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 TWO 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 GWINNETT 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 1070 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, March 16, 1999 Thirty-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 and Senate: HB 923. By Representatives Roberts of the 162nd, Dukes of the 161st and Everett of the 163rd: A bill to amend an Act creating the Dougherty Judicial Circuit, so as to provide for an increase in the county supplement to the judges of such judicial circuit. HB 928. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A bill to amend an Act creating the Cherokee County Parks and Recreation Authority, so as to change certain provisions regarding repayment of indebtedness and termination of the authority. HB 929. By Representative Stokes of the 92nd: A bill to amend an Act granting a new charter to the City of Covington, so as to eliminate two at-large posts on the city council; to change the method of filling any vacancy in the office of mayor or council member. HB 930. By Representatives Ray of the 128th and James of the 140th: A bill to amend an Act creating the board of commissioners of Peach County, so as to change the compensation of the chairperson of such board. HB 932. By Representatives Ehrhart of the 36th, Franklin of the 39th, Shipp of the 38th and others: A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to provide for changes in the compensation of the judges of the Juvenile Court of Cobb County. HB 933. By Representatives Purcell of the 147th and Barnard of the 154th: A bill to amend an Act entitled "An Act to amend, consolidate, create, revise, and supersede the several Acts incorporating the City of Pembroke," so as to provide for council districts. HB 936. By Representative Tolbert of the 25th: TUESDAY, MARCH 16, 1999 1071 A bill to amend an Act creating a new charter for the Town of Pendergrass, so as to define the corporate limits of said city. HB 938. By Representatives Jones of the 71st, Henson of the 65th, Teper of the 61st and others: A bill to amend an Act creating the DeKalb County Civic Center Authority, so as to change provisions relating to the appointment of members to such authority. HB 940. By Representatives Stallings of the 100th and West of the 101st: A bill to amend an Act amending, revising, superseding, and consolidating the laws pertaining to the governing authority of Carroll County, so as to change the provisions relating to the compensation of the commissioners; to provide for cost-of-living increases. HB 941. By Representatives Stallings of the 100th and West of the 101st: A bill to provide for the nomination and election of the probate judge of Carroll County in nonpartisan primaries and elections. HB 942. By Representative Shanahan of the 10th: A bill to provide for the board of elections of Gordon County. HB 943. By Representatives Snelling of the 99th and Hembree of the 98th: A bill to create the State Court of Douglas County. HB 944. By Representatives Snelling of the 99th and Hembree of the 98th: A bill to amend an Act known as the "Douglas County Community Improvement Districts Act," so as to change the members of the boards of community improvement districts. HB 949. By Representative Smith of the 91st: A bill to provide a new charter for the Town of Buckhead. HB 950. By Representative Dukes of the 161st: A bill to provide a new charter for the City of Colquitt. HB 951. By Representatives Walker of the 141st, James of the 140th, Bohannon of the 139th and others: A bill to amend an Act reincorporating and providing a new charter for the City of Perry in Houston County, so as to change the corporate limits of the City of Perry by annexing certain territory into the city. HB 969. By Representatives Roberts of the 162nd and Dukes of the 161st: A bill to amend an Act creating a Board of Commissioners of Dougherty County, so as to change the compensation of the chairperson and members of the board. SB 134. By Senator Thompson of the 33rd: 1072 JOURNAL OF THE SENATE A bill to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas Counties, as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers; to provide for the authority of this Act. HB 931. By Representatives Hammontree of the 4th and Mann of the 5th: A bill to amend an Act providing a homestead exemption from certain Whitfield 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 are 65 years of age or over and have annual incomes not exceeding $15,000.00 so as to provide for an increase in the exemption amount and the income ceiling. HB 948. By Representative Smith of the 91st: A bill to provide a homestead exemption from certain City of Madison ad valorem taxes for city purposes in an amount of up to $10,000.00 of the assessed value of the homestead for certain residents of that city who are 65 years of age or older. HB 965. By Representatives Jackson of the 148th, Day of the 153rd, Pelote of the 149th and others: A bill to provide for a homestead exemption from certain City of Savannah ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted assessed value of such homestead for the taxable year immediately preceding the taxable year in which this exemption was first granted to the current owner of such homestead. SB 41. By Senator Egan of the 40th: A bill to amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, 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 operating agreement, a member with respect to which an event of dissociation occurs is not entitled to receive any payment by reason of such event and will become an assignee as to such limited liability company interest. The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate: SB 207. By Senator Thomas of the 10th: 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 appointment and removal of certain officers and employees of DeKalb County. SB 128. By Senator Madden of the 47th: A bill to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisitions and dispositions of hospitals, so as to change the provisions relating to definitions; to provide for an effective date. TUESDAY, MARCH 16, 1999 1073 SB 62. By Senators Lamutt of the 21st, Polak of the 42nd, Johnson of the 1st and others: A hill to amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Electronic Records and Signatures Act," so as to change the provisions relating to definitions; to provide for the legal effect, validity, and admissibility of electronic records, electronic signatures, and secure electronic signatures; to provide for exceptions. 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 Article 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, livestock market operators, livestock dealers, livestock brokers, and warehousemen. The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate: 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 Annotated, relating to the county officers' and employees' health plans, so as to amend certain provisions relating to election of plans; to provide for related matters; to provide an effective date. The House has adopted by the requisite constitutional majority the following resolutions 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". 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 located in Elbert County, Georgia; authorizing the conveyance of certain state owned real property located in Floyd County, Georgia; authorizing the conveyance of certain state owned real property located in Glascock County, Georgia. The following bills were introduced, read the first time and referred to committee: SB 276. By Senator Lamutt of the 21st: A bill to amend an Act reincorporating the City of Marietta, as amended, so as to deannex a certain area of the city. Referred to Committee on State and Local Governmental Operations. 1074 JOURNAL OF THE SENATE SB 277. By Senator Cable of the 27th: A bill to amend an Act to provide a new charter for the City of Forsyth, as amended, so as to repeal term limits on the office of mayor. Referred to Committee on State and Local Governmental Operations. SB 278. By Senator Hooks of the 14th: A bill to amend an Act creating and establishing the Taylor County Building Authority so as to provide for an additional power which may be exercised by such authority; to provide an effective date. Referred to Committee on State and Local Governmental Operations. SB 279. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act creating a Magistrate's Court of Rockdale County, as amended, so as to change the provisions relating to the annual salary of the chief magistrate; to provide an effective date. Referred to Committee on State and Local Governmental Operations. SB 280. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act creating the office of tax commissioner of Rockdale County, as amended, so as to change the provisions relating to the salary of the tax commissioner; to provide an effective date. Referred to Committee on State and Local Governmental Operations. SB 281. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act placing the sheriff of Rockdale County on an annual salary, as amended, so as to change the provisions relating to the compensation of the sheriff; to provide an effective date. Referred to Committee on State and Local Governmental Operations. SB 282. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, as amended, so as to change the provisions relating to the compensation of the clerk of the superior court; to provide an effective date. Referred to Committee on State and Local Governmental Operations. SB 283. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, as amended, so as to change the provisions relating to the compensation of the coroner; to provide an effective date. Referred to Committee on State and Local Governmental Operations. SB 284. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act creating a board of commissioners for Rockdale County, as amended, so as to change the provisions relating to the compensation of the chairperson and the other members of the board of commissioners; to provide an effective date. TUESDAY, MARCH 16, 1999 1075 Referred to Committee on State and Local Governmental Operations. SB 285. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act creating the State Court of Rockdale County, as amended, so as to change the provisions relating to the salary of the judge of said court; to provide an effective date. Referred to Committee on State and Local Governmental Operations. SB 286. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, as amended, so as to change the provisions relating to the compensation of the judge of the probate court; to provide an effective date. Referred to Committee on State and Local Governmental Operations. SB 287. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act providing for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Rockdale Judicial Circuit so as to change the amount of such supplement; to provide an effective date. Referred to Committee on State and Local Governmental Operations. The following bills were read the first time and referred to committee: HB 923. By Representative Roberts of the 162nd: A bill to amend an Act creating the Dougherty Judicial Circuit, so as to provide for an increase in the county supplement to the judges of such judicial circuit. Referred to Committee on State and Local Governmental Operations. HB 928. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A bill to amend an Act creating the Cherokee County Parks and Recreation Authority, so as to change certain provisions regarding repayment of indebtedness and termination of the authority. Referred to Committee on State and Local Governmental Operations. HB 929. By Representative Stokes of the 92nd: A bill to amend an Act granting a new charter to the City of Covington, so as to eliminate two at-large posts on the city council; to change the method of filling any vacancy in the office of mayor or council member. Referred to Committee on State and Local Governmental Operations. HB 930. By Representatives Ray of the 128th and James of the 140th: A bill to amend an Act creating the board of commissioners of Peach County, so as to change the compensation of the chairperson of such board. Referred to Committee on State and Local Governmental Operations. HB 931. By Representatives Hammontree of the 4th and Mann of the 5th: 1076 JOURNAL OF THE SENATE A bill to amend an Act providing a homestead exemption from certain Whitfield 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 are 65 years of age or over and have annual incomes not exceeding $15,000.00 so as to provide for an increase in the exemption amount and the income ceiling. Referred to Committee on State and Local Governmental Operations. HB 932. By Representatives Ehrhart of the 36th, Franklin of the 39th, Shipp of the 38th and others: A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to provide for changes in the compensation of the judges of the Juvenile Court of Cobb County. Referred to Committee on State and Local Governmental Operations. HB 933. By Representatives Purcell of the 147th and Barnard of the 154th: A bill to amend an Act entitled "An Act to amend, consolidate, create, revise, and supersede the several Acts incorporating the City of Pembroke," so as to provide for council districts. Referred to Committee on State and Local Governmental Operations. HB 936. By Representative Tolbert of the 25th: A bill to amend an Act creating a new charter for the Town of Pendergrass, so as to define the corporate limits of said city. Referred to Committee on State and Local Governmental Operations. HB 938. By Representatives Jones of the 71st, Henson of the 65th, Teper of the 61st and others: A bill to amend an Act creating the DeKalb County Civic Center Authority, so as to change provisions relating to the appointment of members to such authority. Referred to Committee on State and Local Governmental Operations. HB 940. By Representatives Stallings of the 100th and West of the 101st: A bill to amend an Act amending, revising, superseding, and consolidating the laws pertaining to the governing authority of Carroll County, so as to change the provisions relating to the compensation of the commissioners; to provide for cost-of-living increases. Referred to Committee on State and Local Governmental Operations. HB 941. By Representatives Stallings of the 100th and West of the 101st: A bill to provide for the nomination and election of the probate judge of Carroll County in nonpartisan primaries and elections. Referred to Committee on State and Local Governmental Operations. HB 942. By Representative Shanahan of the 10th: A bill to provide for the board of elections of Gordon County. Referred to Committee on State and Local Governmental Operations. TUESDAY, MARCH 16, 1999 1077 HB 943. By Representatives Snelling of the 99th and Hembree of the 98th: A bill to create the State Court of Douglas County. Referred to Committee on State and Local Governmental Operations. HB 944. By Representatives Snelling of the 99th and Hembree of the 98th: A bill to amend an Act known as the "Douglas County Community Improvement Districts Act," so as to change the members of the boards of community improvement districts. Referred to Committee on State and Local Governmental Operations. HB 948. By Representative Smith of the 91st: A bill to provide a homestead exemption from certain City of Madison ad valorem taxes for city purposes in an amount of up to $10,000.00 of the assessed value of the homestead for certain residents of that city who are 65 years of age or older. Referred to Committee on State and Local Governmental Operations. HB 949. By Representative Smith of the 91st: A bill to provide a new charter for the Town of Buckhead. Referred to Committee on State and Local Governmental Operations. HB 950. By Representative Dukes of the 161st: A bill to provide a new charter for the City of Colquitt. Referred to Committee on State and Local Governmental Operations. HB 951. By Representatives Walker of the 141st, James of the 140th, Bohannon of the 139th and others: A bill to amend an Act reincorporating and providing a new charter for the City of Perry in Houston County, so as to change the corporate limits of the City of Perry by annexing certain territory into the city. Referred to Committee on State and Local Governmental Operations. HB 965. By Representatives Jackson of the 148th, Day of the 153rd, Pelote of the 149th and others: A bill to provide for a homestead exemption from certain City of Savannah ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted assessed value of such homestead for the taxable year immediately preceding the taxable year in which this exemption was first granted to the current owner of such homestead. Referred to Committee on State and Local Governmental Operations. HB 969. By Representatives Roberts of the 162nd and Dukes of the 161st: A bill to amend an Act creating a Board of Commissioners of Dougherty County, so as to change the compensation of the chairperson and members of the board. Referred to Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: 1078 JOURNAL OF THE SENATE Mr. President: The Committee on Appropriations has had under consideration the following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 101. Do pass by substitute. HB 144. Do pass by substitute. HB 506. Do pass. HR 47. Do pass. HR 94. Do pass. HR 157. Do pass. HR 161. Do pass. HR 164. Do pass. HR 200. Do pass. HR 304. Do pass. HR 364. Do pass. HR 365. Do pass. Respectfully submitted, Senator Hooks of the 14th District, Chairman 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 230. Do pass. HB 257. Do pass. HB 317. Do pass. HB 429. Do pass. HB 502. Do pass. HB 562. Do pass. HB 847. Do pass. Respectfully submitted, Senator Cheeks of the 23rd District, Chairman Mr. President: The Committee on Health and Human Services 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 462. Do pass. HB 577. Do pass as amended. HB 717. Do pass as amended. HB 852. Do pass as amended. Respectfully submitted, Senator Stokes of the 43rd District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 215. Do pass. HB 249. Do pass. HB 417. Do pass. HB 727. Do pass. HB 213. Do pass by substitute. HB 414. Do pass as amended. HB 415. Do pass. HB 416. Do pass as amended. HB 421. Do pass. Respectfully submitted, Senator Kemp of the 3rd District, Chairman Mr. President: TUESDAY, MARCH 16, 1999 1079 The Committee on Public Safety has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 587. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Committee on Retirement 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 566. Do pass. Respectfully submitted, Senator Huggins of the 53rd 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 35. Do pass. Respectfully submitted, Senator Scott of the 36th 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 259. Do pass as amended. HB 804. Do pass. Respectfully submitted, Senator Egan of the 40th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 269. Do pass. SB 270. Do pass. HB 418. Do pass. HB 829. Do pass. HB 831. Do pass. HB 861. Do pass. HB 869. Do pass. HB 871. Do pass as amended. HB 879. Do pass. HB 884. Do pass. HB 885. Do pass. HB 889. Do pass. HB 895. Do pass. HB 896. