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. 14 JOURNAL OF THE SENATE 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. 16 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: 18 JOURNAL OF THE SENATE "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: 20 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 22 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 24 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. 26 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. 28 JOURNAL OF THE SENATE 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. 30 JOURNAL OF THE SENATE 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 32 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. 34 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 6 ekpprOV&u uj tll6 OlliCti OI Jrifctiiillllg iiiiu Budget anu tile L)ep2i~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) 38 JOURNAL OF THE SENATE 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) TUESDAY, JANUARY 12, 1999 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 40 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. 42 JOURNAL OF THE SENATE 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. 44 JOURNAL OF THE SENATE 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. 46 JOURNAL OF THE SENATE 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. 48 JOURNAL OF THE SENATE 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. 50 JOURNAL OF THE SENATE 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. 52 JOURNAL OF THE SENATE 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: THURSDAY, JANUARY 14, 1999 53 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 54 JOURNAL OF THE SENATE 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, 56 JOURNAL OF THE SENATE 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- 58 JOURNAL OF THE SENATE 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. 60 JOURNAL OF THE SENATE 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: 62 JOURNAL OF THE SENATE 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. 64 JOURNAL OF THE SENATE 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. 66 JOURNAL OF THE SENATE 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 MONDAY, JANUARY 25, 1999 67 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: 68 JOURNAL OF THE SENATE 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: 70 JOURNAL OF THE SENATE 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: MONDAY, JANUARY 25, 1999 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; 72 JOURNAL OF THE SENATE (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 MONDAY, JANUARY 25, 1999 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. 74 JOURNAL OF THE SENATE 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: 76 JOURNAL OF THE SENATE 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 78 JOURNAL OF THE SENATE 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 79 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. 80 JOURNAL OF THE SENATE 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. WEDNESDAY, JANUARY 27, 1999 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: 82 JOURNAL OF THE SENATE 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: WEDNESDAY, JANUARY 27, 1999 83 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 84 JOURNAL OF THE SENATE 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: WEDNESDAY, JANUARY 27, 1999 85 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. 86 JOURNAL OF THE SENATE 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 WEDNESDAY, JANUARY 27, 1999 87 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. 88 JOURNAL OF THE SENATE 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. WEDNESDAY, JANUARY 27, 1999 89 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. 90 JOURNAL OF THE SENATE 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. WEDNESDAY, JANUARY 27, 1999 91 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. 92 JOURNAL OF THE SENATE Pursuant to provisions of a previously adopted motion, the Senate adjourned until 10:00 a.m. tomorrow. THURSDAY, JANUARY 28, 1999 93 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: 94 JOURNAL OF THE SENATE 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. THURSDAY, JANUARY 28, 1999 95 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. 96 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: 98 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. 100 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 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. 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. oUCH clli clppi-lCctLiuii iiioj^ DC liliult; tiy""til6~~Oilcii.u.ci" 3.Uu iltitll'Cl Dy tile bG&i'u OiJ.iy~'fl,I- Lci LIic ulleiiu.t;!' licid Uccil l"6l^3.Scu. Oil peiiOlc \JL ^j^ODStlOU 01T Iroill liiC3.1*Cci*itiiOii ImL S. |Jt!l*IOu Or"Jtlir^^ ycdi'cj ctHCl llOt lllOl'c Lliiiii OilCc evGTy CWX5 y63.1Tc! tllcl'c<ei'. XI tile 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 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. 294 JOURNAL OF THE SENATE (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- THURSDAY, FEBRUARY 11, 1999 295 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: 296 JOURNAL OF THE SENATE (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. \) -Llits 1'tii^U.ii cinciiL ul 3p^l'SOlltO icgj lu^l* .i'o.f^icijjli vlj/v J-/V-L*/ OI tlllS Ctiun Sll3.ll t^ U^MJII3 (ItiLti Hiiiio.Liuiij iii a u. t COl'U-iiiiC vith- OI tlllS (_/OQft ritiCLluii, LlliiL tttl snffer iinOiir 3. int;iito.I d.ljiioi'iiiciiii'iy or p^isoiio,lity ctis uliclLWOU.J.UiliiiK.c Lllc 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: THURSDAY, FEBRUARY 11, 1999 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- 298 JOURNAL OF THE SENATE 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. THURSDAY, FEBRUARY 11, 1999 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 300 JOURNAL OF THE SENATE 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. THURSDAY, FEBRUARY 11, 1999 301 (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 302 JOURNAL OF THE SENATE 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 THURSDAY, FEBRUARY 11, 1999 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. 304 JOURNAL OF THE SENATE 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: FRIDAY, FEBRUARY 12, 1999 305 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. 306 JOURNAL OF THE SENATE 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 FRIDAY, FEBRUARY 12, 1999 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. 308 JOURNAL OF THE SENATE 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, FRIDAY, FEBRUARY 12, 1999 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 310 JOURNAL OF THE SENATE 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. FRIDAY, FEBRUARY 12, 1999 311 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. 