illui'e tll3.ll it 111" dico llOlll tile ouiliiCti <1S illeasureu Wltll tlie VelllCle eiilpty cLllu Oil 3. leVel SU.lTfl.Ce.
SECTION 3.

WEDNESDAY, MARCH 10, 1999

967

Said article is further amended by striking Code Section 32-6-28, relating to permits for excess weight and dimension, and inserting in lieu thereof the following:
"32-6-28.
(a) Generally.
(1)(A) The commissioner or an official of the department designated by the com missioner may, in his or her discretion, upon application in writing and good cause being shown therefor, issue a permit in writing authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles and loads whose weight, width, length, or height, or combination thereof, exceeds the maximum limit specified by law, provided that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated; and provided, further, that no permit shall be is sued to any vehicle whose operation upon the public roads of this state threatens to unduly damage a road or any appurtenance thereto, except that the disman tling limitation specified in this Code section shall not apply to loads which con sist of cotton, tobacco, concrete pipe, and plywood that do not exceed a width of nine feet or of round bales of hay that do not exceed a width of 11 feet and which are not moved on part of the National System of Interstate and Defense High ways. However, vehicles transporting portable buildings and vehicles not exceed ing 65 feet in length transporting boats on roads not a part of the National Sys tem of Interstate and Defense Highways, regardless of whether the nature of such buildings or boats is such that they can be readily dismantled or separated, may exceed the lengths and widths established in this article, provided that a special permit for such purposes has been issued as provided in this Code section, but no such special permit shall be issued for a load exceeding 12 feet in width when such load may be readily dismantled or separated. A truck tractor and low boy type trailer may, after depositing its permitted load, return to its point of origin on the authorization of its original permit.
(B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the commissioner or an official of the department designated by the commissioner may, in his or her discretion, upon application in writing and good cause being shown therefor, issue to a specific tow vehicle a permit in writing authorizing the applicant to operate or move upon the state's public roads a motor vehicle or com bination of vehicles and loads for transporting not more than two modular hous ing units or sectional housing units if the total weight, width, length, and height of the vehicle or combination of vehicles, including the load, does not exceed the limits specified in Code Section 32-6-22; and Code Section 32-6-26, and subpaiagiaph (i)(l)(E) uf tliib Cude section. No permit shall be issued to any vehicle or combination of vehicles whose operation upon the public roads of this state threat ens the safety of others or threatens to damage unduly a road or any appurte nance thereto.
(2) Permits may be issued, on application to the department, to persons, firms, or corporations without specifying license plate numbers in order that such permits which are issued on an annual basis may be interchanged from vehicle to vehicle. The department is authorized to promulgate reasonable rules and regulations which are necessary or desirable to govern the issuance of such permits, provided that such rules and regulations are not in conflict with this title or other provisions of law.

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(3) Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer, state trooper, or authorized agent of the department.
(4) The application for any such permit shall specifically describe the type of permit applied for, as said types of permits are described in subsection (c) of this Code sec tion. In addition, the application for a single-trip permit shall describe the points of departure and destination.
(5) The commissioner or an official of the department designated by the commis sioner is authorized to withhold such permit or, if such permit is issued, to establish seasonal or other time limitations within which the vehicles described may be oper ated on the public road indicated, or otherwise to limit or prescribe conditions of op eration of such vehicles when necessary to ensure against undue damage to the road foundation, surfaces, or bridge structures, and to require such undertaking or other security as may be deemed necessary to compensate the state for any injury to any roadway or bridge structure.
(6) For just cause, including, but not limited to, repeated and consistent past viola tions, the commissioner or an official of the department designated by the commis sioner may refuse to issue or may cancel, suspend, or revoke the permit and any permit privileges of an applicant or permittee. The specific period of time of any suspension shall be determined by the department. In addition, any time the restric tions or conditions within which a permitted vehicle must be operated are violated, the permit may be immediately declared null and void.
(7) The department is authorized to promulgate rules and regulations necessary to enforce the suspension of permits authorized in this Code section.
(b) Duration and limits of permits.
(l)ANNUAL PERMIT. The commissioner or an official of the department designated by the commissioner may, pursuant to this Code section, issue an annual permit which shall permit a vehicle to be operated on the public roads of this state for 12 months from the date the permit is issued even though the vehicle or its load exceeds the maximum limits specified in this article. However, except as specified in subsectiuu (c) paragraph (2) of this Cude sHclum subsection, an annual permit shall not author ize the operation of a vehicle:
(A) Whose total gross weight exceeds 100,000 pounds;
(B) Whose single axle weight exceeds 25,000 pounds;
(C) Whose total load length exceeds 75 100 feet;
(D) Whose total width exceeds 102 inches or whose load width exceeds 144 inches; or
(E) Whose height exceeds 14 feet and six inches.
Furthermore, an annual permit to operate a vehicle which exceeds the height limita tions set forth in Code Section 32-6-22 shall be issued only on condition of payment of an indemnity bond or proof of insurance protection for $300,000.00. Such bond or insurance protection, conditioned for payment to the department, shall be held in trust for the benefit of the owners of bridges and appurtenances thereto, traffic sig nals, signs, or other highway structures damaged by a vehicle operating under au thority of such overheight permit. The liability under the bond or insurance certifi cate shall be absolute and shall not depend on proof of negligence or fault on the part of the permittee, his or her agents, or operators.

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(2)STAA ANNUAL PERMIT. Vehicles and loads that meet the requirements for an an nual permit may apply for a special annual permit to carry wider loads on the STAA system of roads. The STAA system shall be comprised of the National Net work and the Access Routes to the National Network as allowed under the federal Surface Transportation Assistance Act (STAA) of 1982, as amended. The wider load limits shall be a maximum of 14 feet wide from the base of the load to a point 10 feet above the pavement and 14 feet and eight inches for the upper portion of the load. (2X3)SlNGLE TRIP. Pursuant to this Code section, the commissioner may issue a sin gle-trip permit to any vehicle or load allowed by federal law. (c) Fees. The department may promulgate rules and regulations concerning the issu ance of permits and charge a fee for the issuance thereof as follows: (1)ANNUAL. Charges for the issuance of annual permits shall be $150.00 per permit.
ao lulluws!
(.A,)J. Ciiuui tuLjic uuililiiig& cinu LjuiiLsctnil iiiiy v duulc OT uuiiiuiiiciLiuiiOTvt^lndco, Li^j \AJ uiiii ilidUulnj^ xZIccL wiilc auuI o IceL luiij:^........................................ ip I.UU.UU
liu vVct Vci, { vdni;lc OT wuiiiUiiiuLiuiiOi Vclili^lcs lieiV i Jig3 Li'iuHciOT uuiuLjiiiciLiOiiOl
Uaileis with sidewalk ui muf wliich has UamportuJ pui table buildiiigb may, afLei any load, ititum unloaded tu its point uf uiigiii even though Ihu uu-
hides exceed the 00 fuol limitation piuvided fui in Code Section 32-0-24,
I/licit tile u.iilueiu.t;Cl vclilCl^S Iclci icd tO 111 tillS SUOp&i*&^r3.JJli iliay HOt D"S Oil tilt: rvatiuiifl.! oysteill OI llluei'Stfl-te 8.HC1 JDelfellb
(i) Oveiweight, oveileiigth, 01 uvm width.....................................................--100.00
\ii) O Vel'llelj^lit (ally eCjlAijjmellt J.................................................................7. (jw.OU
A ti'cujtui' ailu. trtiit;i' \lOW t)Oy type.) lllHjr, attel1 Cltipticjitiil^J Si lO^iu. i'felei incu. tu lH tlliS tjuLnjcii ci^i' 1^)11,IctLj-l'li tO its pulliL 01 Oi'i^lll eVelltliu ll^lltile ti tn^tm.311Cl ti'lilei* (luW buy tvuc) illctv eAuccJ tlie GO fuut liiiiit<a.tiuii OlOvld6d fui iii Cudc Scutiuil 32-G-
3.11u tl*a.ilei' (low buy type) rOlei'i'ed. tO 111 tlllS SUupiil^igi*fl.pll HTS.y iiut uc upeiateu uil
tfae"National System of Interstate and: Defense Highways
(\j) 15 ui" luciu.S OI CuiiC1'ete pljje f COttOH Otliei1 Lliclli un CuttOll IHOu.Llle Iici U.lei til u.CK.S,
and plywood which do not exceed nine feet wide...........................................--100.00
lr 1TOVIueu tlia.t SUCil loads ITiay iiot DC upei'&teCl Ott tile rvfcitujiicil o^ Steili OI liitel1St&te iilld UelcUSe 1 ll^llW^&yo,
(0.1) Fox loaJb of cotton on cotton module hauler Uucks not bxceediiig a width of iiiue feet, an oyeiall leugtli of 52 feet, a height of 13 feet bix imlinb, and a tutal giobb weight of 00,000 pounds, without ibgaid to any axle weight............. 100.00
i^i*OVlu.eLl til lt SLiCii lOclQS iiict^ 11 Ot u6 ujperatCtl OH tile JN ciLluiicil oystelll OI llltt;r~
state and Uclciioe1 li^liwayB , (D) F\ji mobile humeh, modulai homes, and sectional lumber, and any veliiclt! or loiiiuiiiaLioii of vehicleb, up to and including ten feel wide and 70 feet long 100.00
llOWcvei, 3 VelllCle OT CO111tji11atlOH OI VelllClcS lictvm^ t tl ailer OI CO111 ui11a11011 OI ti'&llci B w itii Slue wiillcs ui i uul WlllClI lias ti ailSpOl'teCt illuClLlltii iiuilleS "Oi* SeCt1u11al

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lliuugh Hie unloaded velikileb ejnetid llin limitations piuvided fui in this article,
j-JrOVIutiu. Lii<iL LIit; uillO&Cl^u VelnClco 1'^Ici icu CO 111 LillS ou.0^iti&gii^li iliciy liOL D0 upti aLcil uil Lllti JN ctLluilcll o_y cslAJlll ul AilLtJi HLciLc tiiu J-'tiltilSc 1 ll^ll Wcty o,
tT-j? i^ul" UtOul.!^ llOilicS, H10tlU.lciJ^ IlOIll^S j anu. StiCtl<Jiidl liullStito) ailu &iijr~~VGjtlClc uir
85feet lung.......................................................................................................... 250.00
1 lu vfQV6t' , S^^GillClc "t)I*~ COlllDlilaLiOii Oi v clllCl^S llk.Vlii^ cT trculci ui1 COlilDliieitlOll iXt Li' ciil til'S WiLli Siile WctllS ui i uul WliiCli iick.8 tl clliS^Oi Leu iliOu.u.lct.1 llOlllcS cinu ttcCLiuncil rlOUS6S lua^, fl.Itei u.cpOSlt/111^ Siiy lOtu, i t;LU.in Liiilueh.u.^Q tO lt& pOlflt Ol uli^ili eVcn tllOU.^11 ullt^UHlOclueu vcliiulcS cXCccu LI it; IJilliiLciLiuiiS ^ii'uviu.ei-t Itii1 111 LlllS cti Liult;,
Siicill DC 1 [ItllOl i ic il ullly Cril LliOSc I'uUtccT Spcuiiicu CS |^cti'L ~Oi 3.U cip p i OVfi u route &_yriLtilii, ^JITJ v nJeU-j I ui ullci , LlitiL tile iiiuuilc lluincs, liiOu.Li.icll1 nOillcfi , ctiiu. Sc^tlOiial lAOLiScs iclci I'tiu. LO ni tlllS SiiupdT3.^1'fl.jiil^T.n6^fl.i'ClIt;i3&^Ol tile Itili^Lli Ol Llic COWiiig^ vc~
hitlu, bhall not exceed a leiiglli of 70 feet from the ceulei uf the liituh ball cup Lu
ttlti 1 c tti 1 1 1 u S L |jcii L ul tile luciu., clliu. jjiu viu.cu, IIAI Llicl ; LliciL Lliti UlllOciu.c'J. Vcliiulecs rciei'ieu tu ^11 tlliS Subparfl-giapii may Hut Dti Opd'aCSu. Oil tile IWS.tlOll&l oystcm ul lllLti'SLtlLt; tiliu UtiltJUc
\L ) 1. Ol' Llit; tuin Uiil jjciiuiLo tu.LiiuiIizit7u u^ jjcii ci^i a^jll v^/ OI" BtiOSGCtlOii (.M/ ol Uuue
Snttiun 32-0-24 fui veliitlen uxcetidiiig 70 feet in leugth ............................... 100.00 (tr) I4 or tlis fliiiiu.3.1 permits &utnoriz6u t>y subst;cLj.uii (a) ul C/uuc o6ction u2-G-24
1O1 Li'iiilt;i o WliiCii fl.l*e Ovci1 40 Icct In it^ii^Lll................................................... XU.UU
(II) Fui luada uf lumid hay bales whicli do nut exceed 11 feet wide ........... 100.00
xlOVlCicu. LliciL Lliti clliliU-cil ptil'miL Sliall SptiOll^ Llic HjUtO Ol1 !Ou.LcS U^iuii WlilCli Su.Cli lOtiClS iiici^y DC ujjci ciLtJU..
(1) i'ui jjiecil^iiieereu taiiu pF611IHIlllI&.i;Luic:u wOOu 1'uul ciliu Iluui Liuooes Up tO elilu.
iuduJing 12 feel wide........................................................................................ 100.00 (2)STAA ANNUAL PERMIT. Charges for the issuance of STAA annual permits shall be $500.00 per permit. t2X3)THREE FOUR MONTHS. The charges for the issuance of tlutie-iiiunth four-month permits for loads of tobacco whose widths do not exceed nine feet shall be $25.00 per permit, provided that such loads may not be operated on the National System of In terstate and Defense Highways. (9X4) SINGLE TRIP. Charges for the issuance of single-trip permits shall be as follows:
(A) Fui table buildings dud buaU.
\i) Up to cLliil lllCi liulll^ J_<i IctJt WlCltij Y& IGct IGll^JV... ............................... ... p 1U.UU
\ii) JJOciLs ill cjtuCSS OI LI let; L Wiut; ............................................................... I&O.Ut/
(iii) Fuilablt! buildmgs m e^uess uf 70 feel lung.........................................----26^0 (A) Any load not greater than 16 feet wide, not greater than 16 feet high, and not weighing more than 150,000 pounds or any load greater than 100 feet long which does not exceed the maximum width, height, and weight limits specified by this subparagraph ....................................................................................................$ 30.00
(JJ/ Hcav y t;(^U.l|jiiit;iiL.
(1) Ovei uii uiUy uiie uf the following liinitaLiuiib. Weight, leiigtli, height, width 5.00

WEDNESDAY, MARCH 10, 1999

971

(ii) Over muie than one of the abuve limitations .......................................----16^0 (B) Any load having a width, height, or weight exceeding the maximum limit therefor specified in subparagraph (A) of this paragraph but which is not greater than 20 feet wide, not greater than 20 feet high, and not weighing more than 180,000 pounds................................................................................................... 150.00 (C) Miscellaneous,.
(i) Houses...................... ..................................................................................--26^6 (ii) Off-road equipment..
tin/ i-ililljci j S tl" HCtlircii illt*?ill Uei1 o j ^julcS , <Htu piling \)V^1* lO" ItSet luiif^. ...... D.vU
vlVj Ally u Liici OV ei'SlZcCI luctuS HOT, lici clll SpcCilicQ Wlltitliel" ui1 nGt ou.dl i)Kl is in d. SpeuiliC Cfttegui*^ COVei'eu by tlllS (Juuc SeCtlOnr................y................... ZO.OO
(v) Other oveiheight loads nut herein specified...........................................----5:66 (C) Any load having a width, height, or weight exceeding the maximum limit therefor specified in subparagraph (B) of this paragraph ........................... 500.00 (D) Mubile homes, modular homes, and seitkmal houses.
(i) Up to and including 12 feet wide and the maximum lengths allowed--16^6
til) I1 01T CiULiulti~WiueS Up tu 111Ct liltl U.u.111^ ci 1.& lOOt Wide DOX &ilu. Si Oiic~IOOt t"OOI u V c 1' 11 LH^ , WllfiH" Ut;lll^ lOW6Cl wilii Llic iuul Oveiliciii^ ct^iiiiisL Llic i* i^l i L ~ 1 1 tin u. SllOlilClei ui Llic lOciQ aw&j/ Ii unl T/lit; CcilT/cliniCj &HCi Up Lu Llit; iiitiXiiiiu.iii icii^tlio
allowed .............................................................................................................----3*66
(,111 j ill feXCtiSS 01 13 Ic^t W1Q& tip Lu ciiiii 11 1C 1 U.u.1 11^ i4 leeL WIQJ6 ciliti tile lU^cXl~
mum lengths dllowed......................................................................................----50^6
I,1VJ TIT GXCtiso OI 14 Icct Wldfe U.p Lu aiiu luCl uillli^ J.O Icct w iu.c ciliu Llic HljiAF in uiii leli^tilS &llu w eu. ................... .77. . ....................................... .T.TT. ......... rr"J .7. 50.00
(E) Luads uf tumid hay bales which du nut exceed 11 feel wide .................----10^6
\i ) In elUfei'^eilCy feiLU-iiLlollfe Oi* ill SlLticiLluiib WilclT6 Tl IS ueeiiieu Llicic is nu etlttJi ~ lid tc lilcLliuu. 01 lnvj vtllltiriLj iiri CltLciimiicu. \jy Llic COIllniisiBiOiici \JL liiS ui lici u.tioi^liet;, velllCltJo ciliu. lutulS ill t;A.CcSS ui J.O lecL Wide ctnu. Llic ulci X I Hi mil Ictll^LilS
allowed................................................................................................................. 100.00
l>l*jL wiLliBLtiiiu.iii^ <3il,V uLlici piuvisiunS ui LlilS iJOCtG iscCLnJiij S.iiy vcliiCle Li exiiSpOl'Liii^ ul tuwuig fl. liluuilc lluillc, illGu.iu.3U1 llOiiic, Ol" S^ctiOllfl.1 llOUSe 111 6XC6SS OI 144 HldleS Wlufe Silfl.ll yield. tll6 I'lgllt 01 w<iy to ftii &ppin uin;liiii^ vcimjles fiu tlittL Oiie-liali ul Hit;
Ofe ttveiilfl.ule t>O VelllCiGS ttppiufciCliiii^ clllLl ^jci&oiii^ iiulil tlic u]JjJuc>ILc 0-i~ icCtiOH. Wlleil^Vci luUX Oi" illui t; Vtilllv;lt;o OVelljiK.e 3.HCI iOllOW SL muulic iiuniCj lUOu u.~ i&l tlOHUSj ul scCi/iOiick.! liuuSt; lii liACeSS ui i.44 ITlClleS WTCiej tll6 veiitCie tTfitilSpOl'tlll^J Ol*
tuwing the mobile home, mudulai home, ui' sectiuiial huuse shall pull the mobile
liuilit;, 111 O QUi Sif ilOHlfej Ol* 36 CXi Oil 3.1 liOUSti EtS T3T tO tll^ I*l^iTt ECS pOSSiDl^ Ct tile IirSu i cctisOliiiljlc i(j^ciLivjiij HtOp^/ni^ il iieCcrictcii^y ? dliu olicili cillu vV t/llc V cluClcS luliOWlll Llic illOtn.lt; iiOille, iliuuO-lcii liuille, ui ocCtlunal llOU&e LO p^SSs Smely. Aiiy p^rSuil wllO viOIfl.tGS tlllS p & i* tt^ 1' tip ll sliciil DG ^tiilty Ol t llllSCtfelll^k.IlOl^ ctiiu., U-pOll COUVlCtlOU tilEil'^OIj slicill Oe tlHIBu llOt ifi&S tll3.ll IplOU.OU 3ilu tlic pei imtS ciliLliui i^eu. 111 LliiS Lvuuc ricOLiun lui* VelllClfiS WlCitir Lliciii 44 lllCli^S Slictll DG Slis^ieilueu. lui' b/U Qei^y &. U "puil 3 Stituilu.
cuiivictioii wilhiu twu yeais, the fine shall be not less than $150.00 and the suspen sion of the peimit foi veliidus widei than 144 inches, shall be fui 180 days. Upuii a Child cuiivkliuii within twu .yeais, the fine bhall be nut less than $300.00 and Hie

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lui Velli.uJ.tiS WiuGT Ulciil J.44

eS Sri311 uc ciu.ojjyilu.t5Ll lOi unt; y\s&u~, Ally OI~

ti1111luTlZ to uiifurce the Li ttliiC la. WB OI LillS SLfl.Le Sll&ll DC ciii uO Vv cl'etl LO 611"

(d) Notwithstanding any provision of Code Section 48-2-17 to the contrary, all fees col lected in accordance with this Code section shall be paid to the treasurer of the de partment to help defray the expenses of enforcing the limitations set forth in this arti cle and may also be used for public road maintenance purposes in addition to any sums appropriated therefor to the department."

SECTION 4.