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman 1080 JOURNAL OF THE SENATE The following bills and resolutions were read the second time: SR 180 HB 289 HB 399 HB 459 HB 580 HB 695 HB 788 SR 242 HB 298 HB 406 HB 530 HB 597 HB 696 HB 822 HB 80 HB 318 HB 423 HB 531 HB 635 HB 699 HE 167 HB 146 HB 337 HB 432 HB 560 HB 636 HB 701 HR 215 HB 165 HB 351 HB 438 HB 561 HB 677 HB 752 HR 325 HB 287 HB 370 HB 458 HB 564 HB 681 HB 755 The President called for the morning roll call, and the following Senators answered to their names: Blitch Broun, 46th Brown, 26th Brush Burton Butler Cable Cagle Crotts Dean Egan Fort Gillis Gingrey Golden Guhl Harbison Hecht Hill Hooks Huggins Jackson James Johnson,D Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable Meyer von Bremen Perdue Polak Price,R Price.T Ragan Ray Roberts Scott Smith Starr Stephens Stokes Streat Tanksley Tate Thomas.D Thomas,N Thompson Walker Williams Those not answering were: Balfour Bowen Cheeks The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Guhl of the 45th introduced the chaplain of the day, Reverend Glen Money, pastor of First Baptist Church, Monroe, Georgia, who offered scripture reading and prayer. Senator Stephens of the 51st introduced the Fannin County High School Lady Rebels Basketball Team, commended by SR 268, adopted previously. The following resolutions were read and adopted: SR 273. By Senator Crotts of the 17th: A resolution commending and congratulating Shawn Matteo. SR 274. By Senators Stokes of the 43rd and Butler of the 55th: A resolution recognizing the Honorable Gloria Travis Tanner. SR 275. By Senator Cagle of the 49th: TUESDAY, MARCH 16, 1999 1081 A resolution commending the West Hall Girls Basketball Team. SR 277. By Senators Thompson of the 33rd and Stokes of the 43rd: A resolution commending David Goldberg and the Horizon Section of The Atlanta Journal-Constitution. SR 278. By Senators Ray of the 48th and Cagle of the 49th: A resolution commending Bill Case. SR 279. By Senator Dean of the 31st: A resolution honoring the members and pastors of Tabernacle Baptist Church. SR 280. By Senators Ragan of the llth and Meyer von Bremen of the 12th: A resolution commending the Mitchell-Baker High School Eagles varsity cheerleaders. SR 281. By Senators Ragan of the llth and Meyer von Bremen of the 12th: A resolution commending the Mitchell-Baker High School Eagles basketball team. 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 Senate: SB 9. By Senators Dean of the 31st, Hill of the 4th, Johnson of the 2nd and others: A bill to amend Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the Claims Advisory Board, so as to exclude certain small claims from payments by the Claims Advisory Board and the state department or agency affected. Senator Starr of the 44th moved that Senator Cheeks of the 23rd be excused. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Cheeks was excused. 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 16, 1999 THIRTY-FIFTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 269 Huggins, 53rd CHATTOOGA COUNTY A bill to amend an Act entitled "An Act creating the State Court of Chattooga County," as amended, so as to change the salary provisions relative to the judge and solicitor-general of such court. 1082 JOURNAL OF THE SENATE SB 270 HB 418 HB 829 HB 831 HB 861 HB 869 HB 871 Madden, 47th JACKSON COUNTY A bill to amend an Act incorporating the Town of Braselton in the County of Jackson, as amended, so as to change the provisions relating to penalties that may be imposed by the municipal court; to change other provisions relating to the municipal court and the judge of such court; to provide for severability. Hill, 4th EFFINGHAM COUNTY A bill to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Effingham," so as to change the compensation of the chairperson and members of such board of commissioners. Madden, 47th JACKSON COUNTY A bill to amend the "Jackson County Water and Sewerage Authority Act," so as to provide for certain specific powers of the Jackson County Water and Sewerage Authority. Harbison, 15th Land, 16th MUSCOGEE COUNTY A bill to amend an Act creating the Muscogee County School District, so as to change the provisions relating to the compensation and expense reimbursement of the members of the board of education. Thomas, 54th MURRAY COUNTY A bill to amend an Act creating the office of commissioner of Murray County, which converted the government to a board of commissioners, so as to provide for the powers of the county manager; to provide for a sole commissioner form of government for Murray County contingent on the passage of a referendum. Blitch, 7th WARE COUNTY A bill to amend an Act creating the State Court of Ware County, so as to provide for the compensation of the solicitor-general and the judge of said court. Balfour, 9th Ray, 48th TOWN OF SNELLVILLE TUESDAY, MARCH 16, 1999 1083 HB 879 HB 884 HB 885 HB 889 HB 895 HB 896 A bill to amend an Act incorporating the Town of Snellville (later renamed the City of Snellville), so as to change provisions relating to the corporate boundaries; to provide for an official map and written description of the corporate limits; to provide for resignation from one municipal office before qualifying for another municipal office; to provide for four-year terms for the mayor and councilmembers. (AMENDMENT) Blitch, 7th Williams, 6th CITY OF WAYCROSS A bill to amend an Act providing a new charter for the City of Waycross, so as to change provisions relating to the authority of the city commission of the City of Waycross to sell or convey city parks or public squares; to authorize the city commission to sell or convey city parks located outside of the Waycross corporate limits without referendum approval. Streat, 19th ATKINSON COUNTY A bill to amend an Act reconstituting the Board of Education of Atkinson County, so as to change the compensation of the members of the board of education. Huggins, 53rd Thomas, 54th WHITFIELD COUNTY A bill to amend an Act entitled "An Act creating the board of commissioners of Whitfield County," so as to authorize the board of commissioners to provide for a change in the compensation of the chairperson and members of such board. Cable, 27th UPSON COUNTY A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Upson County, so as to provide for matters under the exclusive jurisdiction and control of the board of commissioners; to provide for the appointment of a county manager and county clerk. Streat, 19th CITY OF FITZGERALD and BEN HILL COUNTY A bill to amend an Act creating the Fitzgerald and Ben Hill County Development Authority, so as to change the provisions relating to the secretary of the Authority; to provide for the creation of the office of Executive Secretary of the Authority. Streat, 19th BEN HILL COUNTY 1084 JOURNAL OF THE SENATE A bill to create and establish the Fitzgerald-Ben Hill County Charter Commission. The amendment to the following bill was put upon its adoption: *HB 871: The Senate State and Local Governmental Operations Committee offered the following amendment: Amend HB 871 by striking lines 28 and 29 of page 8 and inserting in lieu thereof the following: "Said Act is further amended by striking in its entirety subsection (a) of Section 12." On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Bowen Y Broun, 46th Y Brown, 26th Brush Y Burton Y Butler Y Cable Y Cagle EX 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 Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr 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 51, nays 0. The bills on the Local Consent Calendar, except HB 871, having received the requisite constitutional majority, were passed. HB 871, having received the requisite constitutional majority, was passed as amended. Senator Marable of the 52nd introduced Dr. Bill Barr, commended by SR 164, adopted previously. SENATE RULES CALENDAR Tuesday, March 16, 1999 TUESDAY, MARCH 16, 1999 1085 THIRTY-FIFTH LEGISLATIVE DAY HB 312 Real estate appraisers; amend provisions (Substitute)(DS&T-8th) Powell-23rd HR 204 HB 121 Baldwin, Meriwether, Rabun, and Sumter Counties; convey property (F&PU-31st) Lucas-124th Insurance; tobacco crop; length of coverage (Ag-6th) Barnard-154th HB 610 Income tax credit; employer provided or sponsored child care (Substitute)(F&PU-33rd) Smith-175th HB 53 Alimony or child support; certain motions; new action not required (Judy-3rd) Murphy-18th HB 262 Retirement and Pensions; Code corrections (S Judy-40th) Martin-47th HB 224 Corporations; proxies; appoint by electronic transmission (SubstituteXS Judy-40th) Reichert-126th HB 553 HB 77 Local governments; homeowner tax relief grants (F&PU-33rd) Smith175th (ENGROSSED IN HOUSEXENGROSSED IN SENATE) Milk and milk products; amend provisions (Ag-llth) Reaves-178th HR 269 CA: Ad valorem tax; homeowner's incentive adjustment (F&PU-33rd) Smith-175th (ENGROSSED IN HOUSEXENGROSSED IN SENATE) HB 78 Certain corn products; repacking; repeal certain provisions (Ag-24th) Reaves-178th HB 541 Agricultural Commodity Commission for Peanuts; authorize certain use of property (Ag-llth) Reaves-178th HB 67 Superior court clerks; information recordation; military discharge books (DS&T-40th) Birdsong-123rd HB 173 Fire extinguishers and suppression systems; redefine "firm" (C Aff15th) Snow-2nd 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 312. By Representatives Powell of the 23rd, Hudson of the 156th, Walker of the 141st and others: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to authorize the Georgia Real Estate Appraisers Board to adopt regulations establishing procedures to reduce the use and retention of paper forms and documents, for the submission of forms and documents by facsimile or electronic means, and for satisfying signature requirements by electronic or voice signature or other means. 1086 JOURNAL OF THE SENATE Senate Sponsor: Senator Golden of the 8th. The Senate Defense, Science and Technology Committee offered the following substitute to HB 312: A BILL To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to authorize the Georgia Real Estate Appraisers Board to adopt regulations establishing procedures to reduce the use and retention of paper forms and documents, for the submission of forms and documents by facsimile or electronic means, and for satisfying signature requirements by electronic or voice signature or other means; to authorize such board to make certain certifications based on electronic data and to implement a paper records retention policy; to authorize such board to issue citations for apparent violations of Chapter 39A of this title, regulations issued thereunder, or appraiser standards of conduct; to provide for penalties which may be imposed in conjunction with the issuance of a citation and for procedures relating thereto; to authorize the Georgia Real Estate Commission to adopt regulations establishing procedures to reduce the use and retention of paper forms and documents, for the submission of forms and documents by facsimile or electronic means, and for satisfying signature requirements by electronic or voice signature or other means; to authorize such commission to make certain certifications based on electronic data and to implement a paper records retention policy; to authorize such commission to issue citations based on apparent violations of Chapter 40 of this title, regulations issued thereunder, or unfair trade practices; to provide for penalties which may be imposed in conjunction with the issuance of a citation and for procedures relating thereto; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions, is amended in Chapter 39A, relating to real estate appraisers, by adding a new Code Section 43-39A4.1 to read as follows: "43-39A-4.1. Notwithstanding any provision of law to the contrary, with respect to any form or application required to be completed by an applicant or an appraiser, or with respect to any document required to be issued by the board, the board is authorized to promulgate rules and regulations setting forth: (1) Any procedure that will reduce the use of paper forms, applications, or documents; (2) Any procedure that will reduce the necessity for the board to maintain paper documents; (3) The procedure for submitting or issuing any such form, application, or document by facsimile or electronic means; and (4) The procedure for satisfying any signature requirement on any such form by electronic signature, voice signature, or other means so long as appropriate security measures are implemented that assure security and verification of any required signature. As used in this Code section, the term 'electronic signature' shall have the same meaning as provided in Code Section 10-12-3." TUESDAY, MARCH 16, 1999 1087 SECTION 2. Said title is further amended by striking in its entirety Code Section 43-39A-6, relating to the seal and records of the Georgia Real Estate Appraisers Board, and inserting in lieu thereof a new Code Section 43-39A-6 to read as follows: "43-39A-6. (a) The board shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'Real Estate Appraisers Board, State of Georgia' and such other device as the board may desire included thereon, by which it shall authenticate the acts of the board. Copies of all records and papers in the office of the board, certified by the signature of the real estate commissioner or the commissioner's designee and the seal of the board, shall be received in evidence in all cases equally and with like effect as the originals. (b) The board shall maintain records so that it may certify the history of appraisers for a period of up to five years preceding the date of certification. The board may certify the classification history of an appraiser based on electronic data that it maintains. When that electronic data is derived from a paper record, upon converting the information on the paper record to electronic form and after verification of the electronic record, the board may: (1) Properly destroy the paper record; or (2) Retain the paper record for a period of time determined by the board." SECTION 3. Said title is further amended in Chapter 39A, relating to real estate appraisers, by adding a new Code Section 43-39A-18.1 to read as follows: "43-39A-18.1. (a) It is the intent of the General Assembly to provide the board with a disciplinary tool which is an alternative to the sanctions provided for in subsection (a) of Code Section 43-39A-18. The citation provided for in this Code section shall not be construed as a sanction. (b) Whenever the evidence gathered in an investigation reveals an apparent violation by an appraiser of this chapter, the rules and regulations promulgated by the board, or a standard of conduct, the board, in its discretion, may (1) initiate the process for the imposition of sanctions, as provided for in subsection (a) of Code Section 43-39A-18 and in accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, or (2) issue a citation to the appraiser. Such citation, which shall be served personally or by mail, shall give notice to the appraiser of the alleged violation or violations of this chapter, commission rules, or standard or standards of conduct and inform the appraiser of the opportunity to request a contested case hearing to be held in accordance with the procedures established for such hearings by Chapter 13 of Title 50. A citation issued by the board may include an order to complete a course of study in real estate appraisal or instruction or to pay a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations, with fines for multiple violations limited to $5,000.00 in any one citation, or both. If the appraiser fails to request a hearing within 30 days of the date of service of the citation, the order contained in the citation shall be final. The failure of an appraiser to comply with a final order contained in a citation may be cause for the imposition of a sanction on such person's classification, after notice and opportunity for a hearing. 1088 JOURNAL OF THE SENATE (c) The board is authorized to promulgate rules and regulations to implement this Code section. Such rules may limit the provisions of this chapter and of its rules and regulations and standards of conduct which may be the basis for the issuance of a citation." SECTION 4. Said title is further amended in Chapter 40, relating to real estate brokers and salespersons, by adding a new Code Section 43-40-3.1 to read as follows: "43-40-3.1. Notwithstanding any provision of law to the contrary, with respect to any form or application required to be completed by an applicant or a licensee, or with respect to any document required to be issued by the commission, the commission is authorized to promulgate rules and regulations setting forth: (1) Any procedure that will reduce the use of paper forms, applications, or documents; (2) Any procedure that will reduce the necessity for the commission to maintain paper documents; (3) The procedure for submitting or issuing any such form, application, or document by facsimile or electronic means; and (4) The procedure for satisfying any signature requirement on any such form by electronic signature, voice signature, or other means so long as appropriate security measures are implemented that assure security and verification of any required signature. As used in this Code section, the term 'electronic signature' shall have the same meaning as provided in Code Section 10-12-3." SECTION 5. Said title is further amended by striking in its entirety Code Section 43-40-6, relating to the seal and records of the Georgia Real Estate Commission, and inserting in lieu thereof a new Code Section 43-40-6 to read as follows: "43-40-6. (a) The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'State Real Estate Commission, State of Georgia,' and such other device as the commission may desire included thereon, by which it shall authenticate the acts of the commission. Copies of all records and papers in the office of the commission, certified by the signature of the real estate commissioner or the commissioner's designee and the seal of the commission, shall be received in evidence in all cases equally and with like effect as the originals. (b) The commission shall maintain records so that it may certify the license history of licensees for a period of up to five years preceding the date of certification. The commission may certify the license history of a licensee based on electronic data that it maintains. When that electronic data is derived from a paper record, upon converting the information on the paper record to electronic form and after verification of the electronic record, the commission may: (1) Destroy the paper record; or (2) Retain the paper record for a period of time determined by the commission." SECTION 6. TUESDAY, MARCH 16, 1999 1089 Said title is further amended in Chapter 40, relating to real estate brokers and salespersons, by adding a new Code Section 43-40-25.2 to read as follows: "43-40-25.2. (a) It is the intent of the General Assembly to provide the commission with a disciplinary tool which is an alternative to the sanctions provided for in subsection (a) of Code Section 43-40-25. The citation provided for in this Code section shall not be construed as a sanction. (b) Whenever the evidence gathered in an investigation reveals an apparent violation of this chapter or of the rules and regulations promulgated by the commission or the apparent commission of any unfair trade practice by a licensee, the commission, in its discretion, may (1) initiate the process for the imposition of sanctions, as provided for in subsection (a) of Code Section 43-40-25 and in accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, or (2) issue a citation to the licensee. Such citation, which shall be served personally or by mail, shall give notice to the licensee of the alleged violation or violations of this chapter or commission rules or alleged unfair trade practice or practices and inform the licensee of the opportunity to request a contested case hearing to be held in accordance with the procedures established for such hearings by Chapter 13 of Title 50. A citation issued by the commission may include an order to complete a course of study in real estate brokerage or instruction; to file periodic reports by an independent accountant on a real estate broker's designated trust account; or to pay a fine not to exceed $1,000,00 for each violation of this chapter or its rules and regulations, with fines for multiple violations limited to $5,000.00 in any one citation, or a combination of the above. If the licensee fails to request a hearing within 30 days of the date of service of the citation, the order contained in the citation shall be final. The failure of a licensee to comply with a final order contained in a citation may be cause for the imposition of a sanction on such person's license, after notice and opportunity for a hearing. (c) The commission is authorized to promulgate rules and regulations to implement this Code section. Such rules may limit the provisions of this chapter and of its rules and regulations and unfair trade practices which may be the basis for the issuance of a citation." SECTION 7. This Act shall become effective on July 1, 1999. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Brush Y Burton Y Butler Y Cable Y Cagle EX Cheeks Y Crotts Y Dean Egan Y Fort Y Gillis Y Gingrey Y Golden 1090 JOURNAL OF THE SENATE 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 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 by substitute. 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. 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 EX 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 Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Walker Y Williams TUESDAY, MARCH 16, 1999 1091 On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Roberts of the 30th introduced the doctor of the day, Dr. Raymond Fowler of Douglasville, Georgia. HB 121. By Representative Barnard of the 154th: A bill to amend Chapter 32 of Title 33 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide for available length of terms under certain crop insurance policies providing certain coverage for tobacco crops grown in this state. Senate Sponsor: Senator Williams of the 6th. 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 EX 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 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 52, nays 0. The bill, having received the requisite constitutional majority, was passed. 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 Georgia 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. Senate Sponsor: Senator Thompson of the 33rd. 1092 JOURNAL OF THE SENATE The Senate Finance and Public Utilities Committee offered the following substitute to HB 610: A BILL To be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia 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; to provide for definitions; to provide for procedures, conditions, and limitations relating to such credits; to provide for the recapture of such credits under certain circumstances; to limit Georgia depreciation deductions with respect to qualified child care property for which such credits are claimed; to provide for powers, duties, and authority of the state revenue commissioner with respect 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. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions with respect to income taxes, is amended by adding a new paragraph at the end of subsection (b) of Code Section 48-7-21, relating to taxation of corporations, to be designated paragraph (13), to read as follows: "(13) If the taxpayer claims the tax credit provided for in subsection (d) of Code Section 48-7-40.6 with respect to qualified child care property, Georgia taxable income shall be increased by any depreciation deductions attributable to such property to the extent such deductions are used in determining federal taxable income." SECTION 2. Said article is further amended by adding a new paragraph at the end of subsection (b) of Code Section 48-7-27, relating to computation of taxable income, to be designated paragraph (9), to read as follows: "(9) If the taxpayer claims the tax credit provided for in subsection (d) of Code Section 48-7-40.6 with respect to qualified child care property, Georgia taxable income shall be increased by any depreciation deductions attributable to such property to the extent such deductions are used in determining federal taxable income." SECTION 3. Said article is further amended by striking in its entirety Code Section 48-7-40.6, relating to tax credits for employers providing child care, which reads as follows: "48-7-40.6. (a) As used in this Code section, the term: (1) 'Cost of operation' means reasonable direct operational costs incurred by an employer as a result of providing employer provided or employer sponsored child care facilities. (2) 'Employer' means any employer upon whom an income tax is imposed by this chapter. (3) 'Employer provided' refers to child care offered on the premises of the employer, provided that the facility is in Georgia. TUESDAY, MARCH 16, 1999 1093 (4) 'Employer sponsored' refers to a contractual arrangement with a child care facility that is paid for by the employer. (b) A tax credit shall be granted to an employer who provides or sponsors child care for employees. The amount of the tax credit shall be equal to one-half of the cost of operation to the employer less any amounts paid for by employees during a taxable year. (c) The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the cost of operation was incurred. (d) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the names of the employees, the name of the child care provider, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved child care pursuant to this Code section. The department shall adopt rules and regulations and forms to implement this credit program.", and inserting in its place a new Code Section 48-7-40.6 to read as follows: "48-7-40.6. (a) As used in this Code section, the term: (1) 'Cost of operation' means reasonable direct operational costs incurred by an employer as a result of providing employer provided or employer sponsored child care facilities; provided, however, that the term cost of operation shall exclude the cost of any property that is qualified child care property. (2) 'Employer' means any employer upon whom an income tax is imposed by this article. (3) 'Employer provided' refers to child care offered on the premises of the employer. (4) 'Employer sponsored' refers to a contractual arrangement with a child care facility that is paid for by the employer. (5) 'Premises of the employer' refers to any location within the State of Georgia and located on the workplace premises of the employer providing the child care or one of the employers providing the child care in the event that the child care property is owned jointly or severally by the taxpayer and one or more employers; provided, however, that if such workplace premises are impracticable or otherwise unsuitable for the on-site location of such child care facility, as determined by the commissioner, such facility may be located within a reasonable distance of the premises of the employer. (6) 'Qualified child care property' means all real property and tangible personal property purchased or acquired on or after July 1, 1999, or which property is first placed in service on or after July 1, 1999, for use exclusively in the construction, expansion, improvement, or operation of an employer provided child care facility, but only if: (A) The facility is licensed or commissioned by the Department of Human Resources pursuant to Code Section 49-5-12; (B) At least 95 percent of the children who use the facility are children of employees of: 1094 JOURNAL OF THE SENATE (i) The taxpayer and other employers in the event that the child care property is owned jointly or severally by the taxpayer and one or more employers; or (ii) A corporation that is a member of the taxpayer's 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code; and (C) The taxpayer has not previously claimed any tax credit for the cost of operation for such qualified child care property placed in service prior to taxable years beginning on or after January 1, 2000. Qualified child care property includes, but is not limited to, amounts expended on land acquisition, improvements, buildings, and building improvements and furniture, fixtures, and equipment. (7) 'Recapture amount' means, with respect to property as to which a recapture event has occurred, an amount equal to the applicable recapture percentage of the aggregate credits claimed under subsection (d) of this Code section for all taxable years preceding the recapture year, whether or not such credits were used. (8) 'Recapture event' refers to any disposition of qualified child care property by the taxpayer, or any other event or circumstance under which property ceases to be qualified child care property with respect to the taxpayer, except for: (A) Any transfer by reason of death; (B) Any transfer between spouses or incident to divorce; (C) Any transaction to which Section 381(a) of the Internal Revenue Code applies; (D) Any change in the form of conducting the taxpayer's trade or business so long as the property is retained in such trade or business as qualified child care property and the taxpayer retains a substantial interest in such trade or business; or (E) Any accident or casualty. (9) 'Recapture percentage' refers to the applicable percentage set forth in the following table: If the recapture event occurs within- The recapture percentage is: Five full years after the qualified child care property is placed in service ......... 100 The sixth full year after the qualified child care property is placed in service.... 90 The seventh full year after the qualified child care property is placed in service 80 The eighth full year after the qualified child care property is placed in service.. 70 The ninth full year after the qualified child care property is placed in service ... 60 The tenth full year after the qualified child care property is placed in service.... 50 The eleventh full year after the qualified child care property is placed in service 40 The twelfth full year after the qualified child care property is placed in service. 30 The thirteenth full year after the qualified child care property is placed in service .. 20 The fourteenth full year after the qualified child care property is placed in service.. 10 Any period after the close of the fourteenth full year after the qualified child care property is placed in service........................................................................................ 0 TUESDAY, MARCH 16, 1999 1095 (10) 'Recapture year' means the taxable year in which a recapture event occurs with respect to qualified child care property. (b) A tax credit against the tax imposed under this article shall be granted to an employer who provides or sponsors child care for employees. The amount of the tax credit shall be equal to 75 percent of the cost of operation to the employer less any amounts paid for by employees during a taxable year. (c) The tax credit allowed under subsection (b) of this Code section shall be subject to the following conditions and limitations: (1) Such credit shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to any other credits; (2) Any such credit claimed but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the cost of operation was incurred; and (3) The employer shall certify to the department the names of the employees, the name of the child care provider, and such other information as may be required by the department to ensure that credits are granted only to employers who provide or sponsor approved child care pursuant to this Code section. (d) In addition to the tax credit provided under subsection (b) of this Code section, a taxpayer shall be allowed a credit against the tax imposed under this article for the taxable year in which the taxpayer first places in service qualified child care property and for each of the ensuing nine taxable years following such taxable year. The aggregate amount of the credit shall equal 100 percent of the cost of all qualified child care property purchased or acquired by the taxpayer and first placed in service during a taxable year, and such credit may be claimed at a rate of 10 percent per year over a period of ten taxable years. (e) The tax credit allowable under subsection (d) of this Code section shall be subject to the following conditions and limitations: (1) Any such credit claimed in any taxable year but not used in such taxable year may be carried forward for three years from the close of such taxable year. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility for the credit in any succeeding taxpayer; (2) In no event shall the amount of any such tax credit, including any carryover of such credit from a prior taxable year, exceed 50 percent of the taxpayer's income tax liability as determined without regard to any other credits; and (3) For every year in which a taxpayer claims such credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return setting forth the following information with respect to such tax credit: (A) A description of the child care facility; (B) The amount of qualified child care property acquired during the taxable year and the cost of such property; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified child care property acquired in prior taxable years and the cost of such property; (E) Any tax credit utilized by the taxpayer in prior taxable years; (F) The amount of tax credit carried over from prior years; 1096 JOURNAL OF THE SENATE (G) The amount of tax credit utilized by the taxpayer in the current taxable year; (H) The amount of tax credit to be carried forward to subsequent tax years; and (I) A description of any recapture event occurring during the taxable year, a calculation of the resulting reduction in tax credits allowable for the recapture year and future taxable years, and a calculation of the resulting increase in tax for the recapture year. (f) If a recapture event occurs with respect to qualified child care property: (1) The credit otherwise allowable under subsection (d) of this Code section with respect to such property for the recapture year and all subsequent taxable years shall be reduced by the applicable recapture percentage; and (2) All credits previously claimed with respect to such property under subsection (d) of this Code section shall be recaptured as follows: (A) Any carryover attributable to such credits under paragraph (1) of subsection (e) of this Code section shall be reduced, but not below zero, by the recapture amount; (B) The tax credit otherwise allowable under subsection (d) of this Code section for the recapture year, if any, as reduced under paragraph (1) of this subsection, shall be further reduced, but not below zero, by the excess of the recapture amount over the amount taken into account under subparagraph (A) of this paragraph; and (C) The tax imposed under this article for the recapture year shall be increased by the excess of the recapture amount over the amounts taken into account under subparagraphs (A) and (B) of this paragraph, as applicable. (g) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2000. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle EX 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 TUESDAY, MARCH 16, 1999 1097 Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 53. By Representative Murphy of the 18th: A bill to clarify that a motion to enforce an alimony or child support order by attachment for contempt is a part of the underlying action and does not con- stitute a new action; to amend Code Section 19-6-28 of the Official Code of Georgia Annotated, relating to enforcement of orders for alimony and child support, so as to provide for the nature of contempt proceedings as a part of the underlying action. _-=( .fc Senate Sponsor: Senator Kemp of the 3rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle EX Cheeks Y Crotts Y Dean Y Egan Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable 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 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. 1098 JOURNAL OF THE SENATE 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 errors 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 Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated. Senate Sponsor: Senator Egan of the 40th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Brush Y Burton Y Butler Y Cable Y Cagle EX Cheeks Y Crotts Y Dean Y Egan Fort Gillis Y Gingrey Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen 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 50, nays 0. The bill, having received the requisite constitutional majority, was passed. 