312 JOURNAL OF THE SENATE 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 FRIDAY, FEBRUARY 12, 1999 313 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. 314 JOURNAL OF THE SENATE 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: FRIDAY, FEBRUARY 12, 1999 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 316 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 FRIDAY, FEBRUARY 12, 1999 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. 318 JOURNAL OF THE SENATE 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: MONDAY, FEBRUARY 15, 1999 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: 320 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: MONDAY, FEBRUARY 15, 1999 321 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 322 JOURNAL OF THE SENATE 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: MONDAY, FEBRUARY 15, 1999 323 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. 324 JOURNAL OF THE SENATE 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. MONDAY, FEBRUAEY 15, 1999 325 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. 326 JOURNAL OF THE SENATE 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: MONDAY, FEBRUARY 15, 1999 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: 328 JOURNAL OF THE SENATE '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. MONDAY, FEBRUARY 15, 1999 329 (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. 330 JOURNAL OF THE SENATE (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. MONDAY, FEBRUARY 15, 1999 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 332 JOURNAL OF THE SENATE 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. MONDAY, FEBRUARY 15, 1999 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. 334 JOURNAL OF THE SENATE 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. TUESDAY, FEBRUARY 16, 1999 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: 336 JOURNAL OF THE SENATE 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: TUESDAY, FEBRUARY 16, 1999 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. 338 JOURNAL OF THE SENATE 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. TUESDAY, FEBRUARY 16, 1999 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: 340 JOURNAL OF THE SENATE 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. TUESDAY, FEBRUARY 16, 1999 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 342 JOURNAL OF THE SENATE 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 TUESDAY, FEBRUARY 16, 1999 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. 344 JOURNAL OF THE SENATE (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. TUESDAY, FEBRUARY 16, 1999 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 346 JOURNAL OF THE SENATE 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: 348 JOURNAL OF THE SENATE 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, 350 JOURNAL OF THE SENATE 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. TUESDAY, FEBRUARY 16, 1999 351 (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 352 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 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. WEDNESDAY, FEBRUARY 17, 1999 353 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: 354 JOURNAL OF THE SENATE 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 WEDNESDAY, FEBRUARY 17, 1999 355 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: 356 JOURNAL OF THE SENATE 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 WEDNESDAY, FEBRUARY 17, 1999 357 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: 358 JOURNAL OF THE SENATE 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: WEDNESDAY, FEBRUARY 17, 1999 359 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: 360 JOURNAL OF THE SENATE 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. WEDNESDAY, FEBRUARY 17, 1999 361 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. 362 JOURNAL OF THE SENATE 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 WEDNESDAY, FEBRUARY 17, 1999 363 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: 364 JOURNAL OF THE SENATE 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 WEDNESDAY, FEBRUARY 17, 1999 365 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 366 JOURNAL OF THE SENATE 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. WEDNESDAY, FEBRUARY 17, 1999 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. 368 JOURNAL OF THE SENATE (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.' WEDNESDAY, FEBRUARY 17, 1999 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 370 JOURNAL OF THE SENATE 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: WEDNESDAY, FEBRUARY 17, 1999 371 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 372 JOURNAL OF THE SENATE 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 WEDNESDAY, FEBRUARY 17, 1999 373 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. 374 JOURNAL OF THE SENATE 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: MONDAY, FEBRUARY 22, 1999 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: 376 JOURNAL OF THE SENATE 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. 378 JOURNAL OF THE SENATE 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: MONDAY, FEBRUARY 22, 1999 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. 380 JOURNAL OF THE SENATE 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: MONDAY, FEBRUARY 22, 1999 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 109 382 JOURNAL OF THE SENATE 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. MONDAY, FEBRUARY 22, 1999 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 384 JOURNAL OF THE SENATE (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. MONDAY, FEBRUARY 22, 1999 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. 386 JOURNAL OF THE SENATE *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. 388 JOURNAL OF THE SENATE 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. 390 JOURNAL OF THE SENATE (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: 392 JOURNAL OF THE SENATE 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 394 JOURNAL OF THE SENATE 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: 396 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. 398 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. 400 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: 402 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. 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 404 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. 406 JOURNAL OF THE SENATE 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 408 JOURNAL OF THE SENATE 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. 410 JOURNAL OF THE SENATE 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; 412 JOURNAL OF THE SENATE (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- 414 JOURNAL OF THE SENATE 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. TUESDAY, FEBRUARY 23, 1999 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 416 JOURNAL OF THE SENATE 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 418 JOURNAL OF THE SENATE (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." TUESDAY, FEBRUARY 23, 1999 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. 