This Act shall become effective on October 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 35, nays 0, and the substitute was adopted.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean N Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson.E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 253. By Senators Butler of the 55th, Thomas of the 54th, Madden of the 47th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Geor gia Annotated, relating to registration and licensing of motor vehicles gener ally, so as to provide for special license plates and decals celebrating the year

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973

2000 and promoting programs to benefit children and adolescents with severe emotional problems; to provide for licensing and other agreements; to provide for design and rights.
The Senate Public Safety Committee offered the following amendment:
Amend SB 253 by striking on line 6 of page 2 the word "may" and inserting in lieu thereof the word "shall".
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
Senators Cable of the 27th, Williams of the 6th and Blitch of the 7th offered the follow ing amendment:
Amend SB 253 by inserting after "fees;" on line 9 of page 1 "to provide for issuance of special 'Support Adoption' license plates, fees therefor, and budget estimates relating to such fees;".
By inserting between lines 22 and 23 of page 3 the following:
"SECTION 1A.
Said article is further amended by adding a new Code Section 40-2-49.2 to read as follows:
'40-2-49.2.
(a) On and after January 1, 2000, motor vehicle owners who are residents of the State of Georgia, upon application therefor and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles and upon pay ment of the regular motor vehicle registration fee and an additional initial fee of $25.00, shall be issued a license plate for a private passenger vehicle which shall bear the words "Support Adoption." It shall be a requirement that a county name decal shall be fixed and displayed on license plates issued under this Code section.
(b) License plates issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80.
(c) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an ad ditional $25.00 annual registration fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34.
(d)(l) Compensation of tag agents and distribution of fees shall be as provided by Code Sections 40-2-33 and 40-2-131; provided, however, that it is the intent of the General Assembly that funds derived from the additional fees paid pursuant to this Code section be available, subject to appropriation from the general fund in the manner provided by law, to provide additional funding for adoption services of the Department of Human Resources pursuant to paragraph (7) of subsection (a) of Code Section 49-5-8.
(2) The Department of Human Resources' annual estimate submitted to the Office of Planning and Budget pursuant to Code Section 45-12-78 shall include a request for funding of adoption services pursuant to paragraph (7) of subsection (a) of Code Section 49-5-8 which includes such amounts as may be available for such purposes pursuant to paragraph (1) of this subsection.'".

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On the adoption of the amendment, the yeas were 32, nays 0, and the Cable, et al. amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

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

SR 241. By Senators Balfour of the 9th, Cheeks of the 23rd, Harbison of the 15th and others:
A resolution urging the United States Congress to curb proposed legislation pertaining to the Bank Secrecy Act.
Senators Cheeks of the 23rd and Balfour of the 9th offered the following substitute to SR 241:
A RESOLUTION
Urging the Federal Reserve, the Federal Deposit Insurance Corporation, the Office of the Comptroller General, and the Office of Thrift Supervision to withdraw proposed regula tions pertaining to the Bank Secrecy Act; and for other purposes.
WHEREAS, theFederal Reserve, the Federal Deposit Insurance Corporation, the Office of the Comptroller General, and the Office of Thrift Supervision proposed a "Know Your Customer" section of the Bank Secrecy Act on December 7, 1998, which seeks to deter mine the banking characteristics of its customers; and
WHEREAS, the "Know Your Customer" regulations will require banks to learn and rec ognize a customer's normal and expected transactions; and
WHEREAS, the "Know Your Customer" regulations will require banks to obtain knowl edge regarding the legitimate activities of their customers; and

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975

WHEREAS, the "Know Your Customer" regulations will require banks to report any un usual or suspicious transactions to as yet to be determined FDIC agencies existing sus picious activity reporting regulation; and
WHEREAS, there are already sufficient regulations in place to ensure that financial crimes are detected, and the "Know Your Customer" regulations are not needed and are in fact dangerous to a society where privacy is valued; and
WHEREAS, the "Know Your Customer" regulations constitute a clear violation of bank ing patrons privacy and, therefore, must not be allowed to pass in any form.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body encourage the Congress of the United States to act swiftly to prevent the passage of any such legislation under the "Know Your Customer" designation.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit appropriate copies of this resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the directors of the Federal Reserve, the Federal Deposit In surance Corporation, the Office of the Comptroller General, the Office of Thrift Supervi sion, and all members of the Georgia Congressional Delegation.
On the adoption of the substitute, the yeas were 33, nays 0, and the Cheeks, Balfour substitute was adopted.
Pursuant to Senate Rule 143, action on SR 241 was suspended, and SR 241 was placed on the General Calendar.

SR 193. By Senators Johnson of the 2nd, Gillis of the 20th, Walker of the 22nd and others:

A resolution creating the Senate Welfare to Work Transition Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks
Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith
Starr N Stephens Y Stokes
Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

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On the adoption of the resolution, the yeas were 49, nays 2.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Ladd of the 41st introduced the doctor of the day, Dr. Hansen Chang of Tucker, Georgia.
The Calendar was resumed.
SB 101. By Senators Madden of the 47th, Streat of the 19th and Jackson of the 50th:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Anno tated, relating to program weights under the Quality Basic Education Formula, so as to provide for the funding of school social workers to serve stu dents in grades two through five who are receiving remedial education ser vices; to provide for an effective date.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400
January 27, 1999
The Honorable Eddie Madden State Senator State Capitol, Room 420-B Atlanta, Georgia 30334
SUBJECT: Fiscal Note Senate Bill 101 (LC 27 0677)
Dear Senator Madden:
This bill would provide funding for school social workers to serve students in grades two through five who are receiving remedial education services. The program weights would be sufficient to fund at least the beginning salaries of school social workers at a ratio of one social worker for each 500 students.
The fiscal impact of this bill to the state would be approximately $1.8 million annually. For fiscal year 2000 there is estimated to be 33,840 FTE students in the remedial educa tion program. Historically students in grades two through five have made up approxi mately 83% of the total students in the remedial education program. Given this fact, there will be approximately 28,000 full-time equivalent students in grades two through five who will receive remedial education services in FY 2000. To provide social workers at a ratio of 1 for each 500 students, 56 social workers would be needed. The salaries and benefits applicable to a beginning school social worker in fiscal year 2000 total ap proximately $32,000 per year. Therefore, the fiscal impact of this bill to the state would be approximately $1.8 million annually. It was assumed that this bill would not change current teacher to student ratios used to fund social workers in other programs.
Sincerely, Isi Claude L. Vickers
State Auditor Isl Tim Burgess, Director
Office of Planning and Budget

WEDNESDAY, MARCH 10, 1999

977

The Senate Education Committee offered the following amendment:
Amend SB 101 by striking lines 4 and 5 of page 1 and inserting in lieu thereof the following:
"funding of school social workers to serve students who are receiving remedial education".
By striking lines 17 and 18 of page 1 and inserting in lieu thereof the following:
"school social workers to serve students who are receiving remedial education".
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400
March 10, 1999
The Honorable Eddie Madden, Chairman Senate Insurance and Labor Committee State Capitol, Room 420-B Atlanta, Georgia 30334
SUBJECT: Fiscal Note Amendment to Senate Bill 101 (LC 27 0677) (AM 27 0145)
Dear Chairman Madden:
This bill as amended would provide funding for school social workers to serve students who are receiving remedial education services. The program weights would be sufficient to fund at least the beginning salaries of school social workers at a ratio of one social worker for each 500 students.
The fiscal impact of this amended bill to the state would be approximately $2.2 million annually. For fiscal year 2000, there is estimated to be 33,840 FTE students in the re medial education program. To provide social workers at a ratio of one for each 500 stu dents, approximately 68 social workers would be needed. The salaries and benefits ap plicable to a beginning school social worker in fiscal year 2000 total approximately $32,000 per year. Therefore, the fiscal impact of this bill to the state would be approxi mately $2.2 million annually. It was assumed that this bill would not change current teacher to student ratios used to fund social workers in other programs.
Sincerely, /s/ Claude L. Vickers
State Auditor /s/ Tim Burgess, Director
Office of Planning and Budget
On the adoption of the amendment, the yeas were 38, nays 0, and the committee amend ment was adopted.
Senators Cagle of the 49th and Johnson of the 1st offered the following amendment:
Amend SB 101 by striking the words "school social workers" on lines 4 and 17 of page 1 and inserting in lieu thereof "reading specialists".

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By striking the words "social worker" on line 19 of page 1 and inserting in lieu thereof "reading specialist".
On the adoption of the amendment, Senator Cagle of the 49th called for the yeas and nays. The call was sustained, and the vote was as follows:

Y Balfour
y Blitch
N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan N Fort N Gillis Y Gingrey N Golden Y Guhl

N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James N Johnson.D Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak

Y Price,R Y Price,T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Street Y Tanksley
Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 23, nays 32, and the Cagle, Johnson of the 1st amendment was lost.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour N Blitch Y Bowen Y Broun, 46th Y Brown, 26th N Brush N Burton Y Butler N Cable N Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D N Johnson.E Y Kemp N Ladd N Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen N Perdue Y Polak

N Price,R N Price,T Y Ragan N Ray N Roberts Y Scott Y Smith Y Starr N Stephens Y oQttOrKb-eocs Y Streat Y Tanksley
Tate N Thomas.D Y Thomas,N Y Thompson Y Walker N Williams

WEDNESDAY, MARCH 10, 1999

979

On the passage of the bill, the yeas were 36, nays 19.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 164. By Senators Ray of the 48th, Cagle of the 49th and James of the 35th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change certain provisions relating to bailable offenses; to change certain provisions relating to punishments for certain viola tions of Code Section 40-6-391; to amend Title 40 of the Official Code of Geor gia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to limited driving permits for certain offenders.
The Senate Public Safety Committee offered the following substitute to SB 164:
A BILL
To be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relat ing to criminal procedure, so as to change certain provisions relating to bailable offenses; to change certain provisions relating to punishments for certain violations of Code Sec tion 40-6-391; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to limited driving permits for certain offenders; to change certain provisions relating to driving while a li cense is suspended or revoked; to change certain provisions relating to driving under the influence of alcohol, drugs, or other intoxicating substances; to change certain provisions relating to homicide by vehicle; to change certain provisions relating to serious injury by vehicle; to amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to ignition interlock devices as a condition of probation, so as to change certain provisions relating to court ordered installation of ignition interlock devices; to provide legislative findings and declarations; to provide a short title; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The General Assembly finds and declares as follows:
WHEREAS, Heidi Marie Flye (Woodyard), age 32, was a vibrant, beautiful, and loving wife, mother, daughter, and sister who lived a life dedicated to her family, her relig ion, and unselfish acts of kindness; and
WHEREAS, Cathryn Nicole Flye (Cadie), age 6, and Audrey Marie Flye, age 4, were the beloved children of Heidi Flye; and
WHEREAS, on July 13, 1998, Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye were killed in a motor vehicle collision which involved the drunk driver who had been convicted of driving under the influence in Georgia less than a year before he killed Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye; and
WHEREAS, the entire county of Forsyth has felt the impact and sorrow of the prema ture and senseless deaths of Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye; and
WHEREAS, the deaths of Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye could have been prevented had the driver who killed them been required to have an ignition interlock device installed on his vehicle; and

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WHEREAS, Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye are, unfor tunately, among the more prominent examples of the over 600 people in Georgia who are killed each year by individuals who drive while under the influence of alcohol or drugs; and
WHEREAS, drunk drivers account for over one-third of the total fatalities that occur each year in motor vehicle accidents; and
WHEREAS, the likelihood of being killed in a motor vehicle crash is much greater if the driver of the other vehicle is under the influence of alcohol or drugs; and
WHEREAS, drunk drivers represent an economic cost of over $1.1 billion to the state and people of Georgia; and
WHEREAS, an ignition interlock program has been shown to be effective in reducing both the number of drunk drivers on the highways and the number of fatalities caused by repeat offenders; and
WHEREAS, it is fitting to honor the memory of all victims of drunken driving and Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye in particular by strengthening the laws requiring the installation and use of ignition interlock devices.
SECTION 2.
This Act shall be known and may be cited as "Heidi's Law."
SECTION 3.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subsection (f) of Code Section 17-6-1, relating to bailable offenses, and inserting in lieu thereof the following:
"(f)(l) Except as provided in subsection (a) of this Code section or as otherwise pro vided in this subsection, the judge of any court of inquiry may by written order es tablish a schedule of bails and unless otherwise ordered by the judge of any court, a person charged with committing any offense shall be released from custody upon posting bail as fixed in the schedule.
(2) For offenses involving an act of family violence, as defined in Code Section 1913-1, the schedule of bails provided for in paragraph (1) of this subsection shall re quire increased bail and shall include a listing of specific conditions which shall in clude, but not be limited to, having no contact of any kind or character with the vic tim or any member of the victim's family or household, not physically abusing or threatening to physically abuse the victim, the immediate enrollment in and partici pation in domestic violence counseling, substance abuse therapy, or other therapeu tic requirements.
(3) For offenses involving an act of family violence, the judge shall determine whether the schedule of bails and one or more of its specific conditions shall be used, except that any offense involving an act of family violence and serious injury to the victim shall be bailable only before a judge when the judge or the arresting officer is of the opinion that the danger of further violence to or harassment or in timidation of the victim is such as to make it desirable that the consideration of the imposition of additional conditions as authorized in this Code section should be made. Upon setting bail in any case involving family violence, the judge shall give particular consideration to the exigencies of the case at hand and shall impose any specific conditions as he or she may deem necessary. As used in this Code section, the term 'serious injury' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened

WEDNESDAY, MARCH 10, 1999

981

eyes, substantially swollen lips or other facial or body parts, substantial bruises to body parts, fractured bones, or permanent disfigurements and wounds inflicted by deadly weapons or any other objects which, when used offensively against a person, are capable of causing serious bodily injury.
(4) If probable cause is shown that the offense charged is in furtherance of a pat tern of criminal gang activity as defined by Code Section 16-15-3, the court shall re quire increased bail and shall include as a condition of bail or pretrial release that the defendant shall not have contact of any kind or character with any other mem ber or associate of a criminal street gang and that the defendant shall not have con tact of any kind or character with the victim or any member of the victim's family or household.
(5) For offenses involving violations of Code Section 40-6-393, bail or other release from custody shall be set by a judge on an individual basis and not a schedule of bails pursuant to this Code section."
SECTION 4.
Said title is further amended by striking Code Section 17-10-3.1, relating to punishment for certain violations of Code Section 40-6-391, and inserting in lieu thereof the following:
"17-10-3.1.
(a) In any case where a person is sentenced to a period of imprisonment under Code Section 40-6-391 upon conviction for violating subsection (k) of said Code section, it is within the authority and discretion of the sentencing judge in cases involving the first such violation to allow the sentence to be served on weekends by weekend confine ment or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times dur ing the sentence period. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence.
(b) Any confinement of a person pursuant to a sentence to a period of imprisonment under Code Section 40-6-391 upon conviction for violating subsection (k) of said Code section shall be served in a county jail, provided that for the first such violation such person shall be kept segregated from all offenders other than those confined for violat ing subsection (k) of Code Section 40-6-391."
SECTION 5.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (a) of Code Section 40-5-64, relating to limited driving permits for certain offenders, and inserting in lieu thereof the following:
"(a) To whom issued. Notwithstanding any contrary provisions of Code Section 40-5-57 or 40-5-63 or any other Code sections of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 may apply for a limited driving permit when and only when that person's driver's li cense has been suspended in accordance with paragraph (2) of subsection (a.l) of Code Section 40-5-22, subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, or paragraph (1) of subsection (a) of Code Section 40-5-67.2 or as otherwise provided by Code Section 40-5-63.1."
SECTION 6.

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Said title is further amended by striking subsection (a) of Code Section 40-5-121, relat ing to driving while license suspended or revoked, and inserting in lieu thereof the following:
"(a) Except when his a license has been revoked as a habitual viulatur under Code Section 40-5-58 as a habitual violator, any person who drives a motor vehicle on any public highway of this state at a time when his privilege to do so is suspended, dis qualified, or revoked shall be guilty of a misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be punished by imprisonment for not less than two days nor more than six 12 months, and there may be imposed in addition thereto a fine of not less than $500.00 nor more than $1,000.00. For the second or subsequent conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is ob tained or a plea of nolo contendere is accepted, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00."
SECTION 7.
Said title is further amended by striking subsection (c) of Code Section 40-6-391, relat ing to driving under the influence of alcohol, drugs, or other intoxicating substances, and inserting in lieu thereof the following:
"(c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent convic tion thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows:
(1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a convic tion is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;
(B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be sus pended, stayed, or probated, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph; and
(C) Not less than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concen tration at the time of the offense was less than 0.08 grams, the period of commu nity service shall be not less than 20 hours; and

WEDNESDAY, MARCH 10, 1999

983

(D) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated;
(2) For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;
(B) A period of imprisonment of not less than 90 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall im pose, the judge may suspend, stay, or probate all but 48 hours of any term of im prisonment imposed under this subparagraph; and
(C) Not less than 80 hours of community service, except that for a second convic tion for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 40 hours; or and
(D) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated; or
(3) For the third or subsequent conviction within a five-year period of time, as mea sured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;
(B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this subparagraph; ami
(C) Not less than 20 days of community service, except that for a third or subse quent conviction for violation of subsection (k) of this Code section where the per son's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 40 hours; and
(D) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated.
For the purpose of imposing a sentence under this subsection, a plea of nolo con tendere or an adjudication of delinquency based on a violation of this Code section shall constitute a conviction."
SECTION 8.
Said title is further amended by striking subsection (j) of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and in serting in lieu thereof the following:

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"(j)(l) The clerk of the court in which a person is convicted a third second or subse quent time under subsection (c) of this Code section shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week fol lowing such conviction or as soon thereafter as publication may be made.
(2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section.
(3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous no tice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith.
(4) Notwithstanding the provisions of Code Section 15-11-60, the provisions of this Code section shall apply to the juvenile courts."
SECTION 9.
Said title is further amended by striking Code Section 40-6-393, relating to homicide by vehicle, and inserting in lieu thereof the following:
"40-6-393.
(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than two five years nor more than 15 years.
(b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished for a misdemeanor of a high and aggravated nature as pro vided in Code Section 17-10-3 17-10-4.
(c) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three ten years nor more than tt 20 years, and adjudication of guilt or imposition of such sentence for a person so con victed may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary."
SECTION 10.

WEDNESDAY, MARCH 10, 1999

985

Said title is further amended by striking Code Section 40-6-394, relating to serious in jury by vehicle, and inserting in lieu thereof the following:
"40-6-394.
Whoever, without malice, shall cause bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfig uring his body or a member thereof, or by causing organic brain damage which ren ders the body or any member thereof useless through the violation of Code Section 406-390 or 40-6-391 shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than uiie year five years nor more than five 15 years."
SECTION 11.
Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as a condition of probation, is amended by striking Code Sec tion 42-8-111, relating to court ordered installation of ignition interlock devices, and in serting in lieu thereof a new Code Section 42-8-111 to read as follows:
"42-8-111.
(a) In addition to any other provision of probation, upon a conviction of a second violating Code Section 40-6-391 witlnii five ytMis, as meabuied Hum the
ul ^iicviuuo cincsts lui Wlui^li tuiiViutiuno wcic uUtamcil tu Llic ildtc ul tlic wui'icliL
aii'est fur which a cuiivicliuii is obtained, for which a person is granted probation, the court may shall order that such person not drive a motor vehicle for a period of not less than six months unless such vehicle is equipped with a functioning, certified igni tion interlock device. For the purposes of this subsection, a plea of nolo contendere shall constitute a conviction. Any person who is ordered to obtain and use an ignition interlock device, as a condition of probation, shall complete the DUI Alcohol or Drug Use Risk Reduction Program and submit to the court or probation department a certif icate of completion of the DUI Alcohol or Drug Use Risk Reduction Program and certi fication of installation of a certified ignition interlock device.
(.if) JiiXCti^L ae> Gt.ll.til wise jJx'GViiitJLl 111 tills cuLiClCj Llie CuClft Tilery Gl*Clt3r tile UlSt3HdtiOIl 01
& C6i*tlI16u igmtlull iiltei'luCK tteviCe Oil o.n.y VelllCIt; wlllCll Hiiy pei'sun subject to subSCC-
liujU (<l) Oi tlllS OOue SeCtlOll uwilS or Operates. UpGll a tliiru ui' oU.be>t;ma.c;iit COiivittiun
til6 CGU.xL oil till i cG|u.ii"; luciLcillciLiuii ul fl. CSi l/iiicd. igniLiuii lliLci luCit QfeviCti.
fcXb) If use of an ignition interlock device is ordered, the court shall include in the re cord of conviction or violation submitted to the Department of Public Safety notice of the requirement for, and the period of the requirement for, the use of a certified igni tion interlock device. The records of the Department of Public Safety shall contain a record reflecting mandatory use of such device and the person's driver's license shall contain a notation that the person may only operate a motor vehicle equipped with a functioning, certified ignition interlock device.
fd)(c) Except as provided in Code Section 42-8-112, no provision of this article shall be deemed to reduce any period of driver's license suspension or revocation otherwise im posed by law.
feXd) The fee for issuance of any driver's license indicating that use of an ignition in terlock device is required shall be $15.00, except that for habitual violators required to use an ignition interlock device as a condition of a probationary license the fee shall be as prescribed in Code Section 40-5-58. Upon expiration of the period of time for

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which such person is required to use an ignition interlock device the person may apply for and receive a regular driver's license upon payment of the fee provided for in Code Section 40-5-25."

SECTION 12.

This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

SECTION 13.

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

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey
Golden Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following bills of the House:
HB 720. By Representatives Murphy of the 18th, Walker of the 141st, Skipper of the 137th and others: A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Anno tated, relating to prohibited lobbying practices, so as to provide that it shall be unlawful for any unit of state government to contract for or use public funds

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to pay for the services of a lobbyist; to provide for nonapplicability to activities of public employees; to provide for broad applicability to all units of state gov ernment and the personnel thereof.
HB 894. By Representatives Birdsong of the 123rd, Murphy of the 18th, Connell of the 115th and others:
A bill to amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the War Veterans Home, so as to provide that a war veteran shall not be eligible for admission to the Georgia War Vet erans' Nursing Home or the Georgia State War Veterans' Home unless such war veteran has been a resident of this state for a period of at least five years immediately prior to application for admission.
HB 811. By Representative Greene of the 158th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of the Supe rior Court of Randolph County.
HB 819. By Representatives Stephens of the 150th, Heard of the 89th and Martin of the 145th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to insurance generally, so as to provide for confidenti ality of patients' medical information obtained by insurers from pharmacies or pharmacists; to prohibit release of such information to third parties without patient consent.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 330. By Representatives Purcell of the 147th, Walker of the 141st and Skipper of the 137th:
A resolution creating the Joint Study Committee on Art Policies for the Capi tol and the Governor's Mansion.
The Calendar was resumed.