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 Annotated, 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. Senate Sponsor: Senator Egan of the 40th. The Senate Special Judiciary Committee offered the following substitute to HB 224: A BILL TUESDAY, MARCH 16, 1999 1099 To be entitled an Act to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide that certain documents filed with the Secretary of State may be signed by an attorney in fact; to provide that certain documents filed with the Secretary of State electronically may bear the electronic name of the person executing the document in lieu of a signature; to provide for fees; to provide that the Secretary of State may provide for the electronic filing of documents; to define a certain term; to provide for the evidentiary value of documents electronically transmitted; to delete certain provisions relative to the contents of articles of incorporation; to provide that a shareholder may by means of electronic transmission appoint a proxy to vote for him or her; to provide that a parent corporation may merge itself into a subsidiary corporation; to provide that such merger shall not require shareholder approval under certain conditions; to change the definition of the term "beneficial owner"; to change the provisions relating to which activities of a foreign corporation do not constitute transacting business; to change certain provisions relative to the publication of notice of incorporation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships and associations, is amended by striking in its entirety Code Section 14-2-120, relating to filing documents relative to business corporations, and inserting in lieu thereof the following: "14-2-120. (a) A document must satisfy the requirements of this Code section and of any other Code section that adds to or varies these requirements to be entitled to filing by the Secretary of State. (b) This chapter must require or permit filing the document in the office of the Secretary of State. (c) The document must contain the information required by this chapter. It may contain other information as well. (d) The document must be typewritten or printed. (e) The document must be in the English language. A corporate name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation. (f) The document must be executed: (1) By the chairman chairperson of the board of directors of a domestic or foreign corporation, by its president, or by another of its officers; (2) If directors have not been selected or the corporation has not been formed, by an incorporator; or (3) If the corporation is in the hands of a receiver, trustee, or other court appointed fiduciary, by that fiduciary; provided, however, that the person executing the document may do so as an attorney in fact. Powers of attorney relating to the execution of the document do not need to be shown to or filed with the Secretary of State. 1100 JOURNAL OF THE SENATE (g) The person executing the document shall sign it and state beneath or opposite his or her signature his or her name and the capacity in which he or she signs; provided, however, that if the document is electronically transmitted, the electronic version of such person's name may be used in lieu of a signature. The document may but need not contain: (1) The corporate seal; (2) An attestation by the secretary or an assistant secretary; or (3) An acknowledgment, verification, or proof. (h) The document must be delivered to the office of the Secretary of State for filing and must be accompanied by one exact or conformed copy (except as provided in Code Sections 14-2-503 and 14-2-1509), the correct filing fee, any certificate required by Code Section 14-2-201.1, 14-2-1006.1, 14-2-1105.1, or 14-2-1403.1, and any penalty required by this chapter or other law. (i) Notwithstanding the provisions of this chapter, the Secretary of State may authorize the filing of documents by electronic transmission, following the provisions of Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act,' and the Secretary of State shall be authorized to promulgate such rules and regulations as are necessary to implement electronic filing procedures." SECTION 2. Said title is further amended by striking in its entirety Code Section 14-2-127, relating to the evidentiary effect of a copy of a filed document, and inserting in lieu thereof the following: "14-2-127. A certificate attached to a copy of a document or electronic transmission filed by the Secretary of State, bearing his or her signature, which may be in facsimile, and the printed or embossed seal of this state, or its electronic equivalent, is prima-facie evidence that the original document has been filed with the Secretary of State." SECTION 3. Said title is further amended by inserting immediately following paragraph (7) of Code Section 14-2-140, relating to definitions relative to business corporations, a new paragraph to read as follows: "(7.1) 'Electronic transmission' or 'electronically transmitted' means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient." SECTION 4. Said title is further amended by striking in its entirety Code Section 14-2-202, relating to articles of incorporation relative to business corporations, and inserting in lieu thereof the following: "14-2-202. (a) The articles of incorporation must set forth: (1) A corporate name for the corporation that satisfies the requirements of Code Section 14-2-401; (2) The number of shares the corporation is authorized to issue; TUESDAY, MARCH 16, 1999 1101 (3) The street address and county of the corporation's initial registered office and the name of its initial registered agent at that office; (4) The name and address of each incorporator; and (5) The mailing address of the initial principal office cf the corporation, if different from the initial registered office. (b) The articles of incorporation may set forth: (1) The names and addresses of the individuals who are to serve as the initial directors; (2) Provisions not inconsistent with law regarding: (A) The purpose or purposes for which the corporation is organized; (B) Managing the business and regulating the affairs of the corporation; (C) Defining, limiting, and regulating the powers of the corporation, its board of directors, and shareholders; (D) A par value for authorized shares or classes of shares; and (E) The imposition of personal liability on shareholders for the debts of the corporation to a specified extent and upon specified conditions; (3) Any provision that under this chapter is required or permitted to be set forth in the bylaws; (4) A provision eliminating or limiting the liability of a director to the corporation or its shareholders for monetary damages for any action taken, or any failure to take any action, as a director, except liability: (A) For any appropriation, in violation of his or her duties, of any business opportunity of the corporation; (B) For acts or omissions which involve intentional misconduct or a knowing violation of law; (C) For the types of liability set forth in Code Section 14-2-832; or (D) For any transaction from which the director received an improper personal benefit, provided that no such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective; and (5) A provision that, in discharging the duties of their respective positions and in determining what is believed to be in the best interests of the corporation, the board of directors, committees of the board of directors, and individual directors, in addition to considering the effects of any action on the corporation or its shareholders, may consider the interests of the employees, customers, suppliers, and creditors of the corporation and its subsidiaries, the communities in which offices or other establishments of the corporation and its subsidiaries are located, and all other factors such directors consider pertinent; provided, however, that any such provision shall be deemed solely to grant discretionary authority to the directors and shall not be deemed to provide to any constituency any right to be considered. (c) The articles of incorporation need not set forth any of the corporate powers enumerated in this chapter." SECTION 5. 1102 JOURNAL OF THE SENATE Said title is further amended by striking in its entirety Code Section 14-2-501, relating to the registered office and registered agent relative to business corporations, and inserting in lieu thereof the following: "14-2-501. Each corporation must continuously maintain in this state: (1) A registered office that may be the same as any of its places of business; and (2) A registered agent, who may be: (A) AII individual A person who resides in this state and whose business office is identical with the registered office; (B) A domestic corporation or nonprofit domestic corporation whose business office is identical with the registered office; or (C) A foreign corporation or nonprofit foreign corporation authorized to transact business in this state whose business office is identical with the registered office." SECTION 6. Said title is further amended by striking in its entirety Code Section 14-2-722, relating to proxies, and inserting in lieu thereof the following: "14-2-722. (a) A shareholder may vote his or her shares in person or by proxy. (b) A shareholder or his or her agent or attorney in fact may appoint a proxy by exe- CU.Liii^ A WTltlXl^ wlllCJl ctU.Lliui'iZitiS flJUtulllei1 jjtJl'SGjtl uil ^JtJi'SGllS CO VOtti Ol OtlierWlcic S.CI IOr tile Siiu1 clj.uluftjt1 tjy sij^iiiil^J clu a^ypoiillllluiil' lOl'lin JcixGCUXlGll illay be STCCOinpTISnGCr "Dy ciny Iti&SuiifciDlti jjlc&iiis, UlCllium^ iilCSlIililc; Li'diiSlillSisiuii, Glt/ilftl1 fid Suiial-Ly Oi* by Effi iLLUnifty in IticL m tlic Ctusi!; 01 sen iiiuiv id ucil s11ui'ft11ol "tllft Cfl.Se Ol diiy Otllei olici LI'iill&ij.liriri iOii, Oi" uLJuei rftli&Olt! fftprOClUCtiuil OT SUCll \viuitlll^ OT Li'ctiiBiinriSlOii IHfly De subsliluted 01 used in lieu uf the oiiginal wiiting ui Uau&miasiun fui any and all pin- ^JUOcri lul wllIUll Lilt; VJllgllldl Wlll/lii^ Ul Li CXllDllllOSlUll l^OulCl UC LiOCLl, ^/ILIVlUCLl LilaL OUull tvjpy, laCoimilc Li em&iiiiacuuii, ui utlici icpiuuuv;Liuii bliitll ue a. uuiuplt^lc; i cpi uduul/iuii ul the entire uiigmal wiitiiig to vote or otherwise act for the shareholder by signing an appointment form or by an electronic transmission. An electronic transmission must contain or be accompanied by information from which it can be determined that the shareholder, the shareholder's agent, or the shareholder's attorney in fact authorized the electronic transmission. (c) An appointment of a proxy is effective when a signed appointment form or facsimite electronic transmission of the signed appointment is received by the inspector of election or the officer or agent of the corporation authorized to tabulate votes. An appointment is valid for 11 months unless a longer period is expressly provided in the appointment form. (d) An appointment of a proxy is revocable unless the appointment form or facsimile electronic transmission states that it is irrevocable and the appointment is coupled with an interest. Appointments coupled with an interest include the appointment of: (1) A pledgee; (2) A person who purchased or agreed to purchase the shares; (3) A creditor of the corporation who extended it credit under terms requiring the appointment; TUESDAY, MARCH 16, 1999 1103 (4) An employee of the corporation whose employment contract requires the appointment; or (5) A party to a voting agreement created under Code Section 14-2-731. (e) The death or incapacity of the shareholder appointing a proxy does not affect the right of the corporation to accept the proxy's authority unless notice of the death or incapacity is received by the secretary or other officer or agent authorized to tabulate votes before the proxy exercises his or her authority under the appointment. (f) An appointment made irrevocable under subsection (d) of this Code section is revoked when the interest with which it is coupled is extinguished. (g) A transferee for value of shares subject to an irrevocable appointment may revoke the appointment if he or she did not know of its existence when he or she acquired the shares and the existence of the irrevocable appointment was not noted conspicuously on the certificate representing the shares or on the information statement for shares without certificates. (h) Subject to Code Section 14-2-724 and to any express limitation on the proxy's authority stated in the appointment form or electronic transmission, a corporation is entitled to accept the proxy's vote or other action as that of the shareholder making the appointment. (i) Any copy, facsimile transmission, or other reliable reproduction of the writing or electronic transmission created pursuant to subsection (b) of this Code section may be substituted or used in lieu of the original writing or electronic transmission for any and all purposes for which the original writing or electronic transmission could be used, provided that such copy, facsimile transmission, or other reproduction shall be a complete reproduction of the entire original writing or electronic transmission. (j) A corporation may adopt bylaws authorizing additional means or procedures for shareholders to exercise rights granted by this Code section." SECTION 7. Said title is further amended by striking in its entirety Code Section 14-2-1006.1, relating to the publication of notice of change of name, and inserting in lieu thereof the following: "14-2-1006.1. (3.) lujJ6tll6r Willi eUiy cU'tlClGS ui dillcHClllteiit Will Oil ll3ilg<6tlie 113.1116 ui tiic uui'pors- tlGIl, tllE Cui jjOi citlOli olicill uciiVt;!" tO l/lit; oeCicteir^ ui k3t&te cl Ct;i Liliutilc eXtCULtu \jy eui uilnjci' Oil QjU.cCT/or 01 suCll CGi Jjui iiLnjiij Ojf ciny JjtJi'sGiiU.ilU.tJl'LctK.111^ ri U.C11 i'^G^U&St uil ue~ lla.il ul tilt! COrjiui'tiLiOii, vci il^Hij^Liiell tilt! I'tsijtiecit lOi* ^)U.ullCttiuil OI ct liOLlCti OliiiteUt TO tlltiiirTlCiGSOI iillielltill!tilTULO Clicili^c tilt; lliilliti ul Llic Cui^jui dLiun ciiiu. Jjfl.ylut;ii L theiefui have been made ah inquiiud by subbucUuii (b) uf this Cudu seutiun. Together with the articles of amendment which change the name of the corporation, the corporation shall deliver to the Secretary of State an undertaking, which may appear in the articles of amendment or be set forth in a letter or other instrument executed by an incorporator or any person authorized to act on behalf of the corporation, to publish a notice of the filing of the articles of amendment as required by subsection (b) of this Code section. (b) 1 i iui tu liiiiig any ai tiulcD ul amcjiuiiidiL wluuli tliciiigc; Hie utiiiit; ul Llic uui'^njiei- tiorr No later than the next business day following the delivery of the articles of amendment and certificate as provided in subsection (a) of this Code section, the corporation shall mail or deliver to the publisher of a newspaper which is the official or- 1104 JOURNAL OF THE SENATE gan of the county where the registered office of the corporation is located or which is a newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form: 'NOTICE OF CHANGE OF CORPORATE NAME Notice is given that articles of amendment which will change the name of _______________ (present corporate name) to _______________ (proposed corporate name) will be have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The registered office of the corporation is located at _______________ (address of registered office).' The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the articles of amendment or the change of the name of the corporation." SECTION 8. Said title is further amended by striking in its entirety Code Section 14-2-1104, relating to the merger of a subsidiary corporation into a parent corporation, and inserting in lieu thereof the following: "14-2-1104. (a) A parent corporation owning at least 90 percent of the outstanding shares of each class of a subsidiary corporation may either merge the subsidiary into itself or merge itself into the subsidiary corporation without approval of the shareholders of the parent or subsidiary except as provided in subsection (b) of this Code section. (b) If a parent corporation merges itself into a subsidiary corporation as provided in subsection (a) of this Code section, the parent corporation shall comply with the requirements of Code Section 14-2-1103 unless: (1) Immediately following the effective time of the merger, the articles of incorporation and the bylaws of the surviving corporation are identical, except for any differences in the articles of incorporation permitted by amendments enumerated in Code Section 14-2-1002, to the articles of incorporation and the bylaws of the parent corporation immediately prior to the effective time of the merger; (2) Each shareholder of the parent corporation whose shares were outstanding immediately prior to the effective time of the merger will receive a like number of shares of the surviving corporation, with designations, preferences, limitations, and relative rights identical to those previously held by each shareholder; (3) The number and kind of shares of the surviving corporation outstanding immediately following the effective time of the merger, plus the number and kind of shares issuable as a result of the merger and by conversion of securities issued pursuant to the merger or the exercise of rights and warrants issued pursuant to the merger, will not exceed the total number and kind of shares of the parent corporation authorized by its articles of incorporation immediately prior to the effective time of the merger; and TUESDAY, MARCH 16, 1999 1105 (4) The directors of the parent corporation become or remain the directors of the surviving corporation upon the effective time of the merger. fbXc) The board of directors of the parent shall adopt a plan of merger that sets forth: (1) The names of the parent and subsidiary; and (2) The manner and basis of converting the shares of the parent or subsidiary into shares, obligations, or other securities of the paient surviving corporation or any other corporation or into cash or other property in whole or in part. fcXd) Within ten days after the corporate action is taken, the paienl surviving corporation shall mail a copy or summary of the plan of merger to each shareholder of the subsidiary or parent who does not waive the mailing requirement in writing. tdXe) Ai tides If the parent corporation is the surviving corporation, articles of merger or a certificate of merger under this Code section may not contain amendments to the articles of incorporation of the parent corporation (except for amendments enumerated in Code Section 14-2-1002)." SECTION 9. Said title is further amended by striking in its entirety paragraph (4) of Code Section 14-2-1110, relating to definitions relative to fair price requirements, and inserting in lieu thereof the following: "(4) 'Beneficial owner' means a person shall be considered to be the beneficial owner of any equity securities: (A) Which such person or any of such person's affiliates or associates owns, directly or indirectly; (B) Which such person or any of such person's affiliates or associates, directly or indirectly, has: (i) The right to acquire, whether such right is exercisable immediately or only after the passage of time, pursuant to any agreement, arrangement, or understanding or upon the exercise of conversion rights, exchange rights, warrants or options, or otherwise; or (ii) The right to vote pursuant to any agreement, arrangement, or understanding; or (C) Which are owned, directly or indirectly, by any other person with which such person or any of such person's affiliates or associates has any agreement, arrangement, or understanding for the purpose of acquiring, holding, voting, or disposing of equity securities; provided, however, that a person shall not be considered to be a beneficial owner of any equity securities which (i) have been tendered pursuant to a tender or exchange offer made by such person or such person's affiliates or associates until such tendered stock is accepted for purchase or exchange or (ii) such person or such person's affiliates or associates have the right to vote pursuant to any agreement, arrangement, or understanding if the agreement, arrangement, or understanding to vote such stock arises solely from a revocable proxy or consent given in response to a proxy or consent solicitation made to ten or more persons." SECTION 10. Said title is further amended by striking in its entirety Code Section 14-2-1131, relating to definitions relative to business combinations with interested stockholders, and inserting in lieu thereof the following: 1106 JOURNAL OF THE SENATE "14-2-1131. For purposes of this part, the definitions contained in Code Section 14-2-1110 shall be applicable with the following exceptions: is jjcii t, a jjci oun on an nvj jL CU. LU UC tllC UCllClltlCli cliuii 14-2-1110, uf. LIW J.1C1 1 CIS LliaL Lei 111 lis Ltclincu. Ill ^jai ci^i ajjll \"xy ui Vjuue k^c (A) Sluuk tendered \'ul f1111 bu a tclluc' ul CA>,.ia.igc uiiei .iiauc uy ouu.1 pciou.i u. airy ul OLU.li pciouiic> dlliiiatcia Oi ci&iSuL-iaLcS ULJLlLll riuL.ll Lei.iuc. cil stuuk .a auucplcil ""5C> "' fu. pun. la=C UI , , (JJ) Aujr equity BGI.U llllCB wluOl OLlUl JJC1BU11 1Jl BULll JJC. OU.. 0 alllUolcB U. OOtHK.1 clLco liavc LIic i i^liL U vuUj pUlBUOllt Lu Blljr aeitscmciit, aiiaugc.ijc.il,, ui U..UC1- sLfuiuiug il Llic cigi 1 icvLiuauic pi u&.y ui tOiioc ......LL...J L ..i:..:i.,i :.... ,,,..,.1.. l.. I...,, ... ..,,..,, ........ J.lllg Lvj v u Lc o uuli D LLFV-.K. elvc" "' i c&jjunoc Lu a iji UA_y ul ) For purposes of this part, 'business combination' means: (A) Any merger or consolidation of the resident domestic corporation or any subsidiary with: (i) any interested shareholder; or (ii) any other corporation, whether or not itself an interested shareholder, which is, or after the merger or consolidation would be, an affiliate of an interested shareholder that was an interested shareholder prior to the consummation of the transaction other than as a result of the interested shareholder's ownership of the resident domestic corporation's voting stock; (B) Any sale, lease, transfer, or other disposition, other than in the ordinary course of business, in one transaction or in a series of transactions, to any interested shareholder or any affiliate or associate of any interested shareholder, other than the resident domestic corporation or any of its subsidiaries, of any assets of the resident domestic corporation or any subsidiary having, measured at the time the transaction or transactions are approved by the board of directors of the resident domestic corporation, an aggregate book value as of the end of the resident domestic corporation's most recently ended fiscal quarter of 10 percent or more of the net assets of the resident domestic corporation as of the end of such fiscal quarter; (C) The issuance or transfer by the resident domestic corporation, or any subsidiary, in one transaction or a series of transactions, of any equity securities of the resident domestic corporation or any subsidiary which have an aggregate market value of 5 percent or more of the total market value of the outstanding common and preferred shares of the resident domestic corporation whose shares are being issued to any interested shareholder or any affiliate or associate of any interested shareholder, other than the resident domestic corporation or any of its subsidiaries, except pursuant to the exercise of warrants or rights to purchase securities offered pro rata to all holders of the resident domestic corporation's voting shares or any other method affording substantially proportionate treatment to the holders of voting shares, and except pursuant to the exercise or conversion of securities exercisable for or convertible into shares of the resident domestic corporation, or any subsidiary, which securities were outstanding prior to the time that any interested shareholder became such; (D) The adoption of any plan or proposal for the liquidation or dissolution of the resident domestic corporation; TUESDAY, MARCH 16, 1999 1107 (E) Any reclassification of securities, including any reverse stock split, or recapitalization of the resident domestic corporation, or any merger or consolidation of the resident domestic corporation with any of its subsidiaries, which has the effect, directly or indirectly, of increasing by 5 percent or more the proportionate amount of the outstanding shares of any class or series of equity securities of the resident domestic corporation or any subsidiary which is directly or indirectly beneficially owned by any interested shareholder or any affiliate of any interested shareholder; (F) Any receipt by the interested shareholder, or any affiliate or associate of the interested shareholder, other than in the ordinary course of business, of the benefit, directly or indirectly (except proportionately as a shareholder of the corporation), of any loans, advances, guarantees, pledges, or other financial benefits or assistance or any tax credits or other tax advantages provided by or through the resident domestic corporation or any of its subsidiaries; or (G) Any share exchange with (i) any interested shareholder or (ii) any other corporation, whether or not itself an interested shareholder, which is, or after the share exchange would be, an affiliate of an interested shareholder that was an interested shareholder prior to the consummation of the transaction; (9X2) For purposes of this part and Part 2 of this article, the presumption of 'control' created by paragraph (7) of Code Section 14-2-1110 shall not apply where such person holds voting stock, in good faith and not for the purpose of circumventing this part or Part 2 of this article, as an agent, bank, broker, nominee, custodian, or trustee for one or more owners who do not individually or as a group have control of the corporation; and (4X3) For purposes of this part, a 'resident domestic corporation' means: (A) An issuer of voting stock which is organized under the laws of this state and which has at least 100 beneficial owners in this state and either: (i) Has its principal office located in this state; (ii) Has at least 10 percent of its outstanding voting shares beneficially owned by residents of this state; (hi) Has at least 10 percent of the holders of its outstanding voting shares beneficially owned by residents of this state; or (iv) Owns or controls assets located in this state which represent the lesser of (I) substantially all of its assets or (II) assets having a market value of at least $25 million. For purposes of this Code section, 'substantially all of the corporate assets' means either one-half of the value of the assets of the corporation or the assets of the corporation located in this state which generate more than one-half of the total revenues of the corporation, all on a consolidated basis; and (B) For purposes of divisions (ii) and (iii) of subparagraph (A) of this paragraph, a holder of voting shares that is a corporation shall be deemed to be located in this state if such corporation is organized under the laws of this state." SECTION 11. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 14-2-1302, relating to the right to dissent, and inserting in lieu thereof the following: "(1) Consummation of a plan of merger to which the corporation is a party: 1108 JOURNAL OF THE SENATE (A) If approval of the shareholders of the corporation is required for the merger by Code Section 14-2-1103 or 14-2-1104 or the articles of incorporation and the shareholder is entitled to vote on the merger; or (B) If the corporation is a subsidiary that is merged with its parent under Code Section 14-2-1104;". SECTION 12. Said title is further amended by striking in its entirety subsection (b) of Code Section 14-2-1501, relating to the requirement that a foreign corporation have a certificate of authority to transact business, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The following activities, among others, do not constitute transacting business within the meaning of subsection (a) of this Code section: (1) Maintaining or defending any action or any administrative or arbitration proceeding or effecting the settlement thereof or the settlement of claims or disputes; (2) Holding meetings of its directors or shareholders or carrying on other activities concerning its internal affairs; (3) Maintaining bank accounts, share accounts in savings and loan associations, custodian or agency arrangements with a bank or trust company, or stock or bond brokerage accounts; (4) Maintaining offices or agencies for the transfer, exchange, and registration of its securities or appointing and maintaining trustees or depositories with respect to its securities; (5) Effecting sales through independent contractors; (6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance without this state before becoming binding contracts and where the contracts do not involve any local performance other than delivery and installation; (7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property, or recording same; (8) Securing or collecting debts or enforcing any rights in property securing the same; (9) Owning, without more, real or personal property; (10) Conducting an isolated transaction not in the course of a number of repeated transactions of a like nature; (11) Effecting transactions in interstate or foreign commerce; (12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state; or (13) Owning (directly or indirectly) an interest in or controlling (directly or indirectly) another yeisuii entity organized under the laws of, or transacting business within, this state; or (14) Serving as a manager of a limited liability company organized under the laws of, or transacting business within, this state." SECTION 13. TUESDAY, MARCH 16, 1999 1109 Said title is further amended by striking in its entirety Code Section 14-2-1622, relating to the annual registration for the Secretary of State, and inserting in lieu thereof the following: "14-2-1622. (a) Each domestic corporation and each foreign corporation authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth: (1) The name of the corporation, tltu uuipluyui iJuutificatiuu uuiubui issued by the federal guvemiuuut, and the state or country under whose law it is incorporated; (2) The street address and county of its registered office and the name of its registered agent at that office in this state; (3) The mailing address of its principal office; and (4) The names and respective addresses of its chief executive officer, chief financial officer, and secretary, or individuals holding similar positions. (b) Information in the annual registration must be current as of the date the annual registration is executed on behalf of the corporation. (c) The first annual registration must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the year following the calendar year in which a domestic corporation was incorporated or a foreign corporation was authorized to transact business. Subsequent annual registrations must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the following calendar years. (d) The initial annual registration of a domestic corporation shall be filed within 90 days after the day its articles of incorporation are delivered to the Secretary of State for filing. However, the initial annual registration of a. domestic corporation whose articles of incorporation are delivered to the Secretary of State for filing subsequent to October 1 shall be filed between January 1 and April 1 of the year next succeeding the calendar year in which its certificate of incorporation is issued by the Secretary of State. (e) If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the reporting domestic or foreign corporation in writing and return the report to it for correction. If the report is corrected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the effective date of notice, it is deemed to be timely filed." SECTION 14. Said title is further amended by striking in its entirety Code Section 14-3-120, relating to the filing of documents relative to nonprofit corporations, and inserting in lieu thereof the following: "14-3-120. (a) A document must satisfy the requirements of this Code section and of any other Code section that adds to or varies these requirements to be entitled to filing by the Secretary of State. (b) This chapter must require or permit filing the document in the office of the Secretary of State. 1110 JOURNAL OF THE SENATE (c) The document must contain the information required by this chapter. It may contain other information as well. (d) The document must be typewritten or printed. (e) The document must be in the English language. However, a corporate name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation. (f) The document must be executed: (1) By the cliaii mail chairperson of the board of directors of a domestic or foreign corporation, its president, or by another of its officers; (2) If directors have not been selected or the corporation has not been formed, by an incorporator; or (3) If the corporation is in the hands of a receiver, trustee, or other court appointed fiduciary, by that fiduciary; provided, however, the person executing the document may do so as an attorney in fact. Powers of attorney relating to the execution of the document do not need to be shown to or filed with the Secretary of State. (g) The person executing a document shall sign it and state beneath or opposite the signature his or her name and the capacity in which he or she signs; provided, however, that if the document is electronically transmitted, the electronic version of such person's name may be used in lieu of a signature. The document may, but need not, contain: (1) The corporate seal; (2) An attestation by the secretary or an assistant secretary; or (3) An acknowledgment, verification, or proof. (h) The document must be delivered to the office of the Secretary of State for filing and must be accompanied by one exact or conformed copy (except as provided in Code Sections 14-3-503 and 14-3-1509), the correct filing fee, any certificate required by this chapter, and any penalty required by this chapter or other law. (i) Notwithstanding the provisions of this chapter, the Secretary of State may authorize the filing of documents by electronic transmission, following the provisions of Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act,' and the Secretary of State shall be authorized to promulgate such rules and regulations as are necessary to implement electronic filing procedures." SECTION 15. Said title is further amended by striking in its entirety Code Section 14-3-122, relating to filing fees, and inserting in lieu thereof the following: "14-3-122. (a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered for filing: Document Fee (1) Articles of incorporation..................................................................................$ 60.00 (2) Application for certificate of authority......................................................... 70.00 (3) Annual registration.......................................................................................... 15.00 TUESDAY, MARCH 16, 1999 1111 (4) Agent's statement of resignation.................................................................... No fee (5) Certificate of judicial dissolution.................................................................... No fee (6) Application for reservation of a corporate name.......................................... No fee (7) Statement of change of address of registered agent...$5.00 per corporation but not less than................................................................................................................20.00 (8) Application for reinstatement.............................................................. 100.00 20.00 (9) Any other document required or permitted to be filed by this chapter.... 20.00 (b) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall not be required to pay any penalty for so failing or refusing to file its annual report, but such corporation may be subject to iiivuluulaiy administrative dissolution as provided in Code Section 14-3-1400 14-3-1420." SECTION 16. Said title is further amended by striking in its entirety Code Section 14-3-127, relating to the evidentiary effect of copy of filed document, and inserting in lieu thereof the following: "14-3-127. A certificate attached to a copy of a document or electronic transmission filed by the Secretary of State, bearing his or her signature, which may be in facsimile, and the printed or embossed seal of this state, or its electronic equivalent, is prima-facie evidence that the original document has been filed with the Secretary of State." SECTION 17. Said title is further amended by inserting immediately following paragraph (11) of Code Section 14-3-140, relating to definitions relative to nonprofit corporations, a new paragraph to read as follows: "(11.1) 'Electronic transmission' or 'electronically transmitted' means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient." SECTION 18. Said title is further amended by striking in its entirety Code Section 14-3-202, relating to articles of incorporation relative to nonprofit corporations, and inserting in lieu thereof the following: "14-3-202. (a) The articles of incorporation must set forth: (1) A corporate name for the corporation that satisfies the requirements of Code Section 14-3-401; (2) The street address and county of the corporation's initial registered office and the name of its initial registered agent at that office; (3) The name and address of each incorporator; (4) Whether or not the corporation will have members; (5) The mailing address of the initial principal office of the corporation, if different from the initial registered office; and (6) A statement that the corporation is organized pursuant to the Georgia Nonprofit Corporation Code. 1112 JOURNAL OF THE SENATE (b) The articles of incorporation may set forth: (1) The purpose or purposes for which the corporation is organized, which may be, either alone or in combination with other purposes, the transaction of any lawful activity; (2) The names and addresses of the individuals who are to serve as the initial directors; (3) Provisions not inconsistent with law regarding: (A) Managing and regulating the affairs of the corporation; (B) Defining, limiting, and regulating the powers of the corporation, its board of directors, and members (or any class of members); and (C) The characteristics, qualifications, rights, limitations, and obligations attaching to each or any class of members; (4) A provision eliminating or limiting the liability of a director to the corporation or its members for monetary damages for any action taken, or any failure to take any action, as a director, except