420 JOURNAL OF THE SENATE 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. TUESDAY, FEBRUARY 23, 1999 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 422 JOURNAL OF THE SENATE 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. 424 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 426 JOURNAL OF THE SENATE 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. WEDNESDAY, FEBRUARY 24, 1999 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: 428 JOURNAL OF THE SENATE 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. 430 JOURNAL OF THE SENATE 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. WEDNESDAY, FEBRUARY 24, 1999 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. 432 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 86,000 337,500 470 JOURNAL OF THE SENATE 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 11,543,887 472 JOURNAL OF THE SENATE Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations. Contracts with the Georgia Rail Passenger Authority.................................... Total Funds Budgeted................................ State Funds Budgeted................................ Departmental Functional Budgets Motor Fuel Tax Budget 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 $ 155 235 280 330 378 476 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. 478 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 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. 480 JOURNAL OF THE SENATE (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 10,000,000 860,000 482 JOURNAL OF THE SENATE 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 86,000 484 JOURNAL OF THE SENATE 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 486 JOURNAL OF THE SENATE 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. 488 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. 494 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. 496 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: 498 JOURNAL OF THE SENATE 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: MONDAY, MARCH 1, 1999 499 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. 500 JOURNAL OF THE SENATE 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: MONDAY, MARCH 1, 1999 501 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- 502 JOURNAL OF THE SENATE 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: MONDAY, MARCH 1, 1999 503 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. 504 JOURNAL OF THE SENATE 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 MONDAY, MARCH 1, 1999 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: 506 JOURNAL OF THE SENATE 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 MONDAY, MARCH 1, 1999 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 508 JOURNAL OF THE SENATE 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: MONDAY, MARCH 1, 1999 509 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 510 JOURNAL OF THE SENATE 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. MONDAY, MARCH 1, 1999 511 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. 512 JOURNAL OF THE SENATE 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: MONDAY, MARCH 1, 1999 513 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: 514 JOURNAL OF THE SENATE "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: MONDAY, MARCH 1, 1999 515 (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 516 JOURNAL OF THE SENATE 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: MONDAY, MARCH 1, 1999 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 518 JOURNAL OF THE SENATE 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 MONDAY, MARCH 1, 1999 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 520 JOURNAL OF THE SENATE 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 MONDAY, MARCH 1, 1999 521 (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 522 JOURNAL OF THE SENATE 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: 524 JOURNAL OF THE SENATE "(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 526 JOURNAL OF THE SENATE 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. 528 JOURNAL OF THE SENATE 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 530 JOURNAL OF THE SENATE 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 JOURNAL OF THE SENATE 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 3,500,000 564 JOURNAL OF THE SENATE 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 MONDAY, MARCH 1, 1999 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 34,162,921 566 JOURNAL OF THE SENATE 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. 568 JOURNAL OF THE SENATE 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 MONDAY, MARCH 1, 1999 573 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. 574 JOURNAL OF THE SENATE (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. MONDAY, MARCH 1, 1999 575 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. 576 JOURNAL OF THE SENATE 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. MONDAY, MARCH 1, 1999 577 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. 578 JOURNAL OF THE SENATE 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. MONDAY, MARCH 1, 1999 579 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. 580 JOURNAL OF THE SENATE 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, MONDAY, MARCH 1, 1999 581 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. 582 JOURNAL OF THE SENATE 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 MONDAY, MARCH 1, 1999 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 584 JOURNAL OF THE SENATE 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 MONDAY, MARCH 1, 1999 585 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. 586 JOURNAL OF THE SENATE (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. MONDAY, MARCH 1, 1999 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. 588 JOURNAL OF THE SENATE /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 590 JOURNAL OF THE SENATE 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. 592 JOURNAL OF THE SENATE 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 594 JOURNAL OF THE SENATE 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: TUESDAY, MARCH 2, 1999 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: 596 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 2, 1999 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 598 JOURNAL OF THE SENATE 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: TUESDAY, MAECH 2, 1999 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 600 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 2, 1999 601 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: 602 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 2, 1999 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) 604 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 2, 1999 605 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: 606 JOURNAL OF THE SENATE 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) TUESDAY, MARCH 2, 1999 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 608 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 2, 1999 609 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: 610 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 2, 1999 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 612 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 2, 1999 613 (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. 