SB 262. By Senator Kemp of the 3rd:

A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Geor gia Annotated, relating to general provisions applicable to district attorneys, so as to create the honorary office of district attorney emeritus; to provide for qualifications of such office; to provide procedures to allow certain retired prosecuting attorneys to assist district attorneys or to be appointed district at torney pro tempore; to provide for compensation.

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th

Y Brush Y Burton Y Butler Y Cable Y Cagle

Y Cheeks Y Crotts Y Dean Y Egan Y Fort

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Y Gillis Y Gingrey Y Golden N Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp

Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts

Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 54, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 180. By Senators Fort of the 39th, Walker of the 22nd, Lee of the 29th and others:
A bill to amend Title 41 of the Official Code of Georgia Annotated, relating to nuisances, so as to provide for actions to abate and enjoin drug related nui sances; to provide for legislative findings and definitions; to provide who may file an action; to provide for complaints, affidavits, jurisdiction, and venue; to provide that complaints shall allege evidence of illegal activities relating to drugs and adverse impact.
The Senate Judiciary Committee offered the following substitute to SB 180:
A BILL
To be entitled an Act to amend Title 41 of the Official Code of Georgia Annotated, relat ing to nuisances, so as to repeal Code Section 41-3-1.1, relating to substantial drug re lated activity; to provide for actions to abate and enjoin drug related nuisances; to pro vide for legislative findings and definitions; to provide who may file an action; to provide for complaints, affidavits, jurisdiction, and venue; to provide that complaints shall allege evidence of illegal activities relating to drugs and adverse impact; to provide for dismis sal of complaints which fail to allege and actions in which the plaintiff fails to prove in cidents on the subject property within 18 months which have resulted in three or more indictments, accusations brought by prosecutors, pleas, or convictions of illegal activities relating to drugs; to provide for exceptions for prosecutions resulting directly from the cooperation of a property owner with a law enforcement agency; to provide for in rem ac tions in certain circumstances; to provide for notice, hearings, motions for, and grants of preliminary injunctions; to provide for a hearing reviewing a preliminary injunction; to provide for security bonds and when such bonds are not required; to provide for stays in certain circumstances; to provide for jury trials; to define the acts or omissions that must be proven to establish liability; to provide for judgments, remedies, and relief; to provide for continuing jurisdiction to enforce court orders; to provide for punishment for violation of court orders; to provide for suspension or cancellation of an order of abate ment in specified circumstances; to provide that this Act is cumulative of other reme dies; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.
Title 41 of the Official Code of Georgia Annotated, relating to nuisances, is amended by striking in its entirety Code Section 41-3-1.1, relating to substantial drug related activ ity and the property owner's knowledge, which reads as follows:
"41-3-1.1.
(a) As used in this Code section, the term:
(1) 'Drug related indictment' means an indictment by a grand jury for an offense in volving violation of Code Section 16-13-30; provided, however, that any such indict ments which result directly from cooperation between the property owner and a law enforcement agency shall not be considered a drug related indictment for purposes of this Code section.
(2) 'Substantial drug related activity' means activity resulting in six or more sepa rate incidents resulting in drug related indictments involving violations occurring within a 12 month period on the same parcel of real property.
(b) Any owner of real property who has actual knowledge that substantial drug re lated activity is being conducted on such property shall be guilty of maintaining a nui sance, and such real property shall be deemed a nuisance and may be enjoined or oth erwise abated as provided in this chapter.
(c) The owner of real property shall be deemed to have actual knowledge of substan tial drug related activity occurring on a parcel of real property if the district attorney of the county in which the property is located notifies the owner in writing of three or more separate incidents within a 12 month period which result in drug related indict ments and, after the receipt of such notice and within 12 months of the first of the in cidents resulting in a drug related indictment which are the subject of such notice, three or more separate incidents occur which result in drug related indictments."
SECTION 2.
Said title is further amended by inserting a new chapter to be designated Chapter 4 to read as follows:
"CHAPTER 4
41-4-1.
The General Assembly finds and declares the following:
(1) There is an illicit drug crisis in the State of Georgia which is plaguing our neighborhoods and our housing and rental accommodations;
(2) Illicit drugs have caused an increase in crime and violence and a deterioration in the habitability of housing and rental accommodations, as well as diminished prop erty values;
(3) Activity relating to illicit drugs affects not only the immediate area where the activity occurs, but also the surrounding properties and neighborhoods and the peo ple who live there, thus damaging the innocent as well as the guilty;
(4) There is empirical evidence that activity relating to illicit drugs is facilitated by failure to maintain property in good repair and to provide adequate lighting and se curity; and

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(5) Currently, there are inadequate incentives for property owners to take a more active role in preventing the continued or recurrent use of their property for the manufacture, use, sale, storage, or distribution of controlled substances or marijuana. 41-4-2.
As used in this chapter, the term:
(1) 'Drug related nuisance' means a property, in whole or in part, which is the site of continued or recurrent illegal activities relating to controlled substances or mari juana and adversely affecting other nearby properties and the persons who reside on or own such nearby properties by such illegal activities.
(2) 'Illegal activities relating to drugs' means any activity which violates any provi sion of Chapter 13 of Title 16, relating to controlled substances and marijuana, and any other unlawful activity which facilitates the purchase, possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with the in tent to distribute of any controlled substance or marijuana which violation is a felony.
(3) 'Knowingly' means having actual awareness.
(4) 'Owner' means a person, individual, corporation, partnership, trust association, joint venture, or any other business entity in whom is vested all or any part of the title to property and the agents of such an individual or entity.
(5) 'Property1 means real property or an interest in real property which:
(A) Is being used for residential purposes; or
(B) Has a structure which has been used for residential purposes; or
(C) Has a structure which was built for and intended for residential purposes; and
(D) Extends to the boundaries of the lot upon which a structure is situated and anything growing on, affixed to, or found upon the land. 41-4-3.
The Attorney General, a prosecuting attorney for the political subdivision, the attor ney for the county or municipality, or any person who is aggrieved by the drug related nuisance, including a tenant of the property, may file an action to abate, enjoin, and prevent the continuance of a drug related nuisance. An action shall be commenced by the filing of a complaint in the superior court of the county in which the alleged nui sance is situated alleging the existence of the drug related nuisance and the liability of the defendant. 41-4-4.
(a) A verified complaint or affidavits attached to the complaint shall describe the evi dence that illegal activities relating to drugs exist at the specified property or that the specified property is the locus for illegal activities relating to drugs. The complaint shall describe the adverse impact primarily associated with such illegal activities re lating to drugs upon the surrounding neighborhood. The complaint shall describe with specificity the dimensions or boundaries of the real property alleged to be a drug re lated nuisance. The complaint shall also include data known to the plaintiff regarding police and government efforts to correct the drug related nuisance, including, but not limited to, telephone calls to a law enforcement agency for assistance at the subject property; police dispatch to the property, if any; arrests; investigative efforts made by police; and the status of cases brought against persons for illegal drug activities.

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(b) In any complaint filed pursuant to the provisions of this chapter, the plaintiff shall allege that incidents have occurred on the subject property within 18 months and that such incidents have resulted in three or more indictments, accusations brought by a prosecuting attorney, pleas, or convictions of one or more illegal activities relating to drugs. Any complaint filed pursuant to the provisions of this chapter which fails to al lege the occurrence within the specified period of incidents resulting in such indict ments, accusations brought by a prosecuting attorney, pleas, or convictions shall be dismissed. If a plaintiff fails to prove the occurrence within the specified period of such incidents and such resulting indictments, accusations, pleas, or convictions, an action filed pursuant to the provisions of this chapter shall be dismissed. For the pur poses of this subsection, an indictment, accusation brought by a prosecuting attorney, plea, or conviction which results directly from cooperation between a property owner and a law enforcement agency shall not be considered an indictment, accusation brought by a prosecuting attorney, plea, or conviction of one or more illegal activities relating to drugs.
(c)(l) The plaintiff shall attach to the complaint an affidavit setting out reasonable and diligent attempts to notify the owner of the property of the illegal activities re lating to drugs and their adverse impact. Not less than 60 days prior to filing the complaint, the plaintiff shall mail a notice by certified mail, return receipt re quested, to each owner of record of the property and a notice to each owner of record of the property by regular mail. The notice shall set forth the alleged illegal activi ties relating to drugs and include a statement that the plaintiff may file an action to abate or enjoin the alleged nuisance if the owner or owners of the property do not promptly take measures to abate the alleged nuisance. Not less than 30 days prior to filing the complaint, the plaintiff shall mail a notice by certified mail, return re ceipt requested, to each owner of record of the property and a notice to each owner of record of the property by regular mail. The notice shall set forth the alleged ille gal activities relating to drugs and include a statement that the plaintiff intends to file an action to abate or enjoin the alleged nuisance.
(2) If no owner has been found after due diligence, then an action may be main tained against the property in question.
(c) When an action is brought under this chapter by a private individual, the com plaint shall be supported by at least two individuals residing on or owning real prop erty within 1,000 feet of the property alleged to be a drug related nuisance. Such sup port shall be in the form of an affidavit attesting to the fact that the residence of the affiant is within 1,000 feet of the alleged drug related nuisance or that the affiant owns property within 1,000 feet of the alleged drug related nuisance, that the affiant has witnessed acts which are evidence of or occurrences of illegal activities relating to drugs, and that the affiant is aware of an adverse impact of the alleged drug related nuisance.
41-4-5.
(a) Upon a filing of a motion for a preliminary injunction to abate the alleged drug re lated nuisance, the plaintiff shall be entitled to a hearing on the motion within ten days of the filing. After notice to all parties and a hearing, if the court finds that there is a substantial likelihood that the plaintiff will be able to prove the existence of a drug related nuisance by a preponderance of evidence, the superior court may issue a preliminary injunction and grant other relief as the court may deem to be appropri ate, including those remedies provided by Code Section 41-4-9.

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(b) The court shall, after notice to all parties, review any preliminary injunction is sued in accordance with this chapter in a hearing on or about 30 days from the date of issuance of the preliminary injunction.
(c) This Code section shall not be construed to prohibit the application for or the granting of other equitable relief provided by law.
41-4-6.
No security bond shall be required for the issuance of a preliminary injunction or tem porary restraining order sought by the Attorney General, district attorney, or an attor ney appearing for the county or municipality. At the discretion of the court, a security bond may be required for the issuance of a preliminary injunction or temporary re straining order sought by a plaintiff who is a private individual. 41-4-7.
(a) Upon a finding by the court that a defendant is engaged in legal proceedings to ob tain possession of the property or other good faith efforts involving the filing of an ac tion at law or equity in attempting to reduce significantly or eliminate illegal activities relating to drugs at the property, the court shall stay an action filed under this chap ter pending a judgment in such legal or equitable actions, unless the court finds, after notice and hearing, that the defendant has engaged in a pattern or practice of renting or leasing the property to persons who have engaged in illegal activities relating to drugs at or on the property. Evidence that a defendant previously granted a stay in accordance with this subsection has subsequently rented or leased the property to a tenant or tenants who have engaged in illegal activities relating to drugs at or on the property shall be grounds for a finding that the defendant has engaged in a pattern or practice of renting or leasing the property to persons who have engaged in illegal ac tivities relating to drugs at or on the property.
(b) The court may stay an action filed under this chapter upon a showing by the defendant that the defendant is taking specific actions in a good-faith effort to abate the nuisance, including, but not limited to, correcting any housing code or health code violation which is related to the use or ease of use of the property for illegal activities relating to drugs.
41-4-8.
(a) To prevail in an action filed under the provisions of this chapter, a plaintiff is re quired to establish by a preponderance of the evidence that a drug related nuisance as defined in Code Section 41-4-2 exists and to establish that the defendant is liable.
(b) To prove liability of a defendant, the plaintiff must prove that such defendant, by his or her acts or omissions, knowingly or recklessly created or maintained a premises or place where persons gather for purposes of engaging in illegal activities relating to drugs, which condition endangers the safety or health of persons not participating in such illegal activities who reside on the property or near the property or who own property near such alleged nuisance.
41-4-9.
(a) A judgment for a plaintiff in an action filed pursuant to this chapter may include an injunction to restrain, abate, and prevent the continuance of the drug related nui sance. The court may grant any other relief deemed necessary to accomplish the pur poses of the injunction or order and enforce the judgment or order.
(b) The court may retain jurisdiction of the case for the purpose of enforcing its orders.

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(c) Upon final adjudication, the court shall have additional power to fashion any one or more of the following remedies:
(1) Assess costs of the action against the defendant;
(2) Assess reasonable attorney's fees incurred in filing and prosecution of the complaint;
(3) Order the owner to clean up the property and make repairs upon the property;
(4) Order the owner to make additional reasonable expenditures upon the property to make the property less usable as a site for illegal activities relating to drugs;
(5) Order the suspension of any state, city, or local governmental subsidies payable to the owner of the property, including, but not limited to, tenant assistance pay ments to landlords until the nuisance is abated; and
(6) Impose a civil fine on the defendant of up to $1,000.00 per day for each day the drug related nuisance continues to exist, beginning with the date of the order. An order issued pursuant to this paragraph may be terminated by the court upon a showing by the defendant that the drug related nuisance has been abated and may include a provision for termination upon the accumulation of a fine equal to a speci fied amount, and for seizure and sale of the property to satisfy the fine in the same manner as sheriffs sales of property to satisfy judgments.
(d) Notwithstanding any provision of this chapter to the contrary, a defendant shall be entitled to a trial by jury. 41-4-11.
(a) A violation of any court order issued pursuant to this chapter is punishable as a contempt of court. Evidence concerning the duration and repetitive nature of the viola tions shall be considered by the court in determining the penalty for contempt.
(b) Upon finding that a defendant has violated an order issued pursuant to this chap ter, the court may issue any additional orders necessary to abate the drug related nui sance or to carry out the punishment for contempt.
(c) The court may suspend the effectiveness of an order of abatement for no more than 90 days if the owner avers under oath that he or she will immediately undertake spec ified measures to abate the nuisance for the following two-year period. An order sus pending an abatement order pursuant to this subsection may not be issued for the benefit of a defendant who has been found in contempt of court as part of the same action. An order issued pursuant to this subsection is a suspension and is not a with drawal of the original order.
(d) The court shall cancel the order of abatement if the owner of the property satisfies the court that the drug related nuisance has been abated for the past 90 days, corrects any housing code or health code violation which is related to the use or ease of use of the property for illegal activities relating to drugs, and posts a bond in an amount to be determined by the court. The bond shall be forfeited if the court finds, after notice and hearing, that the drug related nuisance has recurred during the two-year period following the cancellation of the order of abatement. 41-4-12.
The provisions of this chapter are intended to be cumulative of any other remedies and shall not be construed to repeal any other existing remedies for nuisances or drug related nuisances."
SECTION 3.

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All laws and parts of laws in conflict with this Act are repealed.
Senator Fort of the 39th offered the following amendment:
Amend the committee substitute to SB 180 by striking lines 2 through 31 of page 1 and inserting in lieu thereof the following:
"Annotated, relating to nuisances, so as to provide that a city or county attorney or so licitor-general may file an action to abate a public nuisance or a nuisance which is a place used for unlawful sexual activity or substantial drug related activity; to provide that the provisions of Code Section 41-3-1.1, relating to substantial drug related activ ity upon real property, are cumulative of other remedies; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for".
By inserting between lines 3 and 4 of page 2 the following:
"Section 41-2-2, relating to filing petitions to abate nuisances, and inserting in lieu thereof the following:
'41-2-2.
Private citizens may not generally interfere to have a public nuisance abated. A petition complaint must be filed by the district attorney, solicitor-general, city attorney, or county attorney on behalf of the public. However, a public nuisance may be abated upon filing of a petiliuu complaint by any private citizen specially injured.'
SECTION 2.
Said title is further amended in Code".
By striking lines 5 through 40 of page 2 and inserting in lieu thereof the following:
"activity and the property owner's knowledge, by inserting a new subsection to be desig nated subsection (d) to read as follows:
'(d) The provisions of this Code section are cumulative of any other remedies and shall not be construed to repeal any other existing remedies or drug related nuisances.'"
By striking lines 1 through 39 of page 3, lines 1 through 40 of page 4, lines 1 through 45 of page 5, lines 1 through 43 of page 6, lines 1 through 43 of page 7, lines 1 through 41 of page 8, lines 1 through 42 of page 9 and lines 1 and 2 of page 10.
By inserting between lines 3 and 4 of page 10 the following:
"Said title is further amended by striking in its entirety Code Section 41-3-2, relating to actions to enjoin nuisances which are places used for unlawful sexual purposes or places of substantial drug related activity, and inserting in lieu thereof the following:
'41-3-2.
Whenever a nuisance is kept, maintained, or exists, as defined in Code Section 41-3-1 or 41-3-1.1, the district attorney, the solicitor-general, city attorney, or county attor ney, or any private citizen of the county may maintain an action in the name of the state upon the relation of such district attorney or private citizen to enjoin said nui sance perpetually, the person or persons conducting or maintaining the same, and the owner or agent of the building, structure, or place, and the ground itself in or upon which such nuisance exists. In an action to enjoin a nuisance, the court, upon applica tion therefor alleging that the nuisance complained of exists, shall order a temporary restraining order or an interlocutory injunction as provided in Code Section 9-11-65.'
SECTION 4.
This Act shall become effective July 1, 1999.

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SECTION 5.".
On the adoption of the amendment, the yeas were 39, nays 0, and the Fort amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Port Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 55, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 230. By Representatives Stuckey of the 67th, Snow of the 2nd, Cooper of the 31st and others:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Anno tated, the "Georgia Securities Act of 1973," and Chapters 6 and 11 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child sup port generally and enforcement of the duty of support, respectively, so as to authorize the denial, suspension, denial of the renewal of, or revocation of the registration of a securities salesperson or investment adviser representative upon notice that an applicant for or a holder of such a registration is not in compliance with an order for child support.

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HB 855. By Representatives Lane of the 146th, Hanner of the 159th, Parham of the 122nd and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Geor gia Annotated, relating to the registration and licensing of motor vehicles gen erally, so as to provide for special license plates to fund programs relating to the restoration of the bobwhite quail population in this state.
HB 727. By Representatives Lane of the 146th and Martin of the 145th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to provide that the failure to use a safety belt in a motor vehicle designed primarily for on-road use shall not be considered by a finder of fact evidence of negligence or causation.
The Calendar was resumed.
The following bill, having been read the third time on March 8, and final action sus pended pursuant to Senate Rule 143, was continued upon its passage:
SB 132. By Senators Fort of the 39th, Scott of the 36th and Walker of the 22nd:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline, so as to require lo cal boards of education to file annual reports with the State Board of Educa tion regarding student discipline actions; to provide for the contents of such reports; to provide for a penalty for failure to file such reports.
The substitute offered by Senator Fort of the 39th as it appears in the Journal of March 8, was automatically reconsidered.
Senators Johnson of the 1st and Lamutt of the 21st offered the following amendment:
Amend the substitute offered by Senator Fort of District 39 to SB 132, such substitute bill being designated LC 27 0891S, by striking the word "To" on line 1 of page 1 and in serting in lieu thereof the following:
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the 'Quality Basic Education Act,' so as to require local boards of education to adopt policies defining the adequate academic performance of students and to prohibit the promotion of students in violation of such policies; to".
By inserting immediately following line 19 of page 1 the following:
"SECTION A.
Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the 'Quality Basic Education Act,' is amended in Part 2, relating to competencies and core curricu lum, by adding at the end thereof a new Code section, to be designated as Code Section 20-2-146, to read as follows:
'20-2-146.
(a) Local boards of education shall adopt policies defining the adequate academic per formance of students, and no student shall be promoted from one grade to another in violation of that policy.

WEDNESDAY, MARCH 10, 1999

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(b) The restriction on promotion in this Code section shall not apply to any disabled student who is lawfully assigned to a special education program unless such restric tion is consistent with the student's Individualized Education Program.'"
Senator Walker of the 22nd requested a ruling by the Chair as to the germaneness of the amendment.
The President ruled the amendment not germane.
On the adoption of the substitute, a roll call was taken, and the vote was as follows:

N Balfour N Blitch Y Bowen Y Broun, 46th
Brown, 26th N Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean Y Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D N Johnson.E Y Kemp N Ladd N Lamutt N Land Y Lee Y Madden
Marable Y Meyer von Bremen N Perdue Y Polak

N Price,R Price,T Ragan
N Ray N Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes
Streat N Tanksley Y Tate N Thomas,D Y Thomas.N Y Thompson Y Walker N Williams

On the adoption of the substitute, the yeas were 30, nays 21, and the substitute was adopted.

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

N Balfour N Blitch Y Bowen Y Broun, 46th Y Brown, 26th N Brush N Burton Y Butler N Cable N Cagle N Cheeks N Crotts Y Dean N Egan Y Fort

Y Gillis N Gingrey N Golden N Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D N Johnson,E Y Kemp N Ladd

N Lamutt N Land Y Lee
Madden Marable Y Meyer von Bremen N Perdue Y Polak N Price,R Price.T Y Ragan N Ray N Roberts Y Scott Y Smith

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Y Starr N Stephens
Stokes Streat

N Tanksley Y Tate
Thomas.D Y Thomas.N

Y Thompson Y Walker N Williams

On the passage of the bill, the yeas were 27, nays 23.
The bill, having failed to received the requisite constitutional majority, was lost.
Senator Fort gave notice that at the proper time, he would move that the Senate recon sider its action in defeating SB 132.
The President announced that, pursuant to Senate Rule 94, the proper time to entertain the motion would be 11:56 a.m., today.