liability: (A) For any appropriation, in violation of his or her duties, of any business opportunity of the corporation; (B) For acts or omissions which involve intentional misconduct or a knowing violation of law; (C) For the types of liability set forth in Code Sections 14-3-860 through 14-3-864; or (D) For any transaction from which the director received an improper personal benefit, provided that no such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective; (5) Any provision that under this chapter is required or permitted to be set forth in the bylaws; and (6) Provisions not inconsistent with law regarding the distribution of assets on dissolution. (c) One or more incorporators named in the articles must sign the articles unless the filing is being signed by an attorney in fact. (d) The articles of incorporation need not set forth any of the corporate powers enumerated in this chapter." SECTION 19. Said title is further amended by striking in its entirety Code Section 14-3-501, relating to registered offices and registered agents, and inserting in lieu thereof the following: "14-3-501. Each corporation must continuously maintain in this state: (1) A registered office with the same address as that of the registered agent; and (2) A registered agent, who may be: (A) Aii individual A person who resides in this state and whose office is identical with the registered office; TUESDAY, MARCH 16, 1999 1113 (B) A domestic business or nonprofit corporation formed under this chapter or under Chapter 2 of this title whose office is identical with the registered office; or (C) A foreign business or nonprofit corporation authorized to transact business in this state whose office is identical with the registered office." SECTION 20. Said title is further amended by striking in its entirety Code Section 14-3-1005.1, relating to notice of intent to change corporate name, and inserting in lieu thereof the following: "14-3-1005.1. (.Si) Mugetiltn' Vvitll cliiy eu'tiClGS Ot fl.il!cilu.illcllt WlllCIi Cil&.ii^fi tlic ililillG 01 tllG COrjjuiL 25,000 $ 25,000 1278 JOURNAL OF THE SENATE Clayton County Forest Park Athletic Complex- remodel concession stand and purchase equipment in Clayton County $ Dougherty County Operating funds for River Road, Inc d/b/a SAFEC-(South Albany Family Enrichment Collaborative) in Dougherty County $ Dougherty County Operating funds for Dougherty County Community Coalition $ Dougherty County Renovation of Cotton Hall Cultural Center in Dougherty County $ Miller County Construct fire station #4 in Miller County $ City of Manchester Purchase/install street lights for community building in Manchester $ Meriwether County Operating funds for the recreation Board of Education facility at Greenville High School in Meriwether County $ Cobb County Purchase/install lights for Clarksdale Village Baseball Fields (Southwest Baseball Association, Inc.) in Cobb County $ City of Albany Lights for 8th Avenue ball field in Albany $ Fulton County Restoration and repairs to Williams-Payne Museum building in Fulton County $ Crisp County Operating funds for the Arts Alliance in Crisp County $ City of Pinehurst Construction of utility maintenance barn in Pinehurst $ City of Unadilla Purchase of jet sewer machine for City of Unadilla $ City of Hawkinsville Maintenance and operation of M.E. Roden Memorial Library in Hawkinsville $ Cobb County Brumby Elementary School- Provide Board of Education covered walkways and landscape in Cobb County $ 25,000 10,000 25,000 10,000 15,000 40,000 25,000 15,000 25,000 40,000 10,000 25,000 25,000 10,000 10,000 THURSDAY, MARCH 18, 1999 1279 Cobb County Teasley Elementary School- Provide wiring Board of Education upgrades and covered walkways in Cobb County Bibb County Purchase recreation property for South Bibb County City of Ft. Gaines Renovation of senior citizen building in Ft. Gaines Quitman County Feasibility study for Bio Conversion Plant in Quitman County City of Cuthbert Cuthbert Housing Authority- Construct an assisted living and Alzheimer facility in Cuthbert Clay County Planning funds for the Clay County Airport Clay County Operating expenses for EMS/ambulance service in Clay County Quitman County Renovation of building for pre-K and Board of Education headstart programs in Quitman County Quitman County Renovation of doctor's office at the Stewart/Webster Rural Clinic in Quitman County City of Dalton Operation of Northwest Georgia Girl's Home in Dalton Lee County Provide and improve lights at Lee County Pee Wee and Pony League Fields Webster County Repair of courthouse in Webster County Marion County Construct track at football field for Board of Education Marion County Schools Calhoun County Resurface track at Calhoun County Board of Education High School City of Dawson Install central air and heating at Carnegie Library in Dawson Terrell County Repair to clock and steeple at courthouse in Terrell County $ 10,000 $ 40,000 $ 10,000 $ 5,000 $ 10,000 $ 15,000 $ 10,000 $ 10,000 $ 25,000 $ 25,000 $ 40,000 $ 10,000 $ 30,000 $ 10,000 $ 30,000 $ 15,000 1280 JOURNAL OF THE SENATE Columbia County Renovation and improvements to stadiums Board of Education at Evans High School in Columbia County Columbia County Improvements to girl's softball field Board of Education at Evans High School in Columbia County Columbia County Purchase of band uniforms for Lakeside Board of Education High School in Columbia County Columbia County Purchase of communications equipment for Columbia County Sheriffs Department Columbia County Landscape, erosion control and improvements to playground at Blue Ridge Elementary in Columbia County Columbia County Playground improvements at Board of Education South Columbia Elementary DeKalb County Repair and restoration of Dresden Park in DeKalb County Athens/Clarke County Grand Slam project- provide recreational and educational activities in Athens/Clarke County Athens/Clarke County Operation of Athens Tutorial Program Athens/Clarke County Operation of Creative Visions Foundation in Athens/Clarke County Clarke County Operation of Strong Day Recovery Residence in Clarke County City of East Point Transportation for therapeutic recreation program participants in East Point DeKalb County Operation of Scottdale Child Development & Family Resources Center of Central DeKalb DeKalb County Clarkston Community Center Foundation for Old Clarkston High renovations in DeKalb County Douglas County Purchase equipment for Lithia Springs $ 5,000 $ 10,000 $ 10,000 $ 10,000 $ 5,000 $ 5,000 $ 20,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 50,000 $ 20,000 $ 25,000 THURSDAY, MARCH 18, 1999 Library in Douglas County Douglas County Purchase equipment for Lithia Springs Board of Education High School in Douglas County City of Stone Mountain Operating expenses for ART Station in Stone Mountain DeKalb County Stone Mountain Middle School for purchase Board of Education of marquee in DeKalb County City of Stone Mountain ART Station renovation/repair Stone Mountain City of Poulan Purchase truck for trash removal in Poulan City of Sycamore Purchase recreation and playground equipment for new park in Sycamore City of TyTy Improvement of recreation areas in TyTy City of Warwick Purchase new police vehicle for City of Warwick Town of Rebecca Purchase fire station and equipment for City of Rebecca Turner County Construct horse competition and rodeo arena in Turner County Worth County Improvements to youth football program area buildings and grounds in Worth County Fulton County Operating funds for the Southwest Hospital in Fulton County City of Atlanta Operating funds for the School of Library and Information Programs at Clarke-Atlanta University City of Berlin Roof repair on community center in Berlin City of Adel Purchase/install emergency warning system in Adel City of Nashville Construct a walking track 1281 $ 5,000 $ 10,000 $ 25,000 $ 5,000 $ 50,000 $ 10,000 $ 10,000 $ 5,000 $ 10,000 $ 10,000 $ 10,000 $ 15,000 $ 100,000 $ 500,000 $ 5,000 $ 7,500 1282 JOURNAL OF THE SENATE in Nashville City of Cecil Purchase fire fighting equipment for volunteer fire department in Cecil Berrien County Purchase equipment for livestock show barn in Berrien County City of Sparks Purchase equipment for Sparks Police Department City of Enigma Purchase fire fighting equipment for volunteer fire department in City of Enigma Augusta/Richmond Operation of Augusta-Richmond County County Fire Rescue Safety House Augusta/Richmond County Installation of a therapeutic whirlpool at Belle Terrace Swim Center - Augusta Recreation and Parks Department Augusta/Richmond Operating funds for Augusta Youth County Center Richmond County River Race Funding in Richmond County Ben Hill County Restoration on e-wing of building and air conditioning for after school learning center in Ben Hill County City of Fitzgerald Construct an American Legion Memorial in City of Fitzgerald City of Pineview Expansion of existing building to accommodate expansion of Pineview City Hall in Wilcox County Irwin County Repair and renovation work to Irwin County Courthouse Irwin County Repair and restoration of monument on courthouse square in Irwin County Irwin County Purchase of equipment for Irwin Board of Education County High Marching Band Wilcox County Construction of Wilcox County Little League ballpark Wilcox County Purchase equipment for Wilcox $ 10,000 $ 7,500 $ 10,000 $ 10,000 $ 7,500 $ 10,000 $ 5,000 $ 25,000 $ 25,000 $ 10,000 $ 10,000 $ 5,000 $ 15,000 $ 5,000 $ 5,000 $ 5,000 THURSDAY, MARCH 18, 1999 1283 County ROTC $ Wilcox County Repair to Wilcox County auditorium $ Wilcox County Purchase metal building for Cedar Creek Volunteer Fire Department $ Emanuel County Operating funds for East Georgia Health Co-op $ City of Gibson Purchase of computer and software for the Gibson Police Department $ Glascock County Construction of an auxiliary fire station in Glascock County $ Taliaferro County Taliaferro County Volunteer Fire Department - purchase rescue equipment $ Warren County Purchase of rescue equipment for northern Warren County $ Columbus/ Operation of the Columbus Community Center Out- Muscogee County reach Program in Columbus/Muscogee County $ Columbus/ Columbus Youth Network outreach program Muscogee County for disadvantaged youth in Columbus/ Muscogee County $ Talbot County Improvements to Central High School football stadium in Talbot County $ Appling County Purchase air packs and equipment for Appling Volunteer Fire Department $ City of Grovetown Renovation of Grovetown Community Center $ Columbia County Purchase safety lighting for baseball Board of Education field at Greenbriar High School in Columbia County $ McDuffie County Restoration of Bowden-Johnson Home Board of Education McDuffie County Historical Society $ City of Savannah Preservation of W.W. Law Community Center in Savannah $ City of Savannah Operating expenses for the Savannah Midtown Community Center $ 5,000 10,000 5,000 38,000 7,500 10,000 10,000 12,000 25,000 15,000 50,000 10,000 5,000 25,000 10,000 10,000 10,000 1284 JOURNAL OF THE SENATE City of Savannah Procurement of Archive and Library for memorabilia of Ralph Mark Gilbert in Savannah $ Town of Thunderbolt Purchase playground equipment for Honey Park, River Drive Park and Nellie Johnson Park in Thunderbolt $ Town of Thunderbolt Purchase equipment for fire vehicles and volunteer firefighters in Thunderbolt $ Peach County Refurbish courthouse facade in Peach County $ City of Montezuma Provide downtown parking spaces for City of Montezuma $ Franklin County Purchase equipment for Gumlog Volunteer Fire Department in Franklin County $ Stephens County Purchase equipment for Tates Creek VFD and renovate Carnes Creek VFD facilities in Stephens County $ Stephens County Purchase roof for Toccoa-Stephens County Historical Society $ Stephens County Purchase field fencing for Toccoa Little League in Stephens County $ Banks County Micro-filming of records in Banks County $ Barrow County Operation of Peace Place Inc. Shelter for battered women in Barrow County $ Monroe County Construction of a multi-purpose field in Monroe County $ City of Monticello Municipal park construction/improvements at Funderburg Park in Monticello $ Monroe County Construction of bleachers for Monroe County Horse/Livestock Arena $ Lamar County Equipment and improvements for Redbone Volunteer Fire Department in Lamar County $ Monroe County Construction of dugouts at softball 5,000 5,000 10,000 25,000 45,000 10,000 20,000 4,000 10,000 20,000 15,000 10,000 15,000 20,000 5,000 THURSDAY, MARCH 18, 1999 fields in Monroe County Jasper County Improvements to Rose Bowl Field for Jasper County DeKalb County Beautification projects in DeKalb County DeKalb County Beautification project at Glenhaven Board of Education Elementary in DeKalb County DeKalb County Operating expenses for Operation Dignity Board of Education in DeKalb County schools DeKalb County Operation of neighborhood after school programs in DeKalb County DeKalb County Decatur Arts Academy - purchase of school supplies for Decatur Arts Academy DeKalb County Purchase of equipment and supplies for DeKalb County Sheriff Reserve City of Sylvania Purchase playground equipment for City of Sylvania Screven County Renovation of Screven County Agricultural Center City of Harrison Completion of a park in City of Harrison Jefferson County Purchase equipment for Jefferson County Sheriff Department Jefferson County Completion of park project in Jefferson County Washington County Refurbish T.J. Elder Community Center in Washington County Bibb County Provide funds for a feasibility study for a stadium in Bibb County Bibb County Operate the Adopt-a-Role Model in Bibb County Bibb County Operating funds for the Hay House in Bibb County 1285 $ 25,000 $ 10,000 $ 10,000 $ 5,000 $ 15,000 $ 15,000 $ 2,000 $ 2,000 $ 25,000 $ 50,000 $ 25,000 $ 20,000 $ 50,000 $ 25,000 $ 75,000 $ 15,000 $ 30,000 1286 JOURNAL OF THE SENATE Bibb County Operating funds for the Douglas Theater in Bibb County Bibb County Operating funds for the Harriette Tubman Museum in Bibb County DeKalb County Improvements to Gresham Park Baseball and Softball Association field and Senior Center in South DeKalb DeKalb County Purchase materials for Word Up Reading Board of Education Program at Kelley Lake Elementary School in DeKalb County DeKalb County Operate the Soar to Success Reading Board of Education Program at Flat Shoals Elementary School in DeKalb County DeKalb County Purchase educational materials for Board of Education Gresham Park Elementary after school and tutorials programs in DeKalb County City of Marietta Repair of pre-Civil War cannon through the Marietta Museum of History City of Marietta Operating funds for the Marietta Museum of History City of Marietta Playground enhancements at five Board of Education elementary schools in Marietta City of Millen Correction of water drainage problem at recreation complex in Millen Candler County Purchase equipment and supplies for the communication center in Candler County Bulloch County Construct restroom building adjacent to soccer complex at Mill Creek Park, Statesboro in Bulloch County City of Portal Purchase trash truck for City of Portal Jenkins County Jenkins County Development Authority- renovate train depot in Millen Athens/Clarke County Repairs to Rutland Psycho Educational Services Center in Athens/Clarke county 50,000 50,000 25,000 10,000 5,000 10,000 10,000 15,000 25,000 5,000 10,000 10,000 10,000 20,000 75,000 THURSDAY, MARCH 18, 1999 Elbert County Elbert County Airport improvements Elbert County Replace worn out band instruments - Elbert County High School Lincoln County Purchase pagers and light turnout gear for Lincoln County Rescue Lincoln County Purchase equipment for Midway Volunteer Fire Department in Lincoln County Wilkes County Purchase equipment for fire station for Newtown Community in Wilkes County DeKalb County Study and planning for War Between the States campsites in DeKalb County DeKalb County Purchase and plant trees in DeKalb County DeKalb County Purchase and install electric sign Board of Education at Toney Elementary School in DeKalb County DeKalb County Operation of Forrest Hills Elementary School Board of Education for Accelerated Reading Program in DeKalb County DeKalb County Operation of Columbia Community Connection's Father to Father Men's services program in DeKalb County Toombs County Construct restrooms for community center at Cedar Crossing Area in Toombs County City of Lyons Recreation Department to retire outstanding debt on community center in City of Lyons City of Mt. Vernon Construct park in City of Mt. Vernon City of Vidalia Replace playground equipment and renovate Ganelle Davis Park facility in Vidalia Wheeler County Purchase equipment for baseball and midget football at Glenwood and Alamo Facilities in Wheeler County City of Jesup Senior Citizen facility repairs in Jesup 1287 $ 32,000 $ 3,000 $ 5,000 $ 5,000 $ 15,000 $ 75,000 $ 25,000 $ 6,000 $ 8,000 $ 15,000 $ 5,000 $ 20,000 $ 5,000 $ 30,000 $ 10,000 $ 10,000 1288 JOURNAL OF THE SENATE City of Ludowici Police and fire departments upgrades in Ludowici City of Odum Purchase equipment storage facility in Odum City of Odum Repairs to City Hall and Fire Department in Odum City of Screven Community Center repairs in City of Screveti Wayne County Lighting for girls softball field in Board of Education Wayne County Wayne County ADA improvement to Jaycee public landing area in Wayne County Chatham County Construct firing range at Armstrong State University in Chatham County Chatham County Operating funds for Bamboo Farm and Coastal Gardens in Chatham County City of Savannah Purchase of building for Cultural Affairs Commission in Savannah City of Bremen Operating expenses for Bremen Schools Haralson County Operating expenses for Haralson County Schools Haralson County Operating expenses for Blooming Grove Fire Department City of Buchanan Operating expenses for Buchanan recreation facility City of Bremen Operating expenses for Bremen recreation facility City of Tallapoosa Operating expenses for Tallapoosa recreation facility City of Conyers Development of Big Haynes Creek Nature Center Fulton County St. Paul's Golden Age Center-for equipment, operations and staff training in Fulton County $ 10,000 $ 5,000 $ 5,000 $ 10,000 $ 15,000 $ 15,000 $ 25,000 $ 25,000 $ 10,000 $ 50,000 $ 50,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 50,000 $ 25,000 THURSDAY, MARCH 18, 1999 1289 Fulton County Operation of Georgia Coalition of Black Women internship in Fulton Baldwin County Operation of Oconee Prevention Resource Council Inc. in Baldwin Baldwin County Purchase fireboat for Baldwin County Fire Department Baldwin County Operation of STAR program in Baldwin Board of Education County Schools Johnson County Construct multi-purpose facility in Board of Education Johnson County Schools Emanuel County Repairs/renovation of Emanuel County Arts Council facility City of Swainsboro Purchase of computer equipment for City of Swainsboro City of Kite Renovation and repair of community center in City of Kite Emanuel