614 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 2, 1999 615 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 616 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 2, 1999 617 (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. 618 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 2, 1999 619 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 620 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 2, 1999 621 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. 622 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 2, 1999 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- 624 JOURNAL OF THE SENATE 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: TUESDAY, MARCH 2, 1999 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. 626 JOURNAL OF THE SENATE 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: TUESDAY, MARCH 2, 1999 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, 628 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 2, 1999 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: 630 JOURNAL OF THE SENATE 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 632 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 2, 1999 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: 634 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 2, 1999 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. 636 JOURNAL OF THE SENATE 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. WEDNESDAY, MARCH 3, 1999 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. 638 JOURNAL OF THE SENATE 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: WEDNESDAY, MARCH 3, 1999 639 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- 640 JOURNAL OF THE SENATE 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. WEDNESDAY, MARCH 3, 1999 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: 642 JOURNAL OF THE SENATE 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. WEDNESDAY, MARCH 3, 1999 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 644 JOURNAL OF THE SENATE 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: WEDNESDAY, MARCH 3, 1999 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. 646 JOURNAL OF THE SENATE 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: WEDNESDAY, MARCH 3, 1999 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. 648 JOURNAL OF THE SENATE 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 649 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: 650 JOURNAL OF THE SENATE 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: WEDNESDAY, MARCH 3, 1999 651 "(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: 652 JOURNAL OF THE SENATE 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. WEDNESDAY, MARCH 3, 1999 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 654 JOURNAL OF THE SENATE 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: WEDNESDAY, MARCH 3, 1999 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 656 JOURNAL OF THE SENATE 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." WEDNESDAY, MARCH 3, 1999 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; 658 JOURNAL OF THE SENATE (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; WEDNESDAY, MARCH 3, 1999 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- 660 JOURNAL OF THE SENATE 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. WEDNESDAY, MARCH 3, 1999 661 (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 662 JOURNAL OF THE SENATE (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 WEDNESDAY, MARCH 3, 1999 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 664 JOURNAL OF THE SENATE 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- 666 JOURNAL OF THE SENATE 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. 668 JOURNAL OF THE SENATE 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. 670 JOURNAL OF THE SENATE 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. 672 JOURNAL OF THE SENATE (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; \o) USu Sifiy LiLb 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 isLiet/t) ui1 lil^ilVv&y OH tile kJtciLc lll^liwii^ oyStelH WIllCil Hit; u.c^j 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;cilCuly 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_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 wO 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 972 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 10, 1999 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.'". 974 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 10, 1999 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 976 JOURNAL OF THE SENATE 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". 978 JOURNAL OF THE SENATE 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 980 JOURNAL OF THE SENATE 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. 982 JOURNAL OF THE SENATE 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: 984 JOURNAL OF THE SENATE "(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 (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 986 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 10, 1999 987 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 JOURNAL OF THE SENATE 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: WEDNESDAY, MARCH 10, 1999 989 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 990 JOURNAL OF THE SENATE (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. WEDNESDAY, MAECH 10, 1999 991 (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. 992 JOURNAL OF THE SENATE (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. WEDNESDAY, MARCH 10, 1999 993 (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. 994 JOURNAL OF THE SENATE 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. WEDNESDAY, MARCH 10, 1999 995 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. 996 JOURNAL OF THE SENATE 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 997 (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 998 JOURNAL OF THE SENATE 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- WEDNESDAY, MARCH 10, 1999 999 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: 1000 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 LuilinOliS ul CuiiLiilUlli^ ^eii'lilfeiiillcllL j.1 Lllc l&SL