SB 259. By Senators Hecht of the 34th, Kemp of the 3rd, Meyer von Bremen of the 12th and others:
A bill to amend Code Section 9-11-28 of the Official Code of Georgia Anno tated, relating to persons before whom depositions may be taken, and Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, "The Geor gia Court Reporting Act," so as to change provisions relating to disqualifica tion of court reporters from reporting depositions for interest; to prohibit speci fied contracts; to provide for exceptions; to provide definitions.
The Senate Special Judiciary Committee offered the following substitute to SB 259:
A BILL
To be entitled an Act to amend Code Section 9-11-28 of the Official Code of Georgia An notated, relating to persons before whom depositions may be taken, and Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, "The Georgia Court Re porting Act," so as to prohibit specified contracts; to change disclosure provisions; to pro vide that depositions taken in violation of such provisions shall be voidable; to provide definitions; to change penalties relating to illegal court reporting and to provide for pen alties relating to the illegal conduct of court reporting firms; to require registration of court reporting firms; to authorize rules and regulations; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 9-11-28 of the Official Code of Georgia Annotated, relating to persons before whom depositions may be taken, is amended by striking in their entirety subsec tions (c) and (d), and inserting in lieu thereof the following:
"(c) Disqualification for interest. No deposition shall be taken before a court reporter who is a relative, employee, attorney, or counsel of any of the parties, or who is a rela tive or employee of such attorney or counsel, or who is financially interested in the ac tion. For purposes of this subsection, an 'employee' includes a person or agent of a person or entity providing court reporting services who has a contractual relationship with a party litigant or with the insurer of a party litigant to provide reporting or other court reporting services.
(d) Prohibitions. Any party litigant, counsel for any party litigant, insurer of any party litigant, or anyone financially interested in the outcome of the case is prohibited from having a contractual relationship with a certified court reporter or court reporting firm, as defined in Code Section 15-14-22, or any entity providing court reporting ser-

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vices, for the action, case, matter, or controversy pending before a court or administra tive body other than an agreement to appear at a designated time and place for the reported matter.
fd)(e) Disclosure. Each cuuit repurtei--shall discluse un the recuid m cveiy deposition
laficii Llic uuiu^/lcLc aiAaiig^diiGiiL, imaii^idl ui uLlici wioc, uiauc ucuwccii llic; icfjuiLci ui
ui uthei paity making suih an alignments with the lepuitei, peisuri, ui entity. Disclo sure by the court reporter, party litigant, counsel of record, insurer of any party liti gant, or anyone financially interested in the outcome of the case, as to any contractual relationship with the certified court reporter, court reporting firm, or entity providing court reporting services, must be made upon the record at the start of the deposition or reporting incident.
(f) The provisions of subsections (d) and (e) of this Code section shall not apply to the state or any political subdivision of the state unless the state or political subdivision is a party litigant.
(g) Depositions taken in violation of the provisions of subsections (d) and (e) of this Code section shall be voidable at the sole option of the party or parties who have not violated this rule with respect to the deposition. In the event the party declares the deposition void in accordance with this rule, the deposition shall not be used for any purpose whatsoever."
SECTION 2.
Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, "The Geor gia Court Reporting Act," is amended in Code Section 15-14-22, relating to definitions, by inserting a new paragraph to be designated paragraph (5) to read as follows:
"(5) 'Court reporting firm' means a partnership or other business entity employing one or more persons engaged in the practice of court reporting."
SECTION 3.
Said article shall be further amended by striking in its entirety Code Section 15-14-36, relating to penalties for violations, and inserting in lieu thereof the following:
"15-14-36.
Any persons person who:
(1) Repieseiit themselves Represents himself or herself as having received a certifi cate or temporary permit as provided for in this article or piactice practices as a certified court reporter, without having received a certificate or temporary permit;
(2) Cuiitiime Continues to practice as a court lepuileis reporter in this state or tree uses any title or abbreviation indicating they aie he or she is a certified court re= puitei's reporter after Lheii certificates have his or her certificate has been revoked; or
(3) Violate Violates any provision uf this aitiule ur of subsection (c) or (d) of Code Section 9-11^28
shall be guilty of a misdemeanor. Each day of the offense is a separate misdemeanor."
SECTION 4.
Said article is further amended by striking in its entirety Code Section 15-14-37, relat ing to the prohibition of certain contracts and the duty of court reporters to inquire as to the nature of the contract, and inserting in lieu thereof the following:

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JOURNAL OF THE SENATE

"15-14-37.

\&) t/Ontr&CtS tor COuil L i'c^Oi Lliig Sci'vlC

ith whom a m

i c^jOl tci IiciS ct J^l J.iiC.iJjck.1 <xi.iu iigciAC^ x~clciLiuii9lij.j cuiu ttilj' dLtOi iicj' aC IstW , jetl1I/y LO iili

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ton

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(b) In urdei lu comply with subsection (a) of this Code section, each certified omit IK

Lji^tcil Slicill 111&K.C; 111QUJ.1V I'&tfoi ui.ii$^ l/liti iidLuic ul Llic COilti'dCC tOT lilti 01 liei StilVlCti

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Oi' xiiiSLi' u.ili^iiLtklll'ico OI Uic/ LJiiiL^u i!j L<4l/t;B ui1 ul Hitt kJLdLc ui U"cu

(a) A court reporting firm shall register with the board by completing an application in the form adopted by the board and paying fees as required by the board.

(b) Each court reporting firm shall renew its registration annually on or before April 1 following the date of initial registration, by payment of a fee set by the board.

(c) It is the intention of the General Assembly that court reporting firms are governed by this article, with the exception that reporting firms are registered and not certified. The board shall have authority to promulgate rules and regulations not inconsistent with this article for the conduct of court reporting firms.
(d) The board is authorized to assess a reasonable fine, not to exceed $5,000.00, against any court reporting firm which violates any provision of this article or rules and regulations promulgated in accordance with this Code section."

SECTION 5.

This Act shall become effective on the first day of July following its approval by the Gov ernor or upon its becoming law without such approval.
SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks

Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill

Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee

WEDNESDAY, MARCH 10, 1999

1001

Y Madden Marable
Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan

Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes
Streat

Y Tanksley Y Tate Y Thomas.D
Thomas.N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 557. By Representatives Burkhalter of the 41st, Stuckey of the 67th and Coleman of the 142nd:
A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Anno tated, relating to forest and plant resources, so as to provide for legislative in tent; to establish a state tree protection law and provide for its standards and applicability.
The time having arrived to entertain the reconsideration motion, Senator Fort of the 39th moved that the Senate reconsider its action previously today, in defeating the fol lowing bill:
SB 132. By Senators Fort of the 39th, Scott of the 36th and Walker of the 22nd:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline, so as to require lo cal boards of education to file annual reports with the State Board of Educa tion regarding student discipline actions; to provide for the contents of such reports; to provide for a penalty for failure to file such reports.
On the motion, the yeas were 30, nays 17; the motion prevailed, and SB 132 was re considered and placed on the Senate General Calendar.
Senator Fort of the 39th recognized members of the Gate City Bar Association, com mended by SR 185, adopted previously.
The President announced that the Senate would stand in recess until 1:00 p.m.
The President called the Senate to order at 1:00 p.m.
The Calendar was resumed.

SB 235. By Senators Hill of the 4th, Thomas of the 10th, Jackson of the 50th and others:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, relating to elections and primaries generally, so as to provide for early voting and to make conforming changes; to provide for powers and duties of

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boards of elections, boards of elections and registration, and municipalities re garding early voting; to provide for opening of the main office of the board of registrars or early ballot clerk.
Senators Gingrey of the 37th and Tanksley of the 32nd offered the following amendment:
Amend SB 235 by inserting after the word and symbol "programs;" on line 19 of page 1 the following:
"to amend Code Section 21-2-382 of the Official Code of Georgia Annotated, relating to additional sites as additional registrar's office or place of registration for absentee bal lots, so as to provide that the board of registrars may establish other government buildings generally accessible to the public as additional registrar's offices or places of registration for the purpose of receiving absentee ballots and for the purpose of voting absentee ballots;".
By inserting between lines 38 and 39 on page 16 the following:
"Code Section 21-2-382 of the Official Code of Georgia Annotated, relating to additional sites as additional registrar's office or place of registration for absentee ballots, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) Any other provisions of this chapter to the contrary notwithstanding, the board of registrars may establish additional sites as additional registrar's offices or places of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385, provided that any such site is a branch of the county courthouse, a courthouse annex, or a gov ernment service center providing general government services, or another government building generally accessible to the public.'
SECTION 16."
By renumbering Sections 16 and 17 as Sections 17 and 18, respectively.
On the adoption of the amendment, the yeas were 35, nays 0, and the Gingrey, Tanksley amendment was adopted.
Senator Hill of the 4th offered the following amendment:
Amend SB 235 by adding after the word and symbol "voting;" on line 6 of page 1 the following:
"to provide that municipalities shall have the option of implementing early voting:".
By adding after the word and symbol "repeal;" on line 21 of page 1 the following:
"to provide for a sunset date;".
By inserting after the word "establish" on line 12 of page 9 the following:
"for county, state, and federal elections and to allow municipalities to establish for municipal elections".
By inserting at the beginning of line 23 on page 9 the following:

WEDNESDAY, MARCH 10, 1999

1003

"It is the intent of the General Assembly to encourage municipalities to implement the early voting procedures provided for in this article. If the governing authority chooses to allow early voting in municipal elections, it shall so state in a duly passed ordi nance that it shall establish early voting in its jurisdiction in compliance with this article."
By striking from line 23 on page 9 the word "shall" and substituting the word "may".
By striking from line 32 on page 9 the word "twenty-first" and substituting the word "fifteenth".
By striking from line 9 on page 10 the phrase "early ballot clerk" and substituting the phrase "the governing authority of the municipality".
By inserting between lines 28 and 29 on page 10 the following:
"(c) If a board of registrars or municipal governing authority chooses to designate other locations within the county or city as additional early voting locations, such des ignations may only be made upon the unanimous vote of the county board of regis trars or the governing authority of the municipality, as appropriate."
By inserting between lines 8 and 9 on page 17 the following:
"The provisions of this Act shall be repealed by operation of law on July 1, 2003, un less prior to that date the General Assembly passes legislation to continue early voting.
SECTION 18."
On the adoption of the amendment, the yeas were 42, nays 0, and the Hill amendment was adopted.
Senators Johnson of the 2nd and Williams of the 6th offered the following amendment:
Amend SB 235 by striking on page 10, line 15 the words "either a" and "or Sunday or both" and by striking on page 10, line 24 the words "and one Sunday".
On the adoption of the amendment, Senator Johnson of the 2nd called for the yeas and nays. The call was sustained, and the vote was as follows:

Y Balfour Y Blitch Y Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle
Cheeks Crotts Y Dean N Egan N Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Harbison Y Hecht N Hill
Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue N Polak

Y Price,R Y Price,T
Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley N Tate Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

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On the adoption of the amendment, the yeas were 41, nays 9, and the Johnson of the 2nd, Williams amendment was adopted.
The following communication was received by the Secretary:
March 10, 1999
Hon. Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Ref.: Electronic Voting / Senate Session / 33rd Day
Dear Mr. Eldridge:
I am writing regarding my vote on Wednesday, March 10, 1999 on SB 235 / Amendment 3, where I inadvertently pushed the wrong button when the electronic vote was taken.
I would like to have my vote changed in the record to reflect a "YES" vote in favor of the Amendment submitted by the Senator from the 2nd District.
Thank you for taking care of this matter.

Respectfully, is/ Horacena Tate
Senator, District 38
The report of the committee, which was favorable of 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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th
Brush Y Burton Y Butler Y Cable Y Cagle
Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey N Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land N Lee Y Madden Y Marable N Meyer von Bremen Y Perdue Y Polak

N Price.R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 50, nays 4. The bill, having received the requisite constitutional majority, was passed as amended.

WEDNESDAY, MARCH 10, 1999

1005

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 812. By Representatives Sauder of the 29th, Murphy of the 18th, Walker of the 141st and others:
A bill to amend Article 2 of Chapter 1 of Title 31 of the Official Code of Geor gia Annotated, relating to patient access to eye care, so as to provide for a blindness education, screening, and treatment program, subject to availability of funds derived from voluntary contributions; to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to application and fees for motor vehicle drivers' licenses, so as to provide that voluntary contributions for certain purposes may be made at time of application.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 412. By Representatives McBee of the 88th, Walker of the 141st, Heard of the 89th and others:
A resolution designating the Museum of Natural History at the University of Georgia as the State Museum of Natural History, to be known as the Georgia Museum of Natural History.
HR 425. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A resolution creating the Governor's Education Reform Study Commission.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 429. By Representative Crawford of the 129th:
A bill to amend Code Section 44-14-3 of the Official Code of Georgia Anno tated, relating to cancellation by the grantee or holder upon payment of the indebtedness secured by a mortgage or conveyance to secure debt, so as to change a provision relating to liability of the grantee or holder for failure to transmit a cancellation of the mortgage or conveyance to secure debt upon payment of the indebtedness.
HB 449. By Representatives Henson of the 65th, Bannister of the 77th, Ragas of the 64th and others:
A bill to amend Code Section 12-3-194.1 of the Official Code of Georgia Anno tated, relating to the police and legislative powers of the Stone Mountain Me morial Association, so as to provide for the exercise of police powers by the association.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 407. By Representatives Ehrhart of the 36th, Alien of the 117th and Wiles of the 34th:

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A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Geor gia Annotated, relating to general provisions relative to child custody proceed ings, so as to provide for certain rights of children at least ten but less than 14 years old.
HB 562. By Representatives Powell of the 23rd, Parrish of the 144th, Cash of the 108th and others:
A bill to amend Chapter 6 of Title 13 of the Official Code of Georgia Anno tated, relating to damages and costs generally in connection with contracts, so as to change the provisions relating to damages for writing bad checks; to pro vide that damages shall include any fees charged to the holder of the instru ment by a bank or financial institution as a result of the instrument not being honored.
The Calendar was resumed.
SR 211. By Senator Kemp of the 3rd:
A resolution creating the Senate Study Committee on Coastal Surface Water and the Coastal Surface Water Technical Advisory Committee.
The Senate Natural Resources Committee offered the following substitute to SR 211.
A RESOLUTION
Creating the Senate Study Committee on Coastal Surface Water and the Coastal Surface Water Technical Advisory Committee; and for other purposes.
WHEREAS, Georgia rivers serve as a vital source of fresh water essential to the func tions of coastal ecosystems, including those supporting commercial and recreational fish eries; and
WHEREAS, limitations on the use of the Floridian aquifer have created interest in the evaluation of these rivers as an alternative source of water supply in the coastal regions; and
WHEREAS, scientific understanding of the capacity of Georgia rivers to support waterdependent species, including commercial and recreational fisheries, is severely limited; and
WHEREAS, experts in aquatic and marine biology believe that there is significant risk in further permitting the withdrawal of water from coastal Georgia rivers until more sci entific information is obtained about the relationships between these resources and coastal ecosystems; and
WHEREAS, among the ecosystems at risk are those which serve as habitat for commer cial and recreational fisheries that contribute over $500 million a year to the state's economy and support thousands of jobs in the coastal region; and
WHEREAS, there is evidence suggesting significant declines in several commercial and recreational fisheries species caused by reduced river low-flow conditions, depletion of natural outflow into coastal estuaries from ground-water sources, increasing salinity within intertidal areas of Georgia's coast, and disruption of flow patterns due to various land-disturbing activities; and

WEDNESDAY, MARCH 10, 1999

1007

WHEREAS, numerous private citizens; local governments; state and federal agencies; educational institutions; professional biologists, ecologists, and other scientists; busi nesses; environmental organizations; and commercial and recreational fishermen and seafood processors have expressed serious concern about the future use and condition of coastal rivers in light of long-term public interest; and
WHEREAS, resolving controversy arising from the proposed uses of coastal rivers and establishing an accountable, reliable, and equitable process for properly managing these resources requires adequately funded and well-planned scientific research, public educa tion, and ongoing monitoring studies to provide the Environmental Protection Division of the Georgia Department of Natural Resources with the means for implementing such a process in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Study Committee on Coastal Surface Water to be composed of 35 members, in cluding of four members of the Senate to be appointed by the President of the Senate. The President of the Senate shall also appoint 11 additional members, consisting of one from each of the 11 counties in the area designated as the coastal zone, and shall ap point 16 additional members so as to ensure representation from each of the following organizations: the Association County Commissioners of Georgia, the Brunswick/Glynn County Water Authority, the Chatham/Savannah Metropolitan Planning Commission, the Coastal Georgia Center for Sustainable Development, the Coastal Georgia Regional Development Center, the Georgia Agribusiness Council, the Georgia Farm Bureau Feder ation, the Georgia Municipal Association, the Georgia Fisherman's Association, the Geor gia Forestry Association, Georgia Pulp and Paper Manufacturer's Association, the Geor gia Rural Water Association, the Georgia Waterman's Association, the Georgia Wildlife Federation, The Nature Conservancy, the Sierra Club, the Georgia Conservancy, and The Coastal Environmental Organization. All such members shall represent the inter ests served by the surface waters of the coastal region. Ex officio members will include the Director of the Environmental Protection Division of the Georgia Department of Nat ural Resources and the Director of the Georgia Environmental Facilities Authority. The Chairperson of the Senate Natural Resources Committee shall be chairperson of the study committee. The chairperson may call meetings of the committee, which shall meet not more than five times before reporting by the end of calendar year 1999. Appoint ments shall be made by April 15, 1999, and the first meeting shall be held by May 15, 1999.
BE IT FURTHER RESOLVED that the study committee shall undertake a study of the existing and projected needs, issues, problems, and alternatives related to any of the above aspects of water supply and environmental support functions of Georgia surface waters in the coastal rivers. The study committee will recommend research, legislation, regulations, or other actions deemed appropriate. These actions shall include but are not limited to defining the current state of scientific knowledge; short and long-term risks associated with water use and condition at this level of understanding; urgency and im portance of needed research; environmental monitoring and enforcement functions; pri orities for resource protection and the means for achieving it, including legislative and regulatory remedies; local land use decisions as these affect water quality and quantity; projected water uses and demands; water conservation protential; long-term trends in water volume and quality as well as the sources and consequences of these trends; inte grating various relevant planning activities, including watershed management plans, county water supply plans, county service delivery plans, and local comprehensive plans; relationships between surface-water and ground-water; education and public awareness

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about relevant water resource issues; and the costs and funding alternatives for imple menting recommended actions. The study committee may consider making recommen dations for lowering the threshold for permitting and reporting water use and wastewater discharge; improving the accuracy, timeliness, and accountability of information about permitted activities; legal remedies and their application related to permit viola tions; and consideration of legal controls for ensuring protection of the public interest in contracts for private water treatment and distribution, and waste-water collection, treat ment, and discharge under Georgia and federal laws.
BE IF FURTHER RESOLVED that there is created the Coastal Surface Water Technical Advisory Committee, consisting of members of the scientific community selected by the chairperson of the study committee to assist the committee and the Environmental Pro tection Division in the development of recommendations on the methodology and scope of scientific and other technical studies necessary to provide sufficient data to develop a reliable, accountable, and coherent water resources management plan. The technical ad visory committee may include representatives from the Marine Studies Program of the University of Georgia; the Georgia SeaGrant Program; the Marine Extension Program of the University of Georgia; the Department of Geology and Geography, Georgia Southern University; the Skidaway Institute of Oceanography; the Institute of Government; the Marine Biology Department, Savannah State University; Coastal Resources Division, Georgia Department of Natural Resources; the Southern Environmental Law Center; and the Georgia Center for Law in the Public Interest. The chairperson shall also nomi nate representatives of any Endangered Species Recovery Team for which surface-water flow needs have been identified as "critical" or which are under consideration for such designation. More than one appointment may be made representing these organizations as deemed appropriate by the chairperson. Outside expertise may be nominated as needed by each of these organizations or by any other organization designated for repre sentation on the technical advisory committee by the chairperson.
BE IT FURTHER RESOLVED that the study committee may conduct such meetings at such times and places as it may deem necessary to enable the successful completion of its charge under this resolution, so long as these meetings are well publicized and held in locations that are accessible to members of the public, as required for public hearings under Chapter 14 of Title 50 of the O.C.G.A. The legislative members of the study com mittee shall receive the allowances authorized for legislative members of interim com mittees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate. No allowance shall be paid for other mem bers of the committee. The study committee shall make a report of its findings and rec ommendations before December 15, 1999. The technical committee may continue serv ing in a specified supporting capacity if recommended by the study committee. As so recommended, the General Assembly may consider extending, reorganizing, or abolish ing the study committee in the 2000 session.
Senator Stephens of the 51st offered the following amendment:
Amend the committee substitute to SR 211 by striking line 2 of page 1 and inserting in lieu thereof the following:
"and the Coastal Surface Water Technical Advisory Committee; creating the Senate Study Committee on State Councils, Commissions, Boards, and Committees;".
By inserting between lines 3 and 4 of page 1 the following;

WEDNESDAY, MARCH 10, 1999

1009

"Part I."
By inserting following line 38 of page 4 the following:
"Part II.
WHEREAS, there are over 270 state created councils, commissions, boards, and commit tees; and
WHEREAS, these entities were authorized and funded by the State of Georgia over the years using tax dollars, and it is appropriate now to examine which ones are successful and which are unnecessary; and
WHEREAS, specifically, for each council, commission, board, and committee, there should be determination whether the entity's original purpose is still viable, what the cost is to the state, and what the entity's mission is and whether it is being achieved; and
WHEREAS, the feasibility of a regular review process to decide which entities could be eliminated should be examined; and
WHEREAS, it is likely that many of these entities have served their purpose or are sim ply unnecessary or duplicative and that valuable time and money can be saved by elimi nating those.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Study Committee on State Councils, Commissions, Boards, and Committees to be composed of six members to be appointed by the President of the Senate. Three mem bers shall be Democratic Senators and three members shall be Republican Senators. The President of the Senate shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the condi tions, needs, issues, and problems related to the large number of state councils, commis sions, boards, and committees with the goal of determining whether 10 percent can be eliminated without harm to the state or its citizens. The committee shall recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of in terim legislative committees but shall receive the same for not more than five days un less additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for pro posed legislation, if any, such report shall be made on or before December 31, 1999. The committee shall stand abolished on December 31, 1999."
Senator Stephens of the 51st offered the following amendment:
Amend the Stephens amendment (0604) to SR 211 on page 1; striking lines 34, 35, 36, 37 and 38, and on page 2; striking the words "The members of" on line 12, and striking the lines 13 thru 17, and striking from line 18 "the funds appropriated to the Senate."
On the adoption of the amendment, the yeas were 18, nays 21, and the Stephens amend ment to the Stephens amendment was lost.
On the adoption of the Stephens amendment (0604), the yeas were 21, nays 28, and the Stephens amendment to the committee substitute was lost.