County Purchase equipment for Emanuel County Library Emanuel County Purchase band uniforms for Emanuel Board of Education County Institute Band City of Summertown Renovation and repair of community center in Summertown Cobb County Expansion of the Cobb County Youth Museum, Inc. Cobb County Sprayberry High School- build field house Board of Education in Cobb County City of Savannah Operation of Project Success in Savannah City of Savannah Retire debt on EOA Austin House Center in Savannah Fannin County Renovation of the Epworth Community Center Murray County Purchase walk-in refrigerator and freezer $ 30,000 $ 10,000 $ 35,000 $ 25,000 * 05 000 $ 15,000 $ 10,000 $ 5,000 $ 10,000 $ 10,000 $ 5,000 $ 25,000 $ 35,000 $ 25,000 $ 25,000 $ 10,000 1290 JOURNAL OF THE SENATE for Senior Citizen Center City of McCaysville Build and furnish public restrooms in McCaysville City of McCaysville Renovate city park in McCaysville Murray County Grounds work at the Chief Van House in Murray County City of McCaysville Study downtown parking in McCaysville City of McCaysville Furnish new City Hall in McCaysville City of Blakely Renovation of gym in Blakely Seminole County Purchase equipment for volunteer rescue squads in Seminole County City of Dexter Upgrade of technology in Dexter City of Dublin Monument to public safety officers in Dublin City of Dublin Relocate utilities for road improvements in Dublin City of Dudley Water and sewer upgrades for Dudley Elementary School City of East Dublin Relocate water and sewers in East Dublin Laurens County Planning for joint school auditorium Board of Education in Laurens County City of Bowersville Enhancement to city infrastructure in Bowersville Franklin County Construction of county recreation park in Franklin County Hart County Hart County High School - renovation and Board of Education construction at recreation complex City of Canon Operating funds and equipment at City Community Center in Canon City of Franklin Emergency repair to city water/sewer $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 15,000 $ 10,000 $ 15,000 $ 10,000 $ 10,000 $ 15,000 $ 15,000 $ 10,000 $ 10,000 $ 15,000 $ 15,000 $ 15,000 THURSDAY, MARCH 18, 1999 Springs system in Franklin Springs City of Lavonia Development of city park and playing field in Lavonia Effingham County Renovation of Old Ebenezer One-Room Board of Education School in Effingham County Bryan County Purchase equipment for emergency fire vehicle in Bryan County City of Guyton Purchase trailer mounted aerial lift in Guyton City of Guyton Purchase playground equipment for City of Guyton Effingham County Improve Jaycee Park in Rincon, Effingham County Effingham County Purchase fire fighting equipment for Sand Hill Fire Department in Effingham County Bryan County Purchase uniforms, equipment, and supplies Board of Education for Bryan County athletic teams DeKalb County Wilshire Condo Association-security lighting, replace street signs and playground improvements in DeKalb County DeKalb County Wade-Walker Park - repairs and operations in DeKalb County City of Macon Purchase Police Athletic League equipment in City of Macon Bibb County Operation of Macon Mentoring Program in Bibb County Bibb County Operating funds for Mid Georgia Council on Drugs in Bibb County Bibb County Operating funds for the Tubman Museum in Bibb County Bibb County Operating funds for Bibb County Teen Court City of Byron Purchase equipment and improvements 1291 $ 15,000 $ 15,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 8,000 $ 10,000 $ 15,000 $ 10,000 $ 30,000 $ 15,000 $ 15,000 $ 25,000 $ 15,000 $ 15,000 1292 JOURNAL OF THE SENATE for Byron City Park Peach County Refurbish courthouse facade in Peach County Crawford County Operation of Crawford County Recycling Center City of Fort Valley Purchase of new streetlights for downtown area in Fort Valley Brooks County Renovate community center in Simmon Hill, Brooks County Echols County Renovate recreation building in Statenville, Echols County Chattooga County Purchase 'Jaws of Life' for Gore Fire Department in Chattooga County Chattooga County Construct a computer technology shop for Board of Education Chattooga High School in Chattooga County City of Macon Purchase/construct a recreation/sports facility in Macon Gwinnett County Norcross High School trip to Washington DC (Gwinnett County) City of Albany Operation of Slater King Adult Rehabilitation Day Center in Albany City of Albany Operation of after school tutorial program for students in East Albany City of Gainesville Purchase, plan and develop neighborhood park in Gainesville City of Gainesville Purchase playground equipment for south side community in Gainesville Georgia Mountain RDC Construct a teaching facility for Elachee Nature Science Center for Georgia Mountain RDC Georgia Mountain Operation of Boys and Girls Clubs in RDC Georgia Mountain RDC City of Pelham Upgrade and install lighting at two sports complexes in Pelham $ 5,000 $ 25,000 $ 15,000 $ 50,000 $ 10,000 $ 40,000 $ 10,000 $ 37,000 $ 45,000 $ 20,000 $ 35,000 $ 20,000 $ 40,000 $ 10,000 $ 10,000 $ 10,000 $ 25,000 THURSDAY, MARCH 18, 1999 1293 City of Sale City Improvements to local recreation complex in Sale City City of Social Circle Construction of city park and parking area in Social Circle City of Doerun Upgrade and maintenance at recreation facility in Doerun City of Baconton Improvements to public water delivery service in Baconton Mitchell County Operating funds and equipment for volunteer fire departments in Mitchell County City of Camilla Improvements to a recreational complex in Camilla City of Funston Purchase office equipment and computers for City of Funston City of Moultrie Upgrade kitchen facilities at SOWEGA Community Action Council City of Smyrna Restoration/preservation of markers and headstones at Smyrna Memorial Cemetery Cobb County Construct an athletic facility for Campbell Board of Education High School in Cobb County Glynn County Improvements and repairs to Epworth and Thalmann Parks in Glynn County Glynn County Renovate and purchase computer equipment for St. Simons Island Library in Glynn County Colquitt County Purchase turnout gear for the Colquitt County Volunteer Fire Department City of Tifton Equipment for communications center for City of Tifton Fire Department Tift County Purchase band uniforms for Tift Board of Education County Band City of Plainville Equipment for City of Plainville Fire Department $ 5,000 $ 50,000 $ 10,000 $ 10,000 $ 25,000 $ 25,000 $ 5,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 10,000 $ 20,000 $ 10,000 $ 10,000 1294 JOURNAL OF THE SENATE City of Fargo Partial re-roofing and renovation of school building in Fargo Clinch County Operation of Bridges of Hope in Clinch County Clinch County Renovate/install canopy at Clinch County Recreation Park Lanier County Construct press box and dressing room for Board of Education football stadium in Lanier County Lowndes County Construct North Lowndes County Fire Station City of Acworth Purchase aluminum bleachers for city parks in Acworth City of Acworth Purchase video cameras for patrol cars in Acworth City of Kennesaw Expansion and renovation of facility at Kennesaw Civil War Museum Cobb County Purchase musical instruments and computer Board of Education equipment for Autry Middle School in Cobb County Cobb County Purchase equipment and renovate North Cobb Board of Education High School stadium Cobb County Purchase of two sousaphones for North Board of Education Cobb High School City of Cairo Repairs to Roddenberry Memorial Library in Cairo City of Climax Purchase fire equipment in City of Climax City of Whigham Purchase equipment for City of Whigham Grady County Show barn and livestock facility improvements in Grady County Atkinson County Purchase band uniforms and lighting at Board of Education Atkinson County Schools City of Broxton Rehabilitation of city hall $ 20,000 $ 10,000 $ 5,000 $ 25,000 $ 25,000 $ 10,000 $ 10,000 $ 25,000 $ 3,000 $ 10,000 $ 5,000 $ 10,000 $ 5,000 $ 10,000 $ 25,000 $ 20,000 THURSDAY, MARCH 18, 1999 1295 in Broxton $ 5,000 City of Douglas Purchase HAZMAT Trailer for Douglas Fire Department $ 5,000 City of Pearson Purchase of mulchers for City of Pearson $ 5,000 Coffee County Soccer field improvements at South Georgia Soccer Club in Coffee County $ 5,000 Coffee County Purchase radio repeater and tower for Coffee County emergency management $ 5,000 Coffee County Purchase equipment for West Green Community Center Fire Department in Coffee County $ 10,000 Coffee County Purchase lighting for Coffee High School Board of Education practice field $ 10,000 Coffee County Purchase Coffee County High School PA Board of Education System $ 1,500 City of Douglas Renovation and concession stand for Wheeler Park in Douglas $ 5,000 Fulton County Operating funds for Atlanta Fulton Action Agency $ 30,000 DeKalb County Operating funds for Community Care (Kids Juvenile Care) in DeKalb County $ 20,000 City of Americus Renovate Rylander Theater in Americus $ 100,000 Sumter County Purchase/install outfield fences and related improvements at Little League field for Sumter Sumter County Board of Commissioners $ 50,000 City of Andersonville Repairs of Holloway Building in Andersonville $ 10,000 City of St. Marys Renovation of Waterfront Theater in St. Mary's $ 25,000 City of Kingsland Construct/operate animal control shelter in City of Kingsland $ 25,000 Charlton County Purchase radio communication equipment for Southern Charlton County $ 25,000 1296 JOURNAL OF THE SENATE Butts County Purchase equipment, renovate playground, and repair tennis courts in Butts County City of Barnesville Purchase automated external defibrillators and an air respiration system for City of Barnesville City of Locust Grove Purchase investigative equipment for police department and recreation improvements for City of Locust Grove City of Milner Renovate, enhance and equip City Park of Milner Lamar County Lamar County Agricultural AuthorityConstruct a show facility Coweta County Equip Senior Center rooms in Newnan/ Coweta County Heard County Purchase field lights for baseball Board of Education field at Heard County High School Heard County Purchase lights for Riverside Park in Franklin and create a new ballpark and playground Heard County Provide water and electricity to Brush Creek Park in Heard County City of Rome Purchase sprinkler system for Rome History Museum Floyd County Operate Children Helping Children in Board of Education elementary schools of Rome, Floyd County Bacon County Restoration and equipment in VFW Building and Masonic Lodge in Bacon County Charlton County Repairs and maintenance of county buildings in Charlton County City of Alma Construction of law enforcement training center and firearms qualification range in City of Alma City of Folkston Promotion of tourism in Folkston $ 15,000 $ 15,000 $ 9,000 $ 10,000 $ 50,000 $ 10,000 $ 15,000 $ 15,000 $ 10,000 $ 25,000 $ 25,000 $ 5,000 $ 5,000 $ 5,000 $ 2,500 THURSDAY, MARCH 18, 1999 1297 City of Hoboken Construct a veterans memorial in Hoboken City of Homeland Operating expenses and equipmentd for the Homeland Police Department City of Offerman Purchase truck for Offerman/Big Creek Volunteer Fire Department City of Patterson Operating funds for Heritage Fund to establish and promote historical sites in Patterson Pierce County Operating funds for Pierce County Lee Street Resource Center Pierce County Improvements to Lakeview Community Center in Pierce County Brantley County Operating expenses for constituent services program in Brantley County City of Blackshear Purchase equipment and improvements to Old Depot Building in Blackshear City of Nahunta Construction of fire department building in Nahunta Columbus/ Muscogee County Operate Project Rebound/Family Institute alternative program in Columbus $ 5,000 $ 2,500 $ 5,000 $ 5,000 $ 25,000 $ 25,000 $ 5,000 $ 5,000 $ 5,000 $ 15,000 Columbus/ Muscogee County Columbus/ Muscogee County Columbus/ Muscogee County Columbus/ Muscogee County City of Chickamauga City of Fort Oglethorpe Operate Community Health Center for South Columbus in Muscogee County $ 25,000 Operate Two Thousand Opportunities, Inc. in Columbus/Muscogee County $ 50,000 Operate Liberty Theater Cultural Center, Inc. in Columbus/Muscogee County $ 100,000 A.J. McClung YMCA-Operation of after school program in Columbus $ 25,000 Historic preservation and paving in Chickamauga $ 15,000 Purchase fire department equipment and downtown development in Fort Oglethorpe $ 10,000 1298 JOURNAL OF THE SENATE City of LaFayette Purchase police vehicle cameras for LaFayette Police Department $ Gwinnett County Purchase educational materials and Board of Education equipment for Gwinnett County Schools $ Gwinnett County Playground repair, enhancement and equipment Board of Education and math intervention program materials for Nesbit Elementary School in Gwinnett County $ City of Atlanta Operate Atlanta Consultant Aftercare Georgia Prison and Parole Task Force $ City of Atlanta Operate Paradise Baptist Church after school program in Atlanta $ Chatham County Outdoor Kiosk-Highway 21 to 1-95 in Chatham County $ Chatham County Operation of the Eighth Air Force hi Chatham County $ City of Repairs and equipment for softball and Bloomingdale baseball fields in Bloomingdale $ City of Garden City Renovate gym to multipurpose center in Garden City $ City of Port Construct recreational facilities in Wentworth Port Wentworth $ Newton County Purchase and install lights for football Board of Education practice field for Newton High School $ City of Decatur Repair of sidewalk in City of Decatur $ DeKalb County Operate DeKalb County Children's Shelter for two therapeutic group homes $ Columbus/ Operation of Community Health Center for Muscogee County South Columbus $ Columbus/ Operate the Play and Learn Together Program in Muscogee County Columbus/Muscogee County $ 25,000 25,000 25,000 30,000 25,000 10,000 5,000 10,000 10,000 25,000 45,000 12,000 38,000 25,000 15,000 THURSDAY, MARCH 18, 1999 1299 Columbus/ Operation of Summer tutorial program by Combined Muscogee County Communities of Southeast Columbus $ Columbus/ Operation of The Spencer House in Muscogee County Columbus/Muscogee County $ Columbus/ Operation of the Metro Columbus Urban Muscogee County League Youth Alive $ Fulton County Operation of the Council on Minority Health and Education of Metropolitan Atlanta, Inc $ DeKalb County Purchase right-of-way and design for intersection of Briarcliff and LaVista in DeKalb County $ DeKalb County Construct a service center at Senior Connections in DeKalb County $ DeKalb County Reconstruct tennis courts at Briarwood Recreation Center in DeKalb County $ DeKalb County Renovation of classroom at Cedar Grove Middle School for DeKalb Environmental Education Center $ DeKalb County Construct storm water flood protection at Zonolite Drive Industrial Park in DeKalb County $ City of Brunswick Construct a permanent location at City Dock for area shrimpers in Brunswick $ City of Darien Purchase computer equipment for Mclntosh County Sheriffs' Department in Darien $ City of Darien Repairs to Fort King George Quarters Barrack in Darien $ Glynn County Purchase air conditioning at the Glynn Board of Education Academy High School $ Liberty County Operation of the Alzheimer respite care facility in Liberty County $ City of Commerce Purchase/install heating Board of Education and cooling unit for Commerce High School gym $ City of Jefferson Construction of the City of Jefferson 25,000 20,000 25,000 50,000 10,000 25,000 10,000 10,000 25,000 10,000 5,000 25,000 25,000 25,000 20,000 1300 JOURNAL OF THE SENATE Fire Station Fulton County Purchase novel sets for Centennial High Board of Education School in Fulton County Fulton County Operate Project Prevent through Emory University in Fulton County Fulton County Operate My House emergency shelter through Emory University in Fulton County DeKalb County Operate Changed Living Recovery Residence, Inc. in DeKalb County DeKalb County Operate DeKalb United Child Care Association, Inc. City of Hiawassee Renovate roof at historic Hiawassee City Hall City of Dillard Renovation of school building in Dillard City of Mountain City Construct sewer extension in Mountain City Rabun County Purchase of fireboat at Lake Seed in Rabun County Rabun County Operate Fight Abuse in the Home in County Rabun County Purchase rescue equipment in Rabun County White County Road and Bridge, restroom White County Recreation Department playground in Sautee Nachoochie Community Walton County Purchase band uniforms for Loganville Board of Education High School in Walton County City of Warner Robins Operating expenses for the Museum of Aviation in Warner Robins City of Warner Robins Operating funds for the Salvation Army Safehouse in Warner Robins $ 10,000 $ 10,000 $ 25,000 $ 25,000 $ 25,000 $ 40,000 $ 25,000 $ 35,000 $ 25,000 $ 10,000 $ 10,000 $ 15,000 $ 35,000 $ 15,000 $ 90,000 $ 50,000 THURSDAY, MARCH 18, 1999 City of Perry Operating funds for the Genesis House Homeless Center in Perry Houston County Operating funds for the Houston County Arts Alliance Uncle Remus Regional Library System Purchase van for Uncle Remus Regional Library System Walton County Purchase band uniforms for Loganville Board of Education High School in Walton County DeKalb County Beautification of DeKalb communities DeKalb County Repair and purchase of band instruments Board of Education for Towers and Columbia High Schools in DeKalb County DeKalb County Operation of DeKalb elementary schools Board of Education honors programs Fannin County Renovation and repair of Fannin County Courthouse Gilmer County Purchase a Class A fire truck for Gilmer County Lumpkin County Purchase fencing and lighting for public swimming pool in City of Dahlonega, Lumpkin County Gwinnett County Stadium renovation for South Gwinnett Board of Education High School Augusta/Richmond Operate the Augusta/Richmond County County Museum Richmond County Technology improvements for State Court Solicitors Office in Richmond County Richmond County Establish museum at Augusta Cotton Exchange in Richmond County Richmond County Renovation of Augusta Easter Seals Building in Richmond County Richmond County Training for the Richmond County Marshals Department 1301 $ 25,000 $ 25,000 $ 17,500 $ 10,000 $ 10,000 $ 12,000 $ 13,000 $ 5,000 $ 10,000 $ 5,000 $ 15,000 $ 5,000 $ 5,000 $ 40,000 $ 10,000 $ 10,000 1302 JOURNAL OF THE SENATE Richmond County Technology improvements CSRA Law Enforcement Board of Education Training Academy in Richmond County Schools $ 5,000 Richmond County Westside High School purchase athletic Board of Education field fencing and landscaping $ 15,000 Cobb County Renovations to and lighting for Clarksdale Village Baseball Fields (Southwest Baseball Association, Inc.) in Cobb County $ 20,000 Cobb County Foundation 2000 for Children improve Board of Education Educational facilities in Cobb County $ 25,000 Cobb County Improve educational facilities for South Board of Education Cobb High School Education Foundation $ 15,000 Gwinnett County Construct a