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On the adoption of the substitute, the yeas were 42, nays 0, and the committee substi tute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable
Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen
Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith
Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 51, nays 1.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

SB 146. By Senators Ray of the 48th, Hecht of the 34th, Kemp of the 3rd and others:

A bill to amend Article 2 of Chapter 14 of Title 15 of the Official Code of Geor gia Annotated, relating to training and certification of court reporters, so as to change the composition of the Board of Court Reporting of the Judicial Council by expanding the membership thereof.

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

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

Y Balfour Blitch
Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks

Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill

Y Hooks Y Huggins Y Jackson
James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee

WEDNESDAY, MARCH 10, 1999

1011

Y Madden Y Marable Y Meyer von Bremen
Perdue Y Polak Y Price,R Y Price.T Y Ragan

Y Ray Y Roberts Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat

Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

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

SR 243. By Senator Ragan of the llth:

A resolution urging the Congress of the United States to revise the Federal Crop Insurance Program.

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th
Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer von Bremen
Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House:
HB 317. By Representatives Powell of the 23rd, McCall of the 90th, Stallings of the 100th and others:

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A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to the offense of deposit account fraud, so as to change the pro visions relating to restitution to the holder of an instrument which is the sub ject of deposit account fraud.
The Calendar was resumed.

SB 251. By Senators Streat of the 19th, Ragan of the llth, Meyer von Bremen of the 12th and others:

A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Agricultural Facilities Authority; to provide for the purpose of the authority with respect to the provision of public agricultural facilities and assistance in the financing of public and private ag ricultural facilities; to provide for the membership, powers, duties, operations, and functions of the authority.

The Senate Agriculture Committee offered the following substitute to SB 251:

A BILL

To be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relat ing to agriculture, so as to create the Georgia Agricultural Facilities Authority; to pro vide for the purpose of the authority with respect to the provision of public agricultural facilities and assistance in the financing of public and private agricultural facilities; to provide for the membership, powers, duties, operations, and functions of the authority; to define terms; to provide for the issuance of obligations of the authority and other mat ters pertaining to the fiscal administration of the authority; to provide for intergovern mental agreements and agreements with private parties; to provide for validation of bonds and all related matters; to authorize investment in obligations of the authority; to provide for a pledge by the state with respect to the rights of the authority and the rights and remedies of bondholders; to provide for liberal construction; to provide that obligations of the authority shall not create a debt against the state except in certain circumstances; to provide for exemptions from taxation; to provide for other related mat ters; 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 its end a new Chapter 18 to read as follows:

2-18-1.

"CHAPTER 18

This chapter shall be known and may be cited as the 'Georgia Agricultural Facilities Authority Act.'
2-18-2.

(a) It is found and declared that the availability of adequate public and private agri cultural facilities is an important element in the ability of this state to provide for the continuing economic growth and development that provide jobs for the state's citizens.

(b) It is the purpose and intent of this chapter to provide an instrumentality to pro vide public agricultural facilities and to assist in the financing and establishment and operation of public and private agricultural facilities by providing grants, loans, bonds, and other assistance.

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2-18-3.
(a) There is created a body corporate and politic to he known as the Georgia Agricul tural Facilities Authority which shall be deemed an instrumentality of the state and a public corporation; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of 15 members. Five members shall be appointed by the Governor; five members shall be appointed by the Lieutenant Governor; and five members shall be appointed by the Speaker of the House of Representatives. Initially, each appointing official shall designate one of his or her appointees to serve for a term of one year, one to serve for a term of two years, one to serve for a term of three years, one to serve for a term of four years, and one to serve for a term of five years. Thereafter, all succes sors shall be appointed for terms of five years. The initial terms of the initial appoin tees shall commence July 1, 1999; and thereafter terms of all successors shall com mence on July 1. Members of the authority shall, when necessary, hold over after the expiration of their terms until their successors are appointed and take office. Any va cancy shall be filled for the remainder of the unexpired term by an appointment by the official who appointed the member whose position has become vacant.
(b) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of a majority of the appointed members from exercising all rights and performing all duties of the authority. The members of the authority shall be entitled to and shall be reimbursed for their actual travel and ex penses necessarily incurred in the performance of their duties and shall receive the same per diem as do members of the General Assembly. The authority shall make rules and regulations for its own government. The authority shall have perpetual ex istence. Any change in the name or composition of the authority shall in no way af fect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter. The Attorney General shall provide legal ser vices for the authority and in connection therewith Code Sections 45-15-13 through 45-15-16 shall be fully applicable.
(c) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to an independent auditing firm selected by the authority on or about the close of the state's fiscal year for the purpose of obtaining a certified audit of the authority's finances.
(d) The authority is assigned to the Department of Agriculture for administrative pur poses only.
2-18-4.
As used in this chapter, the term:
(1) 'Agricultural facilities' means any facilities used or useful in the transportation, storage, processing, manufacturing, or development of any agricultural produce or product, including both animal and vegetable produce and products.
(2) 'Authority" means the Georgia Agricultural Facilities Authority.
(3) 'Bond' means revenue bond, bond, note, or other obligation.
(4) 'Cost of project' or 'cost of any project' means:

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(A) All costs of acquisition, by purchase or otherwise, construction, assembly, in stallation, modification, renovation, extension, or rehabilitation incurred in con nection with any project or any part of any project;
(B) All costs of real property, fixtures, or personal property used in or in connec tion with or necessary for any project or for any facilities related thereto, includ ing, but not limited to, the cost of all land, interests in land, estates for years, easements, rights, improvements, water rights, and connections for utility ser vices; the cost of fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, ma chinery, equipment, furniture, and other property used in or in connection with or necessary for any project;
(C) All financing charges, bond insurance, and loan or loan guarantee fees and all interest on revenue bonds, notes, or other obligations of the authority which ac crue or are paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation;
(D) All costs of engineering, surveying, planning, environmental assessments, fi nancial analyses, and architectural, legal, and accounting services and all ex penses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, accountants, and any other necessary technical personnel in connection with any project;
(E) All expenses for inspection of any project;
(F) All fees of fiscal agents, paying agents, and trustees for bondholders under any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, revenue bonds, notes, or other obligations for any project, including bond insurance;
(G) All fees of any type charged by the authority in connection with any project;
(H) All expenses of or incidental to determining the feasibility or practicability of any project;
(I) All costs of plans and specifications for any project;
(J) All costs of title insurance and examinations of title with respect to any project;
(K) Repayment of any loans for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans;
(L) Administrative expenses of the authority and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and
(M) The establishment of a fund or funds for the creation of a debt service re serve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture, or trust or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized.

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Any cost, obligation, or expense incurred for any of the purposes specified in this paragraph shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes, or other obligations issued by the authority.
(5) 'Management services' means technical, administrative, instructional, or infor mational services provided to any current or potential loan recipient in, but not lim ited to, the areas of service charge structure; accounting, capital improvements budgeting or financing; financial reporting, treasury management, debt structure or administration or related fields of financial management; contract or grant adminis tration; management of agricultural facilities; and economic development adminis tration or strategies. Management services may be furnished either directly, on-site, or through other written or oral means of communication and may consist of re ports, studies, presentations, or other analyses of a written or oral nature.
(6) 'May' means permission and not command.
(7) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of in debtedness, debt, or other obligation of the authority, the state, or local governments which are authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds.
(8) 'Project' means the acquisition, construction, installation, modification, renova tion, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, in stallation, modification, renovation, repair, extension, renewal, replacement, rehabil itation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential pub lic purpose of providing or assisting in the financing or establishment of agricultural facilities and services to aid the development of trade, commerce, industry, agricul ture, and employment opportunities.
(9) 'Revenue bond' means any bond, note, or other obligation.
(10) 'Self-liquidating project' means any project or combination of projects if, in the judgment of the authority, the revenues, rents, or earnings to be derived by the au thority therefrom will be sufficient to pay the cost of maintaining, repairing, and op erating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. 2-18-5.
(a) The corporate purpose and the general nature of the business of the Georgia Agri cultural Facilities Authority shall be the provision of public agricultural facilities and assistance in the financing and establishment of public and private agricultural facili ties and development purposes necessary or incidental to such purposes.
(b) The authority shall have power:
(1) To sue and be sued in all courts of this state, the original jurisdiction and venue of such actions being the Superior Court of Fulton County;
(2) To have a seal and alter the same at its pleasure;
(3) To make and execute contracts, lease agreements, and all other instruments nec essary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, such contracts, leases, or instruments to include contracts for construction, operation, management, or maintenance of

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projects and facilities owned by private parties, local government, the authority, or by the state or any state authority; and any and all local governments, departments, institutions, authorities, or agencies of the state are authorized to enter into con tracts, leases, agreements, or other instruments with the authority upon such terms and to transfer real and personal property to the authority for such consideration and for such purposes as they deem advisable;
(4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in fur therance of the public purpose of the authority;
(5) To appoint an executive director who shall be executive officer and administra tive head of the authority. The executive director shall be appointed and serve at the pleasure of the authority. The executive director shall hire officers, agents, and em ployees, prescribe their duties and qualifications and fix their compensation, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director;
(6) To finance projects by loan, loan guarantee, grant, lease, or otherwise, and to pay the cost of any project from the proceeds of bonds, revenue bonds, notes, or other obligations of the authority or any other funds of the authority or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use;
(7) To make loans, through the acquisition of bonds, revenue bonds, notes, or other obligations, and to make grants to local governments to finance projects and to pay the cost of any project by local government and to adopt rules, regulations, and pro cedures for making such loans and grants;
(8) To borrow money to further or carry out its public purpose and to issue revenue bonds, notes, or other obligations to evidence such loans and to execute leases, trust indentures, trust agreements for the sale of its revenue bonds, notes, or other obli gations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be nec essary or desirable in the judgment of the authority, and to evidence and to provide security for such loans;
(9) To issue revenue bonds, bonds, notes, or other obligations of the authority, to re ceive payments from the Department of Agriculture, and to use the proceeds thereof for the purposes of:
(A) Paying, or loaning the proceeds thereof to pay, all or any part of the cost of any project or the principal of and premium, if any, and interest on the revenue bonds, bonds, notes, or other obligations issued for the purpose of paying in whole or in part the cost of any project;
(B) Paying all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out the purposes of the authority; and
(C) Paving all costs of the authority incurred in connection with the issuance of the revenue bonds, bonds, notes, or other obligations;
(10) To collect fees and charges in connection with its loans, commitments, manage ment services, and servicing, including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be ap proved by the authority;

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(11) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following:
(A) Bonds or other obligations of the state or bonds or other obligations, the prin cipal and interest of which are guaranteed by the state;
(B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government;
(C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Bank for Cooperatives;
(D) Bonds or other obligations issued by any public housing agency or municipal ity in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both princi pal and interest by a requisition, loan, or payment agreement with the United States government;
(E) Certificates of deposit of national or state banks or federal savings and loan associations located within the state which have deposits insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation and certificates of deposit of state building and loan associations located within the state which have deposits insured by any Georgia deposit insurance corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of de posit in excess of the amount insured by the Federal Deposit Insurance Corpora tion or any Georgia deposit insurance corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess:
(i) Direct and general obligations of the state or of any county or municipality in the state;
(ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph;
(iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or
(iv) Bonds, obligations, or project notes of public housing agencies, urban re newal agencies, or municipalities included in subparagraph (D) of this paragraph;
(F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recog nized as a primary dealer by the Federal Reserve Bank of New York having capi-

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tal aggregating at least $50 million or with any corporation which is subject to re gistration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with re spect to the investment or reinvestment of such moneys; and
(G) State operated investment pools;
(12) To acquire or contract to acquire from any person, firm, corporation, local gov ernment, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, ex change, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same; and any local government is authorized to grant, sell, or otherwise alienate leaseholds, real and personal property, or any interest therein to the authority;
(13) To invest any moneys held in debt service funds or sinking funds not restricted as to investment by the Constitution or laws of this state or the federal government or by contract not required for immediate use or disbursement in obligations of the types specified in paragraph (11) of this subsection, provided that, for the purposes of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service, which debt service shall be the principal in stallments and interest payments, schedule for which such moneys are to be applied;
(14) To provide advisory, technical, consultative, training, educational, and project assistance services to the state and local governments and private parties and to enter into contracts with the state and local governments and private parties to pro vide such services. The state and local governments are authorized to enter into contracts with the authority for such services and to pay for such services as may be provided them;
(15) To make loan commitments and loans to local governments and private parties and to enter into option arrangements with local government for the purchase of said bonds, revenue bonds, notes, or other obligations;
(16) To sell or pledge any bonds, revenue bonds, notes, or other obligations acquired by it whenever it is determined by the authority that the sale thereof is desirable;
(17) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instru mentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(18) To lease to local governments or private parties any authority owned facilities or property or any state owned facilities or property which the authority is manag ing under contract with the state;
(19) To contract with state agencies or any local government or private parties for the use by the authority of any property or facilities or services of the state or any such state agency or local government or private parties or for the use by any state

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agency or local government or private parties of any facilities or services of the au thority and such state agencies and local governments are authorized to enter into such contracts;
(20) To extend credit or make loans, including the acquisition of bonds, revenue bonds, notes, or other obligations to the state, any local government, or other entity, including the federal government, for the cost or expense of any project or any part of the cost or expense of any project, which credit or loans may be evidenced or se cured by trust indentures, loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, or assignments, on such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of re serve funds; and, in the exercise of powers granted by this chapter in connection with any project, the authority shall have the right and power to require the inclu sion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provi sions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and condi tions as the authority may deem necessary or desirable;
(21) As security for repayment of any bonds, revenue bonds, notes, or other obliga tions of the authority, to pledge, lease, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority including, but not limited to, real property, fixtures, personal property, and revenues or other funds and to execute any lease, trust indenture, trust agreement, agreement for the sale of the author ity's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or in strument as may be necessary or desirable, in the judgment of the authority, to se cure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the author ity upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition con tained in any such agreement or instrument;
(22) To receive and use the proceeds of any tax levied by a local government to pay all or any part of the cost of any project or for any other purpose for which the au thority may use its own funds pursuant to this chapter;
(23) To use income earned on any investment for such corporate purposes of the au thority as the authority in its discretion shall determine, including, but not limited to, the use of repaid principal and earnings on funds, the ultimate source of which was an appropriation to a budget unit of the state to make loans for solid waste projects;
(24) To cooperate and act in conjunction with industrial, commercial, medical, scien tific, public interest, or educational organizations; with agencies of the federal gov ernment and this state and local government; with other states and their political subdivisions; and with joint agencies thereof and such state agencies, local govern ment, and joint agencies are authorized and empowered to cooperate and act in con junction, and to enter into contracts or agreements with the authority and local gov ernment to achieve or further the policies of the state declared in this chapter;

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(25) To adopt bylaws governing the conduct of business by the authority, the elec tion and duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws;
(26) To exercise any power granted by the laws of this state to public or private cor porations which is not in conflict with the public purpose of the authority;
(27) To do all things necessary or convenient to carry out the powers conferred by this chapter;
(28) To designate three or more of its number to constitute an executive committee who, to the extent provided in such resolution or in the bylaws of the authority, shall have and may exercise the powers of the authority in the management of the affairs and property of the authority and the exercise of its powers; and
(29) To procure insurance against any loss in connection with its property and other assets or obligations or to establish cash reserves to enable it to act as self-insurer against any and all such losses.
(c) The authority shall provide by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the protection of natural resources, the natural environment, and vital areas and for the economic well-being of Georgia's fam ily and traditional farms.
2-18-6.
(a) The authority may make loans to pay all or any part of the cost of a project. The authority and a loan recipient may enter into such loan commitments and option agreements as may be determined appropriate by the authority.
(b) The authority may require as a condition of any loan that the loan recipient shall perform any or all of the following:
(1) Establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) Costs of operation, maintenance, replacement, renewal, and repairs; and
(B) Outstanding indebtedness incurred for the purposes of such facility, including the principal of and interest on bonds, revenue bonds, notes, or other obligations as the same shall become due and payable, and to create and maintain any re quired reserves;
(2) Create and maintain a special fund or funds as additional security for the pay ment of the principal of revenue bonds and the interest thereon and any other amounts becoming due under any agreement entered into in connection therewith and for the deposit therein of such revenues as shall be sufficient to make such pay ment as the same shall become due and payable;
(3) Create and maintain such other special funds as may be required by the author ity; and
(4) Perform such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, or take other ac tions as may be deemed necessary or desirable by the authority to secure the pay ment of the principal of and interest on such bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any de fault by such loan recipient.

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(c) In connection with the making of any loan authorized by this chapter, the author ity may fix and collect such fees and charges, including, but not limited to, reimburse ment of all costs of financing by the authority, as the authority shall determine to be reasonable. Neither the Public Service Commission nor any local government or state agency shall have jurisdiction over the authority's power over the regulation of such fees or charges.
2-18-7.
(a) The authority shall have the power and is authorized from time to time to issue bonds in such principal amounts as it may determine to be necessary to pay all or a portion of the cost of any project or agricultural facilities and to provide amounts nec essary for any corporate purposes, including incidental expenses in connection with the issuance of the bonds.
(b) In addition, the authority shall have the power and is authorized to issue bonds in such principal amounts as the authority deems appropriate.
(c) The authority shall have the power from time to time to refund any bonds by the issuance of new bonds whether the bonds to be refunded have or have not matured and may issue bonds partly to refund bonds then outstanding and partly for any other corporate purpose.
(d) Bonds issued by the authority may be general or limited obligations payable solely out of particular revenues or other moneys of the authority as may be designated in the proceedings of the authority under which the bonds shall be authorized to be is sued, subject to any agreements entered into between the authority and state agen cies, local government, or private parties and subject to any agreements with the hold ers of outstanding bonds pledging any particular revenues or moneys.
(e)(l) The authority is authorized to obtain from any department, agency, or corpo ration of the United States of America or governmental insurer, including the state, any insurance or guaranty, to the extent now or hereafter available, as to or for the payment or repayment of interest or principal, or both, or any part thereof on any bonds or notes issued by the authority or on any obligations of federal, state, or lo cal governments purchased or held by the authority; and to enter into any agree ment or contract with respect to any such insurance or guaranty, except to the ex tent that the same would in any way impair or interfere with the ability of the authority to perform and fulfill the terms of any agreement made with the holders of the bonds or notes of the authority.
(2) Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times as the authority determines to be appropriate, except that bonds and any re newal thereof shall mature within 25 years of the date of their original issuance. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in such form, either coupon or registered, as to principal or interest or both principal and interest, carry such registration privi leges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide. Bonds may be sold at public or private sale for such price or prices as the authority shall determine.
(3) Any resolution or resolutions authorizing bonds or any issue of bonds may con tain provisions which may be a part of the contract with the holders of the bonds thereby authorized as to:

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(A) Pledging all or part of its revenues, together with any other moneys, securi ties, contracts, or property, to secure the payment of the bonds, subject to such agreements with bondholders as may then exist;
(B) Setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof;
(C) Limiting the purpose to which the proceeds from the sale of bonds may be applied;
(D) Limiting the right of the authority to restrict and regulate the use of any pro ject or part thereof in connection with which bonds are issued;
(E) Limiting the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds;
(F) Setting the procedure, if any, by which the terms of any contract with bond holders may be amended or abrogated, including the proportion of bondholders which must consent thereto and the manner in which such consent may be given;
(G) Creating special funds into which any revenues or other moneys may be deposited;
(H) Setting the terms and provisions of any trust, deed, or indenture or other agreement under which the bonds may be issued;
(I) Vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the authority may determine, which may include any or all of the rights, powers, and duties of any trustee appointed by the bondholders;
(J) Defining the acts or omissions to act which may constitute a default in the ob ligations and duties of the authority to the bondholders and providing for the rights and remedies of the bondholders in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of the state and other provisions of this chapter;
(K) Limiting the power of the authority to sell or otherwise dispose of any agricul tural facility or any part thereof or other property, including municipal bonds held by it;
(L) Limiting the amount of revenues and other moneys to be expended for operat ing, administrative, or other expenses of the authority;
(M) Providing for the payment of the proceeds of bonds, obligations, revenues, and other moneys to a trustee or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine; and
(N) Establishing any other matters of like or different character which in any way affect the security for the bonds or the rights and remedies of bondholders.
(4) In addition to the powers conferred upon the authority to secure its bonds, the authority shall have power in connection with the issuance of bonds to enter into such agreements as the authority may deem necessary, consistent, or desirable con cerning the use or disposition of its revenues or other moneys or property, including the mortgaging of any property and the entrusting, pledging, or creation of any other security interest in any such revenues, moneys, or property and the doing of any act, including refraining from doing any act, which the authority would have the right to do in the absence of such agreements. The authority shall have power

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to enter into amendments of any such agreements within the powers granted to the authority by this chapter and to perform such agreements. The provisions of any such agreements may be made a part of the contract with the holders of bonds of the authority.
(5) Any pledge of or other security interest in revenues, moneys, accounts, contract rights, general intangibles, or other personal property made or created by the au thority shall be valid, binding, and perfected from the time when such pledge is made or other security interest attaches without any physical delivery of the collat eral or further act, and the lien of any such pledge or other security interest shall be valid, binding, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether or not such par ties have notice thereof. No instrument by which such a pledge or security interest is created nor any financing statement need be recorded or filed.
(6) All bonds issued by the authority shall be executed in the name of the authority by the chairperson and secretary of the authority and shall be sealed with the offi cial seal or a facsimile thereof. Coupons, if any, shall be executed in the name of the authority by the chairperson of the authority, the facsimile signature of the chairperson and the secretary of the authority may be imprinted in lieu of the man ual signature if the authority so directs; and the facsimile of the chairperson's signa ture shall be used on coupons, if such are attached. Bonds and interest coupons ap purtenant thereto bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid, notwithstand ing the fact that before or after delivery thereof such person ceased to hold such office.
(7) Prior to the preparation of definitive bonds, the authority may issue interim re ceipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter; the authority may provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
(8) All bonds issued by the authority under this chapter may be executed, con firmed, and validated under and in accordance with Article 3 of Chapter 82 of Title 36, except as otherwise provided in this chapter.
(9) The venue for all bond validation proceedings pursuant to this chapter shall be Fulton County, and the Superior Court of Fulton County shall have exclusive final court jurisdiction over such proceedings.
(10) Bonds issued by the authority shall have a certificate of validation bearing the facsimile signature of the clerk of the Superior Court of Fulton County and shall state the date on which said bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court of this state.
(11) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation shall be as follows for each bond, regardless of the denomination of such bond:
(A) One dollar each for the first 100 bonds;
(B) Twenty-five cents each for the next 400 bonds; and
(C) Ten cents for each such bond over 500.

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(12) Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the meaning of and for all the purposes of Georgia law subject only to the provisions of the bonds for registration.
(13) Neither the members of the authority nor any person executing bonds shall be liable personally thereon or be subject to any personal liability or accountability solely by reason of the issuance thereof.
(14) The authority, subject to such agreements with bondholders as then may exist, shall have power out of any moneys available therefor to purchase bonds of the au thority, which shall thereupon be canceled, at a price not in excess of the following:
(A) If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date; or
(B) If the bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the bonds become subject to redemp tion, plus accrued interest to the next interest payment date.
(15) In lieu of specifying the rate or rates of interest which bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or other wise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the author ity to sell such bonds at a discount, even if in doing so the effective interest cost re sulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.
2-18-8.
The bonds of the authority are made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, in vestment companies and other persons carrying on a banking business, and adminis trators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of this state and all municipalities for any purposes for which the deposit of bonds or other obligations of this state are now or hereafter may be authorized.
2-18-9.
The State of Georgia does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the ben efit of the holders of bonds or in any way impair the rights and remedies of bondhold-

WEDNESDAY, MARCH 10, 1999

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ers until the bonds, together with the interest thereon, with interest on any unpaid in stallments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.
2-18-10.
The provisions of this chapter shall be liberally construed to effect the purposes of this chapter. The offer, sale, or issuance of bonds, notes, or other obligations by the au thority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Se curities Act of 1973.' No notice, proceeding, or publication except those required in this chapter shall be necessary to the performance of any act authorized in this chap ter; nor shall any such act be subject to referendum.
2-18-11.
No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies.
2-18-12.
It is found, determined, and declared that the creation of this authority and the carry ing out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be per forming an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the opera tion or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or oth erwise, and that the bonds, notes, and other obligations of the authority, their trans fer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this chapter shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.
2-18-13.
The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this chapter shall be construed to remove any such rights.
2-18-14.
The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor.
2-18-15.

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This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter.
2-18-16.

Nothing contained in this chapter shall permit the authority to issue bonds or revenue bonds at any time in a total aggregate principal amount exceeding $500 million, but bonds issued for the purpose of refunding bonds which have been previously issued shall not be counted against such limit."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

Senator Guhl of the 45th moved the previous question.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the previous ques tion was ordered.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson.D N Johnson,E Y Kemp Y Ladd N Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen
Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott
Smith Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 48, nays 4. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 182. By Senators Brush of the 24th and Hill of the 4th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Anno tated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, so as to provide that an applicant for a renewable certificate who plans to teach grades K-3 shall be required to have taken a minimum of three courses in teaching reading.

WEDNESDAY, MARCH 10, 1999

1027

The Senate Higher Education Committee offered the following amendment:
Amend SB 182 by striking line 5 on page 1 and inserting in lieu thereof the following:
"an initial renewable certificate who plans to teach grades K-3 shall".
By striking the word "a" on line 16 on page 1 and inserting in lieu thereof the words "an initial".
By inserting on line 20 on page 1 immediately following the word "include" the words "the topics or.
On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.
The report of the committee which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable
Meyer von Bremen Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

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

SR 75. By Senators Broun of the 46th, Gillis of the 20th, Egan of the 40th and others:

A resolution creating the Senate Certificate of Need for Long-term Care Facili ties Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th

Brush Y Burton Y Butler Y Cable Y Cagle

Y Cheeks Y Crotts Y Dean Y Egan Y Fort

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Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison
Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp

Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Roberts

Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 51, nays 1. The resolution, having received the requisite constitutional majority, was adopted. The following communication was received by the Secretary: I missed the vote on SR 75 attending to legislation in the House. I would have voted yes on SR 75.

The Calendar was resumed.

/s/ Greg Hecht 34th District

SB 77. By Senators Cheeks of the 23rd, Kemp of the 3rd, Streat of the 19th and Johnson of the 1st:

A bill to amend Code Section 33-34-6 of the Official Code of Georgia Anno tated, relating to the selection of motor vehicle repair facilities, so as to pro vide that motor vehicle insurers may not designate certain repair facilities to establish the cost of repairs; to provide for applicability.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th
Brush N Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts
Dean Y Egan

Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill
Hooks Huggins Y Jackson Y James Y Johnson,D Y Johnson,E

Y Kemp Y Ladd Y Lamutt Y Land
Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue
Polak Price,R Y Price,T Y Ragan Ray

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1029

Y Roberts Y Scott
Smith Starr Y Stephens

Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D

Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 43, nays 1. The bill, having received the requisite constitutional majority, was passed.

SR 100. By Senators Thomas of the 10th, Fort of the 39th and Hecht of the 34th:
A resolution encouraging all state departments, agencies, authorities, commis sions, and community service boards to facilitate a format of communication and discussion with representatives of such state employee organizations and associations as are described in Code Section 45-7-54 of the Official Code of Georgia Annotated.
Senator Thomas of the 10th asked unanimous consent that SR 100 be dropped to the foot of the Calendar. The consent was granted, and SR 100 was dropped to the foot of the Senate Rules Calendar for today.

SB 115. By Senators Ragan of the llth, Meyer von Bremen of the 12th and Williams of the 6th:

A bill to amend Chapter 12 of Title 42 of the Official Code of Georgia Anno tated, known as the "Prison Litigation Reform Act of 1996," so as to provide for payment from a prisoner's inmate account for costs and fees associated with the filing of a petition for writ of habeas corpus by a prisoner.

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 Balfour Y Blitch Y Bowen Y Broun, 46th N Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams

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On the passage of the bill, the yeas were 55, nays 1.
The bill, having received the requisite constitutional majority, was passed.
At 3:22 p.m., Senator Walker of the 22nd moved that the Senate stand in recess until 12:00 midnight and at that time, pursuant to SR 257, adjourn until 10:00 a.m., Monday, March 15; the motion prevailed.
The following messages were received from the House through Mr. Rivers, the clerk thereof:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 150. By Representatives Westmoreland of the 104th, Jones of the 71st, Trense of the 44th and others:
A bill to amend Part 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to require counties and municipalities to notify permit holders of the exis tence of local amendments to state minimum standard codes at the time build ing permits are issued.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 151. By Representatives Westmoreland of the 104th, Jones of the 71st, Brown of the 130th and others:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to construction, so as to provide that registered professional engineers may con duct inspections to determine code compliance.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 100. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000.
HB 550. By Representatives Purcell of the 147th, Jamieson of the 22nd and Greene of the 158th:
A bill to amend Code Section 20-2-150 of the Official Code of Georgia Anno tated, relating to eligibility for enrollment in the public schools, so as to pro vide that persons who have reached their eighteenth birthday by September 1 shall not be eligible for enrollment.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 417. By Representatives Stuckey of the 67th, Martin of the 47th and Bordeaux of the 151st:

WEDNESDAY, MARCH 10, 1999

1031

A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to provide for legislative purpose and definitions; to provide for the stay of certain proceedings regarding a child who may not be competent.
HB 668. By Representatives Holland of the 157th, Hudson of the 156th, Coleman of the 142nd and others:
A bill to amend Code Section 45-18-2 of the Official Code of Georgia Anno tated, relating to the authority of the State Personnel Board to establish a health insurance plan, so as to provide that certain changes to such plan shall be accomplished only in accordance with the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act".
The House has passed by the requisite constitutional majority the following bills of the House:
HB 456. By Representatives Sims of the 167th, Hudson of the 156th, Walker of the 141st and others:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that no private contractor shall house outof-state prisoners pursuant to a contract with an out-of-state jurisdiction in a detention facility in this state without the approval of the Department of Cor rections and the governing authority of the county or municipality wherein the detention facility is to be located.
HB 713. By Representatives Wix of the 33rd, Harrell of the 62nd, Trense of the 44th and others:
A bill to amend an Act amending Title 19 of the Official Code of Georgia An notated, relating to domestic relations, establishing the State Children's Trust Fund and the State Children's Trust Fund Commission, so as to change the date of repeal of such Act.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 96. By Representatives Trense of the 44th, Richardson of the 26th, Bunn of the 74th and others:
A resolution creating the State Commission on Drug Addiction.
HR 437. By Representatives Morris of the 155th, Murphy of the 18th, Coleman of the 142nd and others:
A resolution designating Highway 130 as the Fisher Barfoot Highway.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 500. By Representative Twiggs of the 8th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and schedule of bails, so as to provide that no appeal bond shall be granted to any person who has been convicted of

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trafficking in a controlled substance or marijuana in violation of Code Section 16-13-31 and who has been sentenced to serve a period of incarceration of seven years or more.
HB 804. By Representatives Stokes of the 92nd, Walker of the 141st, Martin of the 47th and others: A bill to amend Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to the place of sessions and terms of the Supreme Court of Georgia, so as to change the terms of the court and the ending dates of certain terms.
HB 872. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st: A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Tobacco Community Development Board; to authorize the board to determine an equitable allocation of private trust funds among tobacco growers and tobacco quota owners.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 417. By Representatives Everett of the 163rd, Bridges of the 9th, Martin of the 145th and others:
A resolution strongly urging the Georgia State Board of Pharmacy to require brand names on the label of drug containers when a generic drug is substi tuted for that brand name drug.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 863. By Representatives Byrd of the 170th, Mosley of the 171st, Harrell of the 62nd and others: A bill to amend Chapter 5 of Title 30 of the Official Code of Georgia Anno tated, the "Disabled Adults and Elder Persons Protection Act," so as to provide for the protection of vulnerable adults and change the provisions relating to the short title, definitions, and penalties.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 334. By Representative Smith of the 91st: A resolution designating the interchange on the Watkinsville Bypass at State Route 53 as the "Frank Earl Stancil Sr. Interchange".
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 379. By Representative Smith of the 91st:
A resolution designating the William P. Ponder Memorial Bridge.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 586. By Representatives Houston of the 166th, Ashe of the 46th, Walker of the 141st and others:

WEDNESDAY, MARCH 10, 1999

1033

A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for independent review of propos als for changes in the scope of practice of health care professionals.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 259. By Representatives Randall of the 127th, Martin of the 47th, Alien of the 117th and others:
A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Geor gia Annotated, relating to warrants for arrest, so as to change provisions relat ing to issuance of warrants for arrest; to require probable cause; to allow issu ance of a warrant based upon information from persons other than peace officers after notice and hearing.
HB 660. By Representatives Dean of the 48th, Coleman of the 142nd, Hegstrom of the 66th and others:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions regarding political subdivisions, so as to require political subdivisions and public authorities to have conducted environ mental testing on certain property to be donated to or acquired by such enti ties and prohibit acceptance or acquisition thereof unless any dangers discov ered have been eliminated.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 467. By Representative Howard of the 118th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Anno tated, relating to unfair or deceptive practices in consumer transactions, so as to provide that it shall be unlawful for any promotional offer to require an of feree to pay any money, including but not limited to, any service fees, mailing fees, or handling fees to receive a prize.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 261. By Representatives West of the 101st, Stallings of the 100th, Murphy of the 18th and others:
A resolution designating a portion of State Highway 61 between the city limits of Carrollton and Villa Rica as "Captain Robbie Bishop Memorial Highway".
The House has passed by the requisite constitutional majority the following bills of the House:
HB 587. By Representative Dixon of the 168th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Anno tated, relating to habitual violators and probationary drivers' licenses, so as to provide that certain fees applicable to Class C drivers' licenses shall be appli cable to replacements for lost or destroyed probationary drivers' licenses.
HB 604. By Representatives Buckner of the 95th, Orrock of the 56th, Childers of the 13th and others:

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A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide for a short title; to pro vide for legislative findings; to provide definitions; to require health insurers to provide coverage for a minimum of inpatient care following a mastectomy or lymph node dissection.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 823. By Representatives Everett of the 163rd, Bridges of the 9th, Callaway of the 81st and others:
A bill to amend Code Section 40-2-8 of the Official Code of Georgia Annotated, relating to operation of unregistered vehicles or vehicles without current li cense plates, revalidation decals, or county decals, storage of unlicensed vehi cles, jurisdiction, display of temporary notices, and disposition of fines, so as to provide for issuance of temporary plates for vehicles sold by dealers of new and used motor vehicles and display of such temporary plates on recently pur chased vehicles prior to registration.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 623. By Representatives Sims of the 167th and Channell of the lllth:
A bill to amend Code Section 48-5-491 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of mobile homes owned and held by dealers, so as to provide that the assessed value of such mobile homes for ad valorem tax purposes shall be 50 percent of the invoice value for each such mobile home as reflected on the manufacturer's invoice.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 343. By Representatives Tolbert of the 25th, Jamieson of the 22nd, Purcell of the 147th and others:
A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Anno tated, relating to instructors in driver training and operators of driver training schools, so as to change certain provisions relating to applicability and excep tions from operation of chapter.
HB 577. By Representatives Porter of the 143rd, McBee of the 88th and Mobley of the 69th:
A bill to amend Code Section 43-30-8 of the Official Code of Georgia Anno tated, relating to optometry registration, so as to change the provisions relat ing to continuing education.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 658. By Representatives Buckner of the 95th, Manning of the 32nd, McBee of the 88th and others:

WEDNESDAY, MARCH 10, 1999

1035

A bill to amend Code Section 50-12-80 of the Official Code of Georgia Anno tated, relating to the creation of the Georgia Commission on Women, so as to change provisions relating to the terms of membership; to provide for the re moval of members for four consecutive unexcused absences; to require fulltime Georgia residency.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 816. By Representatives Smith of the 109th, Holland of the 157th, Hudson of the 156th and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to repeal provisions au thorizing the State Construction Industry Licensing Board to issue cease and desist orders to prohibit persons from violating certain provisions of said chap ter relating to the business or profession of a conditioned air contractor and providing for penalties for violations of such cease and desist orders.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 904. By Representatives Smyre of the 136th, Sinkfield of the 57th, Stanley of the 49th and others:
A bill to amend Chapter 41 of Title 31 of the Official Code of Georgia Anno tated, relating to lead poisoning prevention, so as to enact the "Childhood Lead Exposure Control Act".
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 477. By Representatives Brooks of the 54th, Walker of the 87th, Epps of the 131st and others:
A resolution urging the President of the United States and the United States Attorney General to order an immediate and full investigation into the 1946 murders of four Black sharecroppers in Walton County.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 496. By Representatives Martin of the 145th, Day of the 153rd, Bunn of the 74th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the criteria for eligibility for special license plates for persons with disabilities.
HB 182. By Representatives Martin of the 47th, Teper of the 61st, Bordeaux of the 151st and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Geor gia Annotated, relating to juvenile proceedings, so as to provide for the crea tion of the juvenile courts and their jurisdiction, administration, and expenses.
The following bills were read the first time and referred to committees:

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HB 100. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000.
Referred to Committee on Appropriations.
HB 150. By Representatives Westmoreland of the 104th, Jones of the 71st, Trense of the 44th and others:
A bill to amend Part 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to require counties and municipalities to notify permit holders of the exis tence of local amendments to state minimum standard codes at the time build ing permits are issued.
Referred to Committee on Defense, Science and Technology.
HB 151. By Representatives Westmoreland of the 104th, Jones of the 71st, Brown of the 130th and others:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to construction, so as to provide that registered professional engineers may con duct inspections to determine code compliance.
Referred to Committee on Defense, Science, and Technology.
HB 182. By Representatives Martin of the 47th, Teper of the 61st, Bordeaux of the 151st and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Geor gia Annotated, relating to juvenile proceedings, so as to provide for the crea tion of the juvenile courts and their jurisdiction, administration, and expenses.
Referred to Committee on Judiciary.
HB 230. By Representatives Stuckey of the 67th, Snow of the 2nd, Cooper of the 31st and others:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Anno tated, the "Georgia Securities Act of 1973," and Chapters 6 and 11 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child sup port generally and enforcement of the duty of support, respectively, so as to authorize the denial, suspension, denial of the renewal of, or revocation of the registration of a securities salesperson or investment adviser representative upon notice that an applicant for or a holder of such a registration is not in compliance with an order for child support.
Referred to Committee on Banking and Financial Institutions.
HB 259. By Representatives Randall of the 127th, Martin of the 47th, Alien of the 117th and others:
A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Geor gia Annotated, relating to warrants for arrest, so as to change provisions relat ing to issuance of warrants for arrest; to require probable cause; to allow issu ance of a warrant based upon information from persons other than peace officers after notice and hearing.

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1037

Referred to Committee on Special Judiciary.
HB 317. By Representatives Powell of the 23rd, McCall of the 90th, Stallings of the 100th and Floyd of the 138th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to the offense of deposit account fraud, so as to change the pro visions relating to restitution to the holder of an instrument which is the sub ject of deposit account fraud.
Referred to Committee on Banking and Financial Institutions.
HB 343. By Representatives Tolbert of the 25th, Jamieson of the 22nd, Purcell of the 147th and Porter of the 143rd:
A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Anno tated, relating to instructors in driver training and operators of driver training schools, so as to change certain provisions relating to applicability and excep tions from operation of chapter.
Referred to Committee on Consumer Affairs.
HB 407. By Representatives Ehrhart of the 36th, Alien of the 117th and Wiles of the 34th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Geor gia Annotated, relating to general provisions relative to child custody proceed ings, so as to provide for certain rights of children at least ten but less than 14 years old.
Referred to Committee on Judiciary.
HB 417. By Representatives Stuckey of the 67th, Martin of the 47th and Bordeaux of the 151st:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to provide for legislative purpose and definitions; to provide for the stay of certain proceedings regarding a child who may not be competent.
Referred to Committee on Judiciary.
HB 429. By Representative Crawford of the 129th:
A bill to amend Code Section 44-14-3 of the Official Code of Georgia Anno tated, relating to cancellation by the grantee or holder upon payment of the indebtedness secured by a mortgage or conveyance to secure debt, so as to change a provision relating to liability of the grantee or holder for failure to transmit a cancellation of the mortgage or conveyance to secure debt upon payment of the indebtedness.
Referred to Committee on Banking and Financial Institutions.
HB 449. By Representatives Henson of the 65th, Bannister of the 77th, Ragas of the 64th and others:
A bill to amend Code Section 12-3-194.1 of the Official Code of Georgia Anno tated, relating to the police and legislative powers of the Stone Mountain Me morial Association, so as to provide for the exercise of police powers by the association.

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Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 456. By Representatives Sims of the 167th, Hudson of the 156th, Walker of the 141st and others:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that no private contractor shall house outof-state prisoners pursuant to a contract with an out-of-state jurisdiction in a detention facility in this state without the approval of the Department of Cor rections and the governing authority of the county or municipality wherein the detention facility is to be located.
Referred to Committee on Corrections, Correctional Institutions and Property.
HB 467. By Representative Howard of the 118th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Anno tated, relating to unfair or deceptive practices in consumer transactions, so as to provide that it shall be unlawful for any promotional offer to require an of feree to pay any money, including but not limited to, any service fees, mailing fees, or handling fees to receive a prize.
Referred to Committee on Consumer Affairs.
HB 496. By Representatives Martin of the 145th, Day of the 153rd, Bunn of the 74th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the criteria for eligibility for special license plates for persons with disabilities.
Referred to Committee on Finance and Public Utilities.
HB 500. By Representative Twiggs of the 8th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and schedule of bails, so as to provide that no appeal bond shall be granted to any person who has been convicted of trafficking in a controlled substance or marijuana in violation of Code Section 16-13-31 and who has been sentenced to serve a period of incarceration of seven years or more.
Referred to Committee on Judiciary.
HB 550. By Representatives Purcell of the 147th, Jamieson of the 22nd and Greene of the 158th:
A bill to amend Code Section 20-2-150 of the Official Code of Georgia Anno tated, relating to eligibility for enrollment in the public schools, so as to pro vide that persons who have reached their eighteenth birthday by September 1 shall not be eligible for enrollment.
Referred to Committee on Education.
HB 557. By Representatives Burkhalter of the 41st and Coleman of the 142nd:
A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Anno tated, relating to forest and plant resources, so as to provide for legislative in tent; to establish a state tree protection law and provide for its standards and applicability.

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1039

Referred to Committee on Natural Resources.
HB 562. By Representatives Powell of the 23rd, Parrish of the 144th, Cash of the 108th and others:
A bill to amend Chapter 6 of Title 13 of the Official Code of Georgia Anno tated, relating to damages and costs generally in connection with contracts, so as to change the provisions relating to damages for writing bad checks; to pro vide that damages shall include any fees charged to the holder of the instru ment by a bank or financial institution as a result of the instrument not being honored.
Referred to Committee on Banking and Financial Institutions.
HB 586. By Representatives Houston of the 166th, Dix of the 76th, Walker of the 141st and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for independent review of propos als for changes in the scope of practice of health care professionals.
Referred to Committee on Health and Human Services.
HB 587. By Representative Dixon of the 168th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Anno tated, relating to habitual violators and probationary drivers' licenses, so as to provide that certain fees applicable to Class C drivers' licenses shall be appli cable to replacements for lost or destroyed probationary drivers' licenses.
Referred to Committee on Public Safety.
HB 604. By Representatives Buckner of the 95th, Orrock of the 56th, Childers of the 13th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide for a short title; to pro vide for legislative findings; to provide definitions; to require health insurers to provide coverage for a minimum of inpatient care following a mastectomy or lymph node dissection.
Referred to Committee on Insurance and Labor.
HB 623. By Representatives Sims of the 167th and Channell of the lllth:
A bill to amend Code Section 48-5-491 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of mobile homes owned and held by dealers, so as to provide that the assessed value of such mobile homes for ad valorem tax purposes shall be 50 percent of the invoice value for each such mobile home as reflected on the manufacturer's invoice.
Referred to Committee on Finance and Public Utilities.
HB 658. By Representatives Buckner of the 95th, Manning of the 32nd, McBee of the 88th and others:

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A bill to amend Code Section 50-12-80 of the Official Code of Georgia Anno tated, relating to the creation of the Georgia Commission on Women, so as to change provisions relating to the terms of membership; to provide for the re moval of members for four consecutive unexcused absences; to require fulltime Georgia residency.
Referred to Committee on Rules.
HB 660. By Representatives Dean of the 48th, Coleman of the 142nd, Hegstrom of the 66th and others:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions regarding political subdivisions, so as to require political subdivisions and public authorities to have conducted environ mental testing on certain property to be donated to or acquired by such enti ties and prohibit acceptance or acquisition thereof unless any dangers discov ered have been eliminated.
Referred to Committee on Natural Resources.
HB 668. By Representatives Holland of the 157th, Hudson of the 156th, Coleman of the 142nd and others:
A bill to amend Code Section 45-18-2 of the Official Code of Georgia Anno tated, relating to the authority of the State Personnel Board to establish a health insurance plan, so as to provide that certain changes to such plan shall be accomplished only in accordance with the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act".
Referred to Committee on Insurance and Labor.
HB 713. By Representatives Wix of the 33rd, Harrell of the 62nd, Trense of the 44th and others:
A bill to amend an Act amending Title 19 of the Official Code of Georgia An notated, relating to domestic relations, establishing the State Children's Trust Fund and the State Children's Trust Fund Commission, so as to change the date of repeal of such Act.
Referred to Committee on Judiciary.
HB 720. By Representatives Murphy of the 18th, Walker of the 141st, Skipper of the 137th and others:
A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Anno tated, relating to prohibited lobbying practices, so as to provide that it shall be unlawful for any unit of state government to contract for or use public funds to pay for the services of a lobbyist; to provide for nonapplicability to activities of public employees; to provide for broad applicability to all units of state gov ernment and the personnel thereof.
Referred to Committee on Judiciary.
HB 727. By Representatives Lane of the 146th and Martin of the 145th:

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1041

A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles so as to provide that the failure to use a safety belt in a motor vehicle designed primarily for on-road use shall not be considered by a finder of fact evidence of negligence or causation.
Referred to Committee on Judiciary.
HB 804. By Representatives Stokes of the 92nd, Walker of the 141st, Martin of the 47th and others:
A bill to amend Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to the place of sessions and terms of the Supreme Court of Georgia, so as to change the terms of the court and the ending dates of certain terms.
Referred to Committee on Special Judiciary.
HB 811. By Representative Greene of the 158th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of the Supe rior Court of Randolph County.
Referred to Committee on State and Local Governmental Operations (General).
HB 812. By Representatives Sauder of the 29th, Murphy of the 18th, Walker of the 141st and others:
A bill to amend Article 2 of Chapter 1 of Title 31 of the Official Code of Geor gia Annotated, relating to patient access to eye care, so as to provide for a blindness education, screening, and treatment program, subject to availability of funds derived from voluntary contributions; to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to application and fees for motor vehicle drivers' licenses, so as to provide that voluntary contributions for certain purposes may be made at time of application.
Referred to Committee on Health and Human Services.
HB 816. By Representatives Smith of the 109th, Holland of the 157th, Hudson of the 156th and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to repeal provisions au thorizing the State Construction Industry Licensing Board to issue cease and desist orders to prohibit persons from violating certain provisions of said chap ter relating to the business or profession of a conditioned air contractor and providing for penalties for violations of such cease and desist orders.
Referred to Committee on Defense, Science and Technology.
HB 819. By Representatives Stephens of the 150th and Heard of the 89th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to insurance generally, so as to provide for confidenti ality of patients' medical information obtained by insurers from pharmacies or pharmacists; to prohibit release of such information to third parties without patient consent.
Referred to Committee on Insurance and Labor.

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HB 823. By Representatives Everett of the 163rd, Bridges of the 9th, Callaway of the 81st and Parham of the 122nd:
A bill to amend Code Section 40-2-8 of the Official Code of Georgia Annotated, relating to operation of unregistered vehicles or vehicles without current li cense plates, revalidation decals, or county decals, storage of unlicensed vehi cles, jurisdiction, display of temporary notices, and disposition of fines, so as to provide for issuance of temporary plates for vehicles sold by dealers of new and used motor vehicles and display of such temporary plates on recently pur chased vehicles prior to registration.
Referred to Committee on Judiciary.
HB 855. By Representatives Lane of the 146th, Manner of the 159th, Parham of the 122nd and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Geor gia Annotated, relating to the registration and licensing of motor vehicles gen erally, so as to provide for special license plates to fund programs relating to the restoration of the bobwhite quail population in this state.
Referred to Committee on Finance and Public Utilities.
HB 863. By Representatives Byrd of the 170th, Mosley of the 171st, Harrell of the 62nd and others:
A bill to amend Chapter 5 of Title 30 of the Official Code of Georgia Anno tated, the "Disabled Adults and Elder Persons Protection Act," so as to provide for the protection of vulnerable adults and change the provisions relating to the short title, definitions, and penalties.
Referred to Committee on Judiciary.
HB 872. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Tobacco Community Development Board; to authorize the board to determine an equitable allocation of private trust funds among tobacco growers and tobacco quota owners.
Referred to Committee on Agriculture.
HB 894. By Representatives Birdsong of the 123rd, Murphy of the 18th, Connell of the 115th and others:
A bill to amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the War Veterans Home, so as to provide that a war veteran shall not be eligible for admission to the Georgia War Vet erans' Nursing Home or the Georgia State War Veterans' Home unless such war veteran has been a resident of this state for a period of at least five years immediately prior to application for admission.
Referred to Committee on Defense, Science and Technology.
HB 904. By Representatives Smyre of the 136th, Sinkfield of the 57th, Stanley of the 49th and others:

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1043

A bill to amend Chapter 41 of Title 31 of the Official Code of Georgia Anno tated, relating to lead poisoning prevention, so as to enact the "Childhood Lead Exposure Control Act". Referred to Committee on Natural Resources.
HR 96. By Representatives Trense of the 44th, Richardson of the 26th, Cash of the 108th and others: A resolution creating the State Commission on Drug Addiction.
Referred to Committee on Rules.
HR 261. By Representatives West of the 101st, Stallings of the 100th, Murphy of the 18th and Poag of the 6th: A resolution designating a portion of State Highway 61 between the city limits of Carrollton and Villa Rica as "Captain Robbie Bishop Memorial Highway".
Referred to Committee on Transportation.
HR 330. By Representatives Purcell of the 147th, Walker of the 141st and Skipper of the 137th: A resolution creating the Joint Study Committee on Art Policies for the Capi tol and the Governor's Mansion.
Referred to Committee on Rules.
HR 334. By Representative Smith of the 91st: A resolution designating the interchange on the Watkinsville Bypass at State Route 53 as the "Frank Earl Stancil Sr. Interchange".
Referred to Committee on Transportation.
HR 379. By Representative Smith of the 91st: A resolution designating the William P. Ponder Memorial Bridge.
Referred to Committee on Transportation.
HR 412. By Representatives McBee of the 88th, Walker of the 141st, Heard of the 89th and Hudgens of the 24th: A resolution designating the Museum of Natural History at the University of Georgia as the State Museum of Natural History, to be known as the Georgia Museum of Natural History.
Referred to Committee on Rules.
HR 417. By Representatives Everett of the 163rd, Bridges of the 9th, Martin of the 145th and others: A resolution strongly urging the Georgia State Board of Pharmacy to require brand names on the label of drug containers when a generic drug is substi tuted for that brand name drug.
Referred to Committee on Health and Human Services.
HR 425. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st: A resolution creating the Governor's Education Reform Study Commission.

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Referred to Committee on Education.
HR 437. By Representatives Morris of the 155th, Murphy of the 18th, Coleman of the 142nd and others: A resolution designating Highway 130 as the Fisher Barfbot Highway.
Referred to Committee on Transportation.
HR 477. By Representatives Brooks of the 54th, Walker of the 87th, Epps of the 131st and others:
A resolution urging the President of the United States and the United States Attorney General to order an immediate and full investigation into the 1946 murders of four Black sharecroppers in Walton County. Referred to Committee on Rules.
HB 577. By Representatives Porter of the 143rd, McBee of the 88th and Mobley of the 69th: A bill to amend Code Section 43-30-8 of the Official Code of Georgia Anno tated, relating to optometry registration, so as to change the provisions relat ing to continuing education.
The Secretary filed the following communication: March 10, 1999
The following is a chronological account of the proceedings which occurred in reference to HB 577 which was passed by the House of Representatives today, the thirty-third day, and immediately transmitted to the Senate.
At 8:45 p.m., Senator Price of the 56th called the Office of the Secretary of the Senate to serve notice that he would moved that HB 577 be engrossed upon its first reading in the Senate.
At 9:15 p.m., the President stated that he would take the motion to engross if there was a quorum in the Senate Chamber before 12:00 midnight.
/a/ Frank Eldridge, Jr. No quorum having arrived in the Senate Chamber, at 11:59 p.m., the President referred HB 577 to the Senate Health and Human Services Committee.
The Senate adjourned at 12:00 midnight.

MONDAY, MARCH 15, 1999

1045

Senate Chamber, Atlanta, Georgia Monday, March 15, 1999
Thirty-fourth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of Wednesday, March 10, 1999 proceedings had been read and found correct. Senator Price of the 56th requested that the portion of the Journal of March 10, from the recess at 3:22 p.m. until adjournment be read.
The designated portion was read by the Secretary, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following bills of the House:
HB 898. By Representative Lord of the 121st: A bill to amend an Act creating the State Court of Washington County, so as to change the compensation of the judge and solicitor of said court.
HB 899. By Representatives Borders of the 177th, Reaves of the 178th, Shaw of the 176th and others: A bill to establish the Valdosta-Lowndes County Conference Center and Tour ism Authority.
HB 900. By Representatives Yates of the 106th and Sanders of the 107th: A bill to amend an Act creating a board of commissioners of Spalding County, so as to change the compensation of the chairperson and other members of the board of commissioners.
HB 902. By Representatives Snelling of the 99th and Hembree of the 98th: A bill to amend an Act creating the Douglas County Airport Authority, so as to provide for approval of the authority's site selection for an airport by refer endum; to provide that no construction relating to an airport shall be begun unless the site has been approved by referendum.
HB 903. By Representatives Clark of the 3rd and Snow of the 2nd: A bill to amend an Act entitled "An Act creating a board of utilities commis sioners for Catoosa County," so as to strike and revise such Act and amenda tory Acts; to provide for definitions; to provide for the election of members of the board.
HB 906. By Representatives DeLoach of the 119th, Connell of the 115th, Alien of the 117th and others: A bill to amend an Act entitled "An Act to provide a new charter for the City of Blythe," so as to provide for staggered terms for the mayor and councilmembers.
HB 909. By Representative James of the 140th:

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A bill to amend an Act providing for the board of education for the Macon County School District, so as to change the provisions relating to the compen sation of members of the board of education.
HB 913. By Representatives Buck of the 135th, Smyre of the 136th, Davis of the 132nd and others:
A bill to amend an Act establishing the Municipal Court of Columbus, so as to abolish the office of marshal of such court; to transfer the powers, duties, and responsibilities of such office to the sheriff of Muscogee County.
HB 920. By Representative Murphy of the 18th:
A bill to create the Haralson County Family Connection Authority.
HB 922. By Representative Dukes of the 161st:
A bill to amend an Act creating a board of commissioners in and for Miller County, so as to provide for new commissioner districts.
HB 924. By Representatives Lane of the 146th and Martin of the 145th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Statesboro," so as to authorize the governing authority of such city to grant certain exclusive, long-term franchises.
HB 925. By Representatives Lane of the 146th and Martin of the 145th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Statesboro," so as to provide for staggered terms of office for the mayor and councilmembers.
HB 926. By Representatives Lane of the 146th and Martin of the 145th:
A bill to amend an Act reconstituting the Board of Education of Bulloch County and providing for its powers, duties, rights, obligations, and liabilities, so as to change the amount of compensation received by the members of such board.
HB 832. By Representatives Burkhalter of the 41st, Campbell of the 42nd and Trense of the 44th:
A bill to provide for an additional $10,000.00 homestead exemption from cer tain City of Alpharetta ad valorem taxes for municipal purposes.
HB 912. By Representative Stephens of the 150th:
A bill to provide for a homestead exemption from certain City of Bloomingdale ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preced ing the taxable year in which that exemption is first granted to a resident of that city.
HB 915. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd:

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1047

A bill to provide for a homestead exemption from certain City of Vernonburg ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preced ing the taxable year in which that exemption is first granted to a resident of that city.
HB 921. By Representative Murphy of the 18th:
A bill to provide a homestead exemption from Haralson County School District ad valorem taxes for educational purposes in the amount of $8,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over.
HB 794. By Representatives Maddox of the 72nd, Ragas of the 64th, Watson of the 70th and others:
A bill to amend an Act providing for the compensation of certain county of ficers and officials of DeKalb County, so as to change compensation of the sheriff.
The following bill was introduced, read the first time and referred to committee:
SB 275. By Senator Jackson of the 50th:
A bill to provide for homestead exemptions from Stephens County ad valorem taxes for county purposes and from Stephens County school district ad valorem taxes for educational purposes in the amount of $2,000.00 of the as sessed value of certain homesteads that are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of each exemption and the procedures relating thereto.
Referred to Committee on State and Local Governmental Operations.
The following bills were read the first time and referred to committee:
HB 794. By Representatives Maddox of the 72nd, Ragas of the 64th, Watson of the 70th and others:
A bill to amend an Act providing for the compensation of certain county of ficers and officials of DeKalb County, so as to change compensation of the sheriff.
Referred to Committee on State and Local Governmental Operations.
HB 832. By Representatives Burkhalter of the 41st, Campbell of the 42nd and Trense of the 44th:
A bill to provide for an additional $10,000.00 homestead exemption from cer tain City of Alpharetta ad valorem taxes for municipal purposes.
Referred to Committee on State and Local Governmental Operations.
HB 898. By Representative Lord of the 121st:
A bill to amend an Act creating the State Court of Washington County, so as to change the compensation of the judge and solicitor of said court.
Referred to Committee on State and Local Governmental Operations.

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HB 899. By Representatives Borders of the 177th, Reaves of the 178th, Shaw of the 176th and others:
A bill to establish the Valdosta-Lowndes County Conference Center and Tour ism Authority.
Referred to Committee on State and Local Governmental Operations.
HB 900. By Representatives Yates of the 106th and Sanders of the 107th:
A bill to amend an Act creating a board of commissioners of Spalding County, so as to change the compensation of the chairperson and other members of the board of commissioners.
Referred to Committee on State and Local Governmental Operations.
HB 902. By Representatives Snelling of the 99th and Hembree of the 98th:
A bill to amend an Act creating the Douglas County Airport Authority, so as to provide for approval of the authority's site selection for an airport by refer endum; to provide that no construction relating to an airport shall be begun unless the site has been approved by referendum. Referred to Committee on State and Local Governmental Operations.
HB 903. By Representatives Clark of the 3rd and Snow of the 2nd: A bill to amend an Act entitled "An Act creating a board of utilities commis sioners for Catoosa County," so as to strike and revise such Act and amenda tory Acts; to provide for definitions; to provide for the election of members of the board.
Referred to Committee on State and Local Governmental Operations.
HB 906. By Representatives DeLoach of the 119th, Connell of the 115th, Alien of the 117th and others:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Blythe," so as to provide for staggered terms for the mayor and councilmembers.
Referred to Committee on State and Local Governmental Operations.
HB 909. By Representative James of the 140th:
A bill to amend an Act providing for the board of education for the Macon County School District, so as to change the provisions relating to the compen sation of members of the board of education.
Referred to Committee on State and Local Governmental Operations.
HB 912. By Representative Stephens of the 150th:
A bill to provide for a homestead exemption from certain City of Bloomingdale ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preced ing the taxable year in which that exemption is first granted to a resident of that city.
Referred to Committee on State and Local Governmental Operations.
HB 913. By Representatives Buck of the 135th, Smyre of the 136th, Davis of the 132nd and others:

MONDAY, MARCH 15, 1999

1049

A bill to amend an Act establishing the Municipal Court of Columbus, so as to abolish the office of marshal of such court; to transfer the powers, duties, and responsibilities of such office to the sheriff of Muscogee County.
Referred to Committee on State and Local Governmental Operations.
HB 915. By Representatives Stephens of the 150th, Day of the 153rd and Mueller of the 152nd:
A bill to provide for a homestead exemption from certain City of Vernonburg ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preced ing the taxable year in which that exemption is first granted to a resident of that city. Referred to Committee on State and Local Governmental Operations.
HB 920. By Representative Murphy of the 18th:
A bill to create the Haralson County Family Connection Authority. Referred to Committee on State and Local Governmental Operations.
HB 921. By Representative Murphy of the 18th: A bill to provide a homestead exemption from Haralson County School District ad valorem taxes for educational purposes in the amount of $8,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over.
Referred to Committee on State and Local Governmental Operations.
HB 922. By Representative Dukes of the 161st: A bill to amend an Act creating a board of commissioners in and for Miller County, so as to provide for new commissioner districts.
Referred to Committee on State and Local Governmental Operations.
HB 924. By Representatives Lane of the 146th and Martin of the 145th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Statesboro," so as to authorize the governing authority of such city to grant certain exclusive, long-term franchises. Referred to Committee on State and Local Governmental Operations.
HB 925. By Representatives Lane of the 146th and Martin of the 145th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Statesboro," so as to provide for staggered terms of office for the mayor and councilmembers. Referred to Committee on State and Local Governmental Operations.
HB 926. By Representatives Lane of the 146th and Martin of the 145th: A bill to amend an Act reconstituting the Board of Education of Bulloch County and providing for its powers, duties, rights, obligations, and liabilities, so as to change the amount of compensation received by the members of such board.

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

Mr. President:

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

HB 318. Do pass.

HB 432. Do pass.

Respectfully submitted,

Senator Harbison of the 15th District, Chairman

Mr. President:
The Committee on Defense, Science and Technology has had under consideration the following bill of the House and has instructed me to report the same back to the Sen ate with the following recommendation:
HB 531. Do pass by substitute. Respectfully submitted,
Senator Polak of the 42nd District, Chairman

Mr. President:

The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 695. Do pass.

HB 696. Do pass.

Respectfully submitted,

Senator Broun of the 46th District, Chairman

Mr. President:

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

HB 438. Do pass. HB 459. Do pass by substitute.

HB 752. Do pass. HB 822. Do pass.

Respectfully submitted,

Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Insurance and Labor 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 636. Do pass as amended. HB 677. Do pass.

HB 788. Do pass.

Respectfully submitted,

Senator Madden of the 47th District, Chairman

Mr. President:

MONDAY, MARCH 15, 1999

1051

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 80. Do pass by substitute. HB 146. Do pass by substitute. HB 287. Do pass by substitute. HB 298. Do npass. HB 337. Do pass.

HB 370. Do pass. HB 560. Do pass by substitute. HB 561. Do pass by substitute. HBR 63R5. Do npass. HB 701. Do pass.

Respectfully submitted,

Senator Kemp of the 3rd District, Chairman

Mr. President:

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

SR 242. Do pass. HB 399. Do pass. HB 458. Do pass.

HB 564. Do pass as amended. HB 681. Do pass. HR 215. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 165. Do pass by substitute. HB 289. Do pass by substitute. HB 423. Do pass by substitute.

HB 580. Do pass by substitute. HR 325. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:
The Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the fol lowing recommendation:
HB 597. Do pass.
Respectfully submitted,
Senator Egan of the 40th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consid eration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

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HB 477. Do pass by substitute. HB 478. Do pass, HB 483. Do pass, HB 484. Do pass, HB 688. Do pass, HB 690. Do pass, HB 839. Do pass, HB 849. Do pass, HB 851. Do pass, HB 860. Do pass.

HB 867. Do pass. HB 878. Do pass. HB 530. Do pass by substitute. HB 351. Do pass. HB 406. Do pass as amended. HB 699. Do pass. HB 755. Do pass as amended. HR 167. Do pass. SR 180. Do pass.

Respectfully submitted,

Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

HB 87 HB 266 HB 616

HB 93 HB 487 HB 617

HB 140 HB 513 HR 121

HB 217 HB 522 HR 204

HB 235 HB 558

HB 238 HB 610

The Governor's appointments to the Board of Regents, as recorded in the Journal of March 8, 1999, were referred by the President to the Senate Higher Education Committee.

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

Blitch Bowen Broun, 46th Brown, 26th Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden Guhl

Harbison Hecht Hill Hooks Huggins Jackson James Johnson,D Johnson,E Ladd Lamutt Land Lee Madden Marable Meyer von Bremen Perdue Polak

Price.R Price,T Ragan Ray Roberts Scott Smith Starr Stephens Stokes Streat Tanksley Tate Thomas,D Thompson Walker Williams

Those not answering were:

Balfour

Kemp

Thomas,N, 10th

The following communication was received by the Secretary: March 15, 1999
Honorable Frank Eldridge

MONDAY, MARCH 15, 1999

1053

Secretary of the Senate Georgia State Senate State Capitol Atlanta, Georgia 30334 Dear Mr. Secretary: I missed roll call today as I was in the hallway with my County Commissioners from Bryan County. I would like this letter to be placed in the Journal to reflect where I was. Thank you for granting me this consideration.
Yours truly, /s/ Rene' D. Kemp The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Williams of the 6th introduced the chaplain of the day, Dr. John Connell, pastor of First Baptist Church of Brunswick, Georgia, who offered scripture reading and prayer. Senator Gingrey of the 37th introduced the Boys Class AAAA State Basketball Champi ons, the Marietta High School Blue Devils, commended by SR 259, adopted previously.
The following resolutions were read and adopted:
SR 262. By Senators Thompson of the 33rd, Tanksley of the 32nd, Lamutt of the 21st and Gingrey of the 37th: A resolution recognizing and commending Life University for its magnanimous support of Georgia Games in cooperation with the Georgia State Games Com mission and the State of Georgia.
SR 263. By Senator Johnson of the 1st: A resolution commending the Opper, Wessels, and Merryman families.
SR 264. By Senators Marable of the 52nd, Walker of the 22nd, Thompson of the 33rd and others: A resolution commending LeRoy Powell.
SR 265. By Senators Marable of the 52nd, Walker of the 22nd, Thompson of the 33rd and Dean of the 31st: A resolution proclaiming December 22 as "Georgia-Great Britain Day".
SR 266. By Senator Johnson of the 1st: A resolution recognizing and celebrating the twenty-fifth anniversary of the City of Bloomingdale.
SR 267. By Senator Jackson of the 50th: A resolution commending Mrs. Ruby Fulbright for her long record of distin guished public service to Habersham County.
SR 268. By Senator Stephens of the 51st: A resolution commending the Fannin County High School Lady Rebels girls basketball team.
SR 269. By Senator Ragan of the llth:

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A resolution declaring Mitchell County Hospital Day in the State of Georgia.

SR 270. By Senators Stokes of the 43rd and Thomas of the 10th:
A resolution recognizing the American Diabetes Alert for March, 1999, and commending Liane Levitan for her leadership in diabetes preventive care.

SR 271. By Senator Lamutt of the 21st:
A resolution commending the coaches and players of the Pope High School Lady Greyhound basketball team.

SR 272. By Senator Lamutt of the 21st: A resolution commending the Pope High School boys swimming team.

Senator Johnson of the 2nd introduced the doctor of the day, Dr. William Milton of Sa vannah, Georgia.

The following local, uncontested bills of the House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Monday, March 15, 1999 THIRTY-FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the leg islation.)

HB 477

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

A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the effective date of creation and tax abatement for certain res idential enterprise zones and provide for conditions and limitations re lating thereto. (SUBSTITUTE)

HB 478

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

A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the effective date of creation and tax abatement for certain commercial enterprise zones and provide for conditions and limitations relating thereto.

MONDAY, MARCH 15, 1999

1055

HB 483 HB 484 HB 688

Scott, 36th Thomas, 10th James, 35th Tate, 38th Fort, 39th Egan, 40th Polak, 42nd CITY OF ATLANTA
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to pro vide the City of Atlanta with the authority to change the effective date for local enterprise zones that remain undeveloped as a result of a un anticipated development impediments.
Scott, 36th Thomas, 10th James, 35th Tate, 38th Fort, 39th Egan, 40th Polak, 42nd CITY OF ATLANTA
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the effective date of creation and tax abatement for certain res idential enterprise zones and provide for conditions and limitations re lating thereto.
Scott, 36th Hecht, 34th James, 35th Tate, 38th Fort, 39th Egan, 40th Ray, 48th Price, 56th FULTON COUNTY
A bill to amend an Act creating a State Court of Fulton County by consolidating the Criminal Court of Fulton County and the Civil Court of Fulton County, so as to change the provisions relating to the chief clerk of that court; to provide for a court administrator for said court and provide for election, compensation, duties, and powers.

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JOURNAL OF THE SENATE

HB 690 HB 839

Scott, 36th Hecht, 34th James, 35th Tate, 38th Fort, 39th Egan, 40th Ray, 48th Price, 56th FULTON COUNTY
A bill to amend an Act providing for the appointment of magistrates in Fulton County, so as to change the number of magistrates in Fulton County; to provide the procedure in connection with the appointment of new magistrates and provide for terms of office.
Meyer von Bremen, 12th CITY OF NEWTON

HB 851 HB 860
HB 867 HB 878

A bill to provide a new charter for the City of Newton.
Smith, 25th HANCOCK COUNTY
A bill to amend an Act creating a Board of Commissioners of Hancock County, so as to change the provisions relating to the compensation and expense allowance of the chairperson and other members of the board of commissioners.
Lamutt, 21st Tanksley, 32nd Thompson, 33rd Gingrey, 37th Tate, 38th COBB COUNTY
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
Gingrey, 37th CITY OF KENNESAW
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city.
Brush, 24th TOWN OF RAYLE

MONDAY, MARCH 15, 1999

1057

A bill to amend an Act creating and incorporating the Town of Rayle, so as to provide for staggered terms for the election of the mayor and councilmembers.

PURSUANT TO ARTICLE VII, SECTION II, PARAGRAPH IV OF THE CONSTITUTION, THE FOLLOWING LOCAL BILL RELATING TO HOMESTEAD EXEMPTIONS REQUIRES A TWO-THIRDS ROLLCALL VOTE FOR PASSAGE:

HB 849

Cable, 27th LAMAR COUNTY

A bill to provide a homestead exemption from Lamar County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over after a two-year phase-in period.
The substitute to the following bill was put upon its adoption:
*HB 477:

The Senate State and Local Governmental Operations Committee offered the following substitute to HB 477:
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 April 20, 1998 (Ga. L. 1998, p. 4493), and an Act approved April 23, 1998 (Ga. L. 1998, p. 4650), so as to change the effective date of creation and tax abatement for certain res idential enterprise zones and provide for conditions and limitations relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 20, 1998 (Ga. L. 1998, p. 4493), and an Act approved April 23, 1998 (Ga. L. 1998, p. 4650), is amended by striking subparagraph (c)(2)(A) of Section 8, which reads as follows:
"(A) Except as otherwise provided in subparagraph (B) of this paragraph, a zone shall exist for ten years after the effective date of its creation.",
and inserting in its place the following:
"(A) Except as provided in subparagraphs (B), (C), and (D) of this paragraph, a residential zone shall exist for ten years after the effective date of its creation."
SECTION 2.
Said Act is further amended by adding at the end of paragraph (2) of subsection (c) of Section 8 a new subparagraph to read as follows:
"(D) This subparagraph shall apply to any residential enterprise zone which is lo cated within an area designated by the federal government as an 'empowerment zone,' where the effective date of the creation of that enterprise zone was January 1, 1998, and where the City of Atlanta issued no certificate of occupancy for any residential space in that zone before January 1, 1999. For a residential enterprise

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zone which meets these criteria, the effective date for tax abatement in such zone shall be January 1 of the year immediately following the year when a building permit for residential development, construction, rehabilitation, or any combina tion thereof, is first obtained in said zone. The period of tax abatement shall be gin on that effective date for tax abatement and shall remain in existence for ten years thereafter. The schedule of reduction in the exemptions provided for by par agraph (1) of this subsection shall begin on that effective date for tax abatement. In no event shall property be granted the exemption provided under this subparagraph for more than ten years. In no event shall funds already paid in taxes be retroactively reimbursed as a result of this provision. Further, in no event shall this provision provide for an effective date of tax abatement which chronologically precedes an effective date already established in law."

SECTION 3.

Said Act is further amended by striking subsection (a) of Section 10 and inserting in its place a new subsection to read as follows:

"(a) The City of Atlanta shall establish the effective date for the creation of a zone as January 1 of the year that development is proposed to begin in the zone but after adoption by the city council of an ordinance creating the zone, unless otherwise pro vided in this Act."

SECTION 4.

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

SECTION 5.

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

On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch
Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Fort Y Gillis Gingrey

Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd
Lamutt Y Land Y Lee Y Madden

Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott
Smith Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate

MONDAY, MARCH 15, 1999

1059

Y Thomas,D Y Thomas,N

Thompson Y Walker

Y Williams

On the passage of the local bills, the yeas were 47, nays 0. The bills on the Local Consent Calendar, except HB 477, having received the requisite constitutional majority, were passed. HB 477, having received the requisite constitutional majority, was passed by substitute.

SENATE RULES CALENDAR
Monday, March 15, 1999 THIRTY-FOURTH LEGISLATIVE DAY

HB 183

Boats on Tugalo Lake; power; limitations; exceptions (Amendment) (Nat R-50th) Twiggs-8th

SR 241

Bank Secrecy Act-urge Congress curb proposed legislation (Substitute)(B&FI-9th)

(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 10, 1999.)

HB 6

Garnishment; pension funds; additional exemption (Amendment) (B&FI-49th) Franklin-39th

HB 73

Harold F. Holtz Municipal Training Institute; membership terms (H Ed-46th) McBee-88th

HB 233

Laura S. Walker Lake; change motor-boating hours (Nat R-7th) Dixon168th

HB 292

Southwestern Judicial Circuit; additional judge (S Judy-14th) Skipper137th

HB 297

Banks and financial institutions; amend provisions (B&FI-23rd) Parrish-144th

HB 330

Center for Trade and Technology Transfer; amend provisions (DS&T15th) Howard-118th

HB 371

Courts; law clerks; change title to law assistant (S Judy-40th) Martin47th

HB 155 Oconee Judicial Circuit; terms of court (Judy-20th) Coleman-142nd

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 183. By Representatives Twiggs of the 8th and Bridges of the 9th:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Anno tated, relating to boating safety zones and restrictions on use of motors and operation of house boats on certain lakes, so as to provide that with the excep-

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JOURNAL OF THE SENATE

tion of law enforcement or dam operation and maintenance craft, no motor in excess of 20 horsepower shall be used on any vessel being operated on Tugalo Lake.
Senate Sponsor: Senator Jackson of the 50th.

The Senate Natural Resources Committee offered the following amendment:
Amend HB 183 by striking on line 17 of page 1 the word "and" and inserting in lieu thereof the word "or".
On the adoption of the amendment, the yeas were 33, nays 0, and the committee amend ment was adopted.

Senator Jackson of the 50th offered the following amendment:

Amend HB 183 by striking the number "20" on line 6 of page 1 and inserting in lieu thereof the number "25".

By striking the number "20" on line 19 of page 1 and inserting in lieu thereof the num

ber "25".

~~

On the adoption of the amendment, the yeas were 35, nays 0, and the Jackson amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch
Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd
Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N
Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following resolution of the Senate, having been read the third time on March 10, and final action suspended pursuant to Senate Rule 143, was continued upon its adoption:

MONDAY, MARCH 15, 1999

1061

SR 241. By Senators Balfour of the 9th, Cheeks of the 23rd, Harbison of the 15th and others:
A resolution urging the United States Congress to curb proposed legislation pertaining to the Bank Secrecy Act.
The substitute offered by Senators Cheeks and Balfour on March 10, as it appears in the Journal of March 10th was automatically reconsidered.
On the adoption of the substitute, the yeas were 29, nays 0, and the Cheeks, Balfour substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to by substitute.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch
Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thompson Y Walker
Williams

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

HB 6. By Representatives Franklin of the 39th, Coan of the 82nd and Massey of the 86th:
A bill to amend Code Section 18-4-22 of the Official Code of Georgia Anno tated, relating to the exemption of certain pension or retirement funds or ben efits from garnishment until certain payment or transfer thereof, so as to pro vide for such an exemption with respect to additional individual retirement account funds or benefits.
Senate Sponsor: Senator Cagle of the 49th.

The Senate Banking and Financial Institutions Committee offered the following amendment:

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JOURNAL OF THE SENATE

Amend HB 6 by adding following the word and symbol "benefits;" on line 6 of page 1 the following:
"to amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to provide that the filing of certain answers on behalf of corporate garnishees shall not constitute the practice of law and may be done by corporate officers or employees; to provide that delivery to the court of money or prop erty admitted to be subject to garnishment may likewise be accomplished through a corporate officer or employee; to remove the six-month cap and to provide that such continuing garnishments shall cover property acquired by the garnishee from the time of service to the time all debts to the plaintiff are satisfied or the employment rela tionship is terminated;".
By inserting between lines 30 and 31 on page 1 the following:
"Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, is amended by adding at the end of Article 1, relating to garnishment in general, a new Code Section 18-4-8 to read as follows:
'18-4-8.
When proceedings are filed under any provision of this chapter involving a corporation as garnishee, the execution and filing of an answer shall not constitute the practice of law and may be done by an officer or employee of the corporation otherwise authorized to act for the corporation. The corporation's payment into court of any money or property or money and property which is admitted to be subject to garnishment like wise shall not constitute the practice of law and may also be done by an authorized of ficer or employee of the corporation.'
SECTION 3.
Said chapter is further amended in Code Section 18-4-66, relating to forms for postjudgment garnishment, by striking from paragraph (4) the language below the signature line in the form for answer of garnishee, which language reads as follows:
'Garnishee or his attorney at law',
and inserting in its place the following new language:
'Garnishee, garnishee's attorney, or officer or agent of a corporate garnishee'.
SECTION 4.
Said chapter is further amended by striking in its entirety Code Section 18-4-111, relat ing to property, money, or effects subject to continuing garnishment, and inserting in lieu thereof the following:
'18-4-111.
(a) All debts owed by the garnishee to the defendant at the time of service of sum mons of continuing garnishment upon the garnishee and all debts accruing from the garnishee to the defendant from such date of service lo and including the uuu handled seventy-ninth Jay Ihereaftei shall be subject to process of continuing garnishment un til (1) all such debts are fully satisfied or (2) the employment relationship is termi nated and the garnishee has no further money or property of the defendant subject to the garnishment; and no payment made by the garnishee to the defendant or to his or her order or by any arrangement between the defendant and the garnishee after the date of the service of the summons of continuing garnishment upon the garnishee shall defeat the lien of such garnishment.

MONDAY, MARCH 15, 1999

1063

(b) All property, money, or effects of the defendant in the possession or control of the garnishee at the time of service of the summons of continuing garnishment upon the garnishee or coming into the possession or control of the garnishee at any time from the date of such service lu mid including thu uue ImudiuJ sevBiily-niiitli day theieafUii shall be subject to process of continuing garnishment until (1) all such debts are fully satisfied, or (2) the employment relationship is terminated and the garnishee has no further money or property of the defendant subject to the garnishment; except in the case of collateral securities in the hands of a creditor. Such securities shall not be sub ject to continuing garnishment so long as there is an amount owed on the debt for which such securities were given as collateral.
(c) Notwithstanding this Code section, the exemptions from garnishment required or allowed by law, including, but not limited to, exemptions provided by Code Sections 18-4-20 and 18-4-22, shall be applicable to a continuing garnishment.'
SECTION 5.
Said chapter is further amended by striking in its entirety subsection (c) of Code Section 18-4-112, relating to filing and contents of affidavit for continuing garnishment, issuance of summons of continuing garnishment generally, and notice and service of summons, and inserting in lieu thereof the following:
'(c) The plaintiff, using either forms provided by the court or forms prepared by him self or herself, shall cause forms sufficient for seven answers to a summons of continu ing garnishment to be served on the garnishee along with the summons. The gar nishee shall be responsible for providing forms for additional answers.'
SECTION 6.
Said chapter is further amended by striking Code Section 18-4-113, relating to the filing of answers to continuing garnishments, and inserting in lieu thereof a new Code section to read as follows:
'18-4-113.
(a) The summons of continuing garnishment shall be directed to the garnishee, who shall be required:
(1) To file a first answer no later than 45 days after service of summons of continu ing garnishment, which answer shall state what property, money, or other effects of the defendant are subject to continuing garnishment from the time of service through and including the day of the first answer;
(2) To file further answers for the remaining period covered by the summons of con tinuing garnishment. Further answers shall be filed no later than 45 days after the previous answer date. Fiu dun Except as provided in Code Section 18-4-117, further answers shall state what property, money, or other effects of the defendant are sub ject to continuing garnishment from the previous answer date through and including the date on which that next answer is filed. Nu subsequent aiibwuis shall be le-
i^uli'cu. uii o. i> LuilinOliS ul CuiiLiilUlli^ ^eii'lilfeiiillcllL j.1 Lllc l&SL <antiWt;l Tiled. SLttLc^ wliaL
^ii'ujjtil~*y j lUOileyj ux' uLlltii ciieuLri Ol Llie uciciiuiiiiL ciic SUDj^CL tO COlTtlllUlli^ geLt iiisli-
llltillL li'Oill tlie J/lcViGLlS elllbwci UtiLti wj allil lll.Cl\j.uiilg tH.6 OiWi JlU.Hu.rfeu. ScVcilty~iiiii.m
lilcu., liulwilliolcuiulil^ tlll0~Otil6i" prOViSiOHS' Oi tuiS pen ci^iitpli, nu l&tei Llid.li tile uiic
bundled ninety-fifth day afUu service. For purposes of this paragraph, "previous an swer date" means the date upon which the immediately preceding answer to the summons of continuing garnishment was filed as provided in this subsection; and

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JOURNAL OF THE SENATE

(3) To accompany all such answers with any property, money, or other effects of the defendant admitted in the answer to be subject to continuing garnishment.
(b) The summons of continuing garnishment shall state the requirements of subsec tion (a) of this Code section and shall inform the garnishee that failure to comply with such requirements may result in a judgment against the garnishee for the entire amount claimed due on the judgment against the defendant.'
SECTION 7.
Said chapter is further amended in Code Section 18-4-118, relating to forms for continu ing garnishment, by striking from paragraph (3) the language below the signature line in the form for answer of garnishee, which language reads as follows:
'Garnishee or his attorney at law',
and inserting in its place the following new language:
'Garnishee, garnishee's attorney, or officer or agent of a corporate garnishee'.
SECTION 8."
By striking from line 1 on page 2 the following:
"SECTION 3.",
and inserting in lieu thereof the following:
"SECTION 9."
On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch
Bowen Broun, 46th Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N
Thompson Walker Y Williams

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

MONDAY, MARCH 15, 1999

1065

HB 73. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:

A bill to amend Article 1 of Chapter 45 of Title 36 of the Official Code of Geor gia Annotated, relating to general provisions concerning municipal training, so as to change the terms of office of members appointed to the board of the Har old F. Holtz Municipal Training Institute.

Senate Sponsor: Senator Broun of the 46th.

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 Balfour Y Blitch
Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill
Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd
Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thompson Y Walker Y Williams

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

HB 233. By Representatives Dixon of the 168th and Shaw of the 176th:

A bill to amend Code Section 12-3-10 of the Official Code of Georgia Anno tated, relating to prohibited acts generally relating to the use of state parks, historic sites, or recreational areas, so as to change motor-boating hours at Laura S. Walker Lake.

Senate Sponsor: Senator Blitch of the 7th.

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

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

Y Balfour Y Blitch
Bowen Y Broun, 46th
Brown, 26th

Y Brush Y Burton Y Butler Y Cable Y Cagle

Y Cheeks Y Crotts Y Dean Y Egan
Fort

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Y Gillis Gingrey
Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnsoii,D Y Johnson,E Y Kemp

Y Ladd Lamutt
Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts

Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thompson Walker Y Williams

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

HB 292. By Representatives Skipper of the 137th, Greene of the 158th, James of the 140th and Banner of the 159th:

A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a third judge of the superior courts of the Southwestern Judicial Circuit of Georgia.

Senate Sponsor: Senator Hooks of the 14th.

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

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 56, nays 0.

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

HB 297. By Representatives Parrish of the 144th, Stallings of the 100th, James of the 140th and others:

A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change the term of the commissioner; to change provisions relating to emergency closings; to change name restric tions; to change provisions relating to leasing and lending restrictions; to allow dealings in certain securities by banks; to change provisions relating to pro moters' fees.

Senate Sponsor: Senator Cheeks of the 23rd.

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 Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Harbison Y Hecht Y Hill Y Hooks
Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd
Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 330. By Representatives Howard of the 118th, Smyre of the 136th, Alien of the 117th and others:
A bill to amend Code Section 20-3-84 of the Official Code of Georgia Anno tated, relating to the Advisory Board to the Center for Trade and Technology Transfer, so as to change the reference to such board; to change provisions re lating to the membership thereof; to provide that the Center for Trade and Technology Transfer shall be attached to the University System of Georgia for administrative purposes only.
Senate Sponsor: Senator Harbison of the 15th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd
Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes
Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams

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

HB 371. By Representatives Martin of the 47th, Tolbert of the 25th, Alien of the 117th and others:

A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Geor gia Annotated, relating to general provisions relative to the superior courts, so as to change provisions relating to the employment of law clerks and court ad ministrators; to change law clerks to law assistants.

Senate Sponsor: Senator Egan of the 40th.

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

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

Y Balfour Y Blitch Y Bowen
Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan

Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y ffill Y Hooks Y Huggins Y Jackson
James Y Johnson,D Y Johnson.E

Y Kemp Y Ladd
Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray

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Y Roberts Y Scott Y Smith Y Starr Y Stephens

Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D

Y Thomas,N Y Thompson Y Walker Y Williams

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

HB 155. By Representatives Coleman of the 142nd and Byrd of the 170th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court for the superior courts, so as to change the terms of court for the counties of the Oconee Judicial Circuit; to provide for a grand jury for each term of court in such circuit.
Senate Sponsor: Senator Gillis of the 20th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas.N Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 56, nays 0. The bill, having received the requisite constitutional majority, was passed.
Senator Walker of the 22nd moved that the Senate adjourn until 10:00 a.m. tomorrow; the motion prevailed, and at 11:27 a.m., the President announced the Senate adjourned.