stadium facility at Board of Education South Gwinnett High School $ 75,000 City of St. George Purchase a fire brush truck for the City of St. George $ 48,000 Berrien County Purchase computer system for the Berrien County Sheriff Department $ 25,000 Cook County Pave sidewalk at Cook County Middle Board of Education School along Elm Street $ 50,000 City of Fargo Renovate Old Fargo Elementary School building $ 100,000 Berrien County Purchase band instruments for Berrien Board of Education County High School $ 10,000 Camden County Operation of Risk Watch Program at the Camden County Fire Rescue Unit $ 90,528 Dooly County Purchase/install elevator at the Dooly County Courthouse $ 100,000 Wilcox County Purchase building for Cedar Creek Volunteer Fire Department in Wilcox County $ 5,000 City of Rochelle Expand Rochelle City Hall $ 5,000 Athens/Clarke County Operation of the NE Georgia Food Bank in Athens/Clarke County $ 25,000 THURSDAY, MARCH 18, 1999 1303 Oconee County Operation of the Agriscience facility at Board of Education Oconee County High School Bibb County Operation of the Lighthouse Mission in Bibb County Twiggs County Connect Dry Branch Elementary School to Board of Education the Macon Water Authority in Twiggs County City of Macon Operation of the Tubman Museum in Macon McDuffie County Purchase equipment for new band facility Board of Education for the Thomson High School Band Lincoln County Purchase equipment for Lincoln County Office of Emergency Services Columbia County Operation of foreign language program Board of Education in Columbia County schools McDuffie County Purchase computer hardware, software and Board of Education cable for the Thomson High School band room Gwinnett County Install lighting, renovate consessions and other improvements to the Lilburn/Greater Gwinnett Athletic Association/ Lions Club Park Gwinnett County Improvements to fields and equipment at Board of Education Berkmar High School in Gwinnett County DeKalb County Operation of Positive Growth, Inc. in DeKalb County DeKalb County Operation of Scottdale Community Planning Council Transitional Home for Women & Girls in DeKalb County DeKalb County Operation of Scottdale Senior Citizen Center in DeKalb DeKalb County Operation of South DeKalb Community Development Corporation Hall County Improvements to athletic field at Johnson Board of Education High School in Hall County $ 10,000 $ 100,000 $ 100,000 $ 25,000 $ 10,000 $ 10,000 $ 50,000 $ 6,500 $ 25,000 $ 50,000 $ 25,000 $ 75,000 $ 25,000 $ 10,000 $ 20,000 1304 JOURNAL OF THE SENATE Hall County Construct an awning to bus loading area at Board of Education Flowery Branch Elementary School in Hall County $ Develop nature preserve programs at Elachee Nature Science Center $ Construct fields and install additional lighting at Master City Little League $ City of Augusta Purchase equipment/install lighting at West Augusta Little League $ Richmond County Purchase equipment for Richmond County Boxing Club $ Richmond County Operation of Hope House for Women in Richmond County $ Richmond County Purchase equipment for new facility at Board of Education the Davidson School of Fine Arts in Richmond County $ Richmond County Operation of the Golden Harvest Food Bank $ Warren County Purchase rescue equipment for Warren County $ Glascock County Purchase a police car for the Glascock Sheriff Department $ City of Warrenton Restoration of historic gymnasium in City of Warrenton $ Henry County Purchase cameras for the Henry County Police Department $ Rockdale County Purchase equipment for the Rockdale County Fire Department $ Butts County Purchase equipment for the Butts County Fire Department $ Newton County Purchase cameras for the Newton County Sheriffs Department $ City of Euharlee Operation of recreation facility in the City of Euharlee $ 10,000 10,000 15,000 15,000 15,000 15,000 50,000 20,000 12,300 10,000 10,000 45,000 30,000 30,000 30,000 15,000 THURSDAY, MARCH 18, 1999 1305 City of Cartersville Operation of recreation facility in the City of Cartersville City of Dallas Renovations to the Dallas Theater and Civic Complex Paulding County Operation of Paulding County Board of Board of Education Education recreation facility City of Cedartown Operation of recreation facility in the City of Cedartown City of Aragon Operation of recreation facility in the City of Aragon City of Rockmart Operation of recreation facility in the City of Rockmart Operation of the Vine City Housing Ministry City of Atlanta Renovation of soccer fields at Inman Board of Education Middle School in Atlanta Fulton County Renovation of recreation center at the Community Affairs Ministry in Fulton County Fulton County Operation of the Morehouse College Life and History of Black Georgians Fulton County Operation of the Outdoor Activity Center program in Fulton County City of Soperton Operation of recreation facility in the City of Soperton City of Metier Purchase emergency generators for the City of Metter Treutlen County Operation and repair of the Treutlen Welcome Center on 1-16 Johnson County Repair pumper truck and equipment for the Scott Volunteer Fire Department in Johnson County Johnson County Purchase well, pump and equipment for the Buckeye Volunteer Fire Department $ 25,000 $ 100,000 $ 25,000 $ 25,000 $ 10,000 $ 30,000 $ 50,000 $ 25,000 $ 50,000 $ 50,000 $ 50,000 $ 10,000 $ 15,000 $ 10,000 $ 2,500 1306 JOUENAL OF THE SENATE in Johnson County Johnson County Construct multi-purpose facility for Board of Education Johnson County schools Lowndes County Construct a facility at Southside Community Center in Lowndes County City of Remerton Renovation of downtown area in City of Remerton Thomas County Replace carpet in Central High School Board of Education Gym in Thomas County City of Remerton Purchase police equipment for City of Remerton Construct Tallokas Community Fire House in ?? County/City City of Boston Renovate library to be used as multi-purpose community center in Boston Operation of Peabody Against Drugs Operation of BTW Against Drugs Columbus/Muscogee Operation of SW Muscogee Against County Drugs Muscogee County Operation of prison rehabilitation in Muscogee County Muscogee County Operation of the "Winterfield on the Move" in Muscogee County Chattahoochee Purchase equipment and supplies Board of Education for the Chattahoochee Board of Education Muscogee County Operation of the "Veterans Life Action Center" in Muscogee City of Tyrone Construct a sidewalk/path in the City of Tyrone City of Tyrone Construct a concession/restroom facility at the Redwine Community Park in the City of Tyrone $ 2,500 $ 25,000 $ 65,000 $ 75,000 $ 15,000 $ 20,000 $ 12,000 $ 20,000 $ 5,000 $ 5,000 $ 20,000 $ 20,000 $ 25,000 $ 50,000 $ 25,000 $ 40,000 $ 40,000 THURSDAY, MARCH 18, 1999 Douglas County Equipment for integrated info systems Board of Education technology lab at Lithia Springs High School in Douglas County City of Tyrone Operation of the Tyrone Library Douglas County Operation of Lithia Springs Library in Douglas County Jenkins County Repairs to depot/museum chamber office in Jenkins County City of Reidsville Construct shelter for playground at Reidsville Headstart Tattnall County Operation of the STARR Program in Board of Education Tattnall County Schools City of Springfield Match downtown improvement grants in City of Springfield Jenkins County Construct addition to Agriculture Center in Jenkins County Tattnall County Purchase echo-cardiogram unit for Tattnall Memorial Hospital Tattnall County Operation of Tattnall Memorial Hospital City of Dawson Renovation of downtown building by Dawson Downtown Development Authority Webster County Infrastructure for computers and Board of Education technical equipment for Webster County school buildings Lee County Install lighting at Lee County Dixie Youth Baseball fields City of Fort Valley Repair roof for theater project at the Fort Valley Downtown Development Authority City of Byron Develop downtown park in City of Byron Peach County Develop countywide water/sewer system in Peach County 1307 $ 25,000 $ 20,000 $ 25,000 $ 5,000 $ 5,000 $ 10,000 $ 5,000 $ 5,000 $ 50,000 $ 100,000 $ 50,000 $ 15,000 $ 16,000 $ 10,000 $ 50,000 $ 50,000 1308 JOURNAL OF THE SENATE Macon County Increase seating capacity in Macon County school stadium Taylor County Purchase property for a parking lot in Taylor County Operation of the Whitfield/Murray Historical Society Chattooga County Improvements to the water line at Chattooga County Cloudland Water System Walker County Construct a multi-purpose building at Walker County West Armuchee Community Center Operation of the Northwest Georgia Girls Home White County Renovations to a recreation facility at White County Recreation Department Northeast Georgia Economic development along US 441 in RDC the Northeast Georgia RDC region Rabun County Purchase equipment for Rabun County Volunteer Fire Department Union County Construct a recreation facility for Union County Parks and Recreation White County Operation of Pioneer RESA in Board of Education White County City of East Point Operation of project to identify behavioral problems in East Point City of Hapeville Renovations to Hapeville city pool Fulton County Operation of the Promise Children's Home, Inc. in Fulton County Fulton County Operation of A.U.D.I.E.N.C.E. in Fulton County Fulton County Operation of Kidsgym USA, Inc. in Fulton County $ 100,000 $ 40,000 $ 50,000 $ 50,000 $ 40,000 $ 20,000 $ 20,000 $ 50,000 $ 5,000 $ 10,000 $ 8,000 $ 30,000 $ 50,000 $ 20,000 $ 75,000 $ 50,000 THURSDAY, MARCH 18, 1999 1309 Chatham County Repairs and improvements to the Oglethorpe Academy in City of Savannah/Chatham County $ 45,000 Chatham County Operation of the Eighth Air Force Museum "Women in Aviation" Exhibit in Chatham County $ 50,000 Chatham County Operation of the Mighty Eighth Air Force Museum in Chatham County $ 100,000 Chatham County Purchase van for Frank Callen Boys & Girls Club in Chatham County $ 30,000 Long County Operating expenses for Long County $ 150,000 City of Brunswick Replace recreation equipment in Goodyear Park, City of Brunswick $ 20,000 City of Brunswick Replace recreation equipment in College Park, City of Brunswick $ 20,000 Bryan County Replace stolen funds for Bryan High Board of Education School Booster Club and Hendrix Park Expansion $ 50,000 Mclntosh County Construct multi-purpose facility in Mclntosh County $ 35,000 Liberty County Purchase medical supplies for Coastal Medical Clinic in Liberty County $ 17,000 Liberty County Install water and restrooms at Seabrook Village Foundation in Liberty County $ 20,000 Gwinnett County Travel expenses for Norcross High Board of Education School Band in Gwinnett County $ 10,000 Cobb County Construction of multi-purpose outdoor Board of Education classroom at Pope High School in Cobb County $ 50,000 Meriwether County Construct solid waste compactor/ convenience center in Meriwether $ 75,000 City of Hogansville Purchase/construct sanitary sewage pump station in Hogansville $ 75,000 City of Manchester Transfer/removal of overhead power 1310 JOURNAL OF THE SENATE lines in downtown Manchester County $ 50,000 Heard County Construct a solid waste convenience center in Heard County $ 50,000 Renovate Elberton Arts Theater $ 25,000 City of Arcade Install water line in City of Arcade $ 25,000 Madison County Construct multipurpose recreation park Board of Education for Madison County Board of Education $ 25,000 Elbert County Construct facilities at William Recreation Park in Elbert County $ 50,000 Construction on Carnesville recreational complex $ 25,000 Barrow County Renovate Peace Place, Inc., a battered women's shelter in Barrow County $ 10,000 Repair roof for Georgia School for the Deaf $ 25,000 City of Kingston Sewage project in City of Kingston $ 31,000 City of Emerson Improvements to recreation facility in the City of Emerson $ 15,000 City of Adairsville Purchase equipment for Folsom Fire Station in Adairsville $ 25,000 Purchase equipment for Pine Log Volunteer Fire Department $ 25,000 Operation of Camp Good Times $ 25,000 Dougherty County Provide for a feasibility study for Dougherty County recreation facility $ 90,000 Clay County Operation of the Clay County EMS/ambulance services $ 20,000 Baker County Provide funds for site preparation for Baker Elementary School $ 25,000 Quitman County Restoration to the Kaigler Training Board of Education School Building in Georgetown for the Quitman Board of Education $ 55,000 THURSDAY, MARCH 18, 1999 Randolph County Correct erosion problems for the Flint River Girl Scout Council Camp in Randolph County Houston County Purchase equipment for vocation lab Board of Education in Houston County schools Pulaski County Consolidate city/county governments in Pulaski County City of Warner Robins Purchase/install lights and fences for Warner Robins National Little League Program City of Hawkinsville Feasibility study for river front improvements in City of Hawkinsville City of Chamblee Improvements to computers at Elaine Clarke Center in City of Chamblee City of Chamblee Operation of a multi-use recreational facility in the City of Chamblee Spalding County Operation of a program to reduce high Board of Education school drop-out rates in the Spalding Board of Education City of Moultrie Repair facilities in the City of Moultrie City of Whigham Improvements to city properties in City of Whigham City of Blakely Replace water lines and fire hydrants of Blakely City of Donaldsville Purchase equipment for the Donaldsville City Fire Department City of Colquitt Planning, design and renovation of historic building in City of Colquitt Seminole County Pave parking lot of Senior Citizens Center in Seminole County Thomas County Refurbish track at Thomasville High Board of Education School 1311 $ 15,000 $ 15,000 $ 25,000 $ 10,000 $ 50,000 $ 15,000 $ 20,000 $ 50,000 $ 20,000 $ 15,000 $ 20,000 $ 10,000 $ 10,000 $ 7,300 $ 15,000 1312 JOUENAL OF THE SENATE Gwinnett County Construct football stadium at Board of Education Collins Hill High School in Gwinnett County Gwinnett County Renovate football stadium at Dacula Board of Education High School Gwinnett County Purchase and install lights at Dacula Board of Education High School baseball field Greene County Repair and recarpet the Greene County Library Baldwin County Board of Education Operation of disciplinary program for middle schools in the Baldwin County Student Transition & Recovery Program Baldwin County Purchase computers and education software for Baldwin County Boys and Girls Club City of Milledgeville Operation of the Milledgeville Local Welcome Center Putnam County Purchase van for Uncle Remus Regional Library system City of Madison Operation of the Madison Cultural Center Baldwin County Develop master plan for Georgia College and State University campus in Baldwin County City of Forest Park Renovation concession stand and purchase equipment for the Forest Park Athletic Association Clayton County Construct child care center for Youth Empowerment Project in Clayton County Clayton County Operation of the Arts Clayton, Inc. in Clayton County Clayton County Operation of the Alzheimer's Support Services in Clayton County 40,000 50,000 35,000 20,000 25,000 10,000 10,000 8,000 2,000 10,000 25,000 40,000 25,000 50,000 THURSDAY, MARCH 18, 1999 DeKalb County Operation of The Legacy Program in DeKalb County for the Decatur Chapter of 100 Black Women, Inc. Telfair County Pave parking lot and other improvements Board of Education at Telfair County High School City of Alma Purchase computer and software, safety fence and install covered walkways at ABC Child Development Center in Alma Dodge County Improvements to facilities at Eastman/ Dodge County Recreation Department Ben Hill County Improvements to Ben Hill County landing Irwin County Purchase band uniforms for Irwin Board of Education County High School City of Chester Establish a Chester City Police Department Fulton County Operation of the Carrie Steele-Pitts Home in Fulton County Fulton County Renovations to the Southwest Community Hospital to make ADA compliant in Fulton County Repair gym floor at the Mark Trail Recreation Center Cobb County Operation of the Cobb County Collaborative City of Marietta Operation of the Wellstar Hospice Program in Cobb County City of Keysville Complete the construction of the Keysville Human Development Center City of Augusta Operation of the "Shirley Bladke Burn Retreat" at the Southeastern Firefighters Burn Foundation in Augusta City of Augusta Operation of the Augusta Clean and Beautiful Program 1313 $ 50,000 $ 25,000 $ 9,694 $ 5,000 $ 15,000 $ 20,000 $ 5,000 $ 25,000 $ 50,000 $ 25,000 $ 20,000 $ 50,000 $ 35,750 $ 55,000 $ 20,000 1314 JOURNAL OF THE SENATE Operation of the Vidalia Boys and Girls Club City of Screven Improvements to the water tower electronic board in City of Screven Pierce County Purchase computer equipment for the Pierce County Chamber of Commerce Pierce County Renovate building to use as a resource center and meeting facility at the Pierce County Consolidated Men's Club Glynn County Operation of the Speech, Hearing and Rehabilitation of Coastal Georgia, Inc. in Glynn County Operation of Georgia Soccer Foundation Lee County Improvements to irrigation system on Board of Education athletic fields at Lee County Schools Bartow County Replace vehicle Bartow County transportation of retarded children DeKalb County Operation of mentoring programs in DeKalb County City of Albany Operation of House of Hope transition program in City of Albany DeKalb County Operation of William T. White Family Resource Center in DeKalb County DeKalb County Operation of Southeast YMCA after school program in DeKalb County Pierce County Operating expenses for Pierce County DeKalb County Operation of Safe Haven program in DeKalb County Dougherty County Promote Flint River Tourism in Dougherty County Lee County Promote economic development at Lake $ 5,000 $ 5,000 $ 5,000 $ 10,000 $ 25,000 $ 30,000 $ 25,000 $ 75,000 $ 40,000 $ 80,000 $ 35,000 $ 25,000 $ 50,000 $ 50,000 $ 150,000 THURSDAY, MARCH 18, 1999 1315 Blackshear in Lee County $ 40,000 City of Atlanta Operating funds for Day Care Program and Summer Camp $ 15,000 City of Atlanta Purchase facility for community center in City of Atlanta $ 25,000 City of Atlanta Operation of Arts on the Road project in City of Atlanta $ 20,000 Bartow County Operation of child advocacy center in Bartow County $ 40,000 City of Augusta Operation of child advocacy center in Augusta $ 40,000 Richmond County Operation of Richmond County community based programs $ 210,000 Richmond County Operation of the CSRA Transitional center in Richmond County $ 40,000 Randolph County Feasibility study for an airport in Randolph County $ 20,000 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 $2,053.07. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs. Section 42. Provisions Relative to Section 11, Employees' Retirement System. It is the intent of the General Assembly that the 2% factor for new plan retirement (1982) is funded. Section 43. Provisions Relative to Section 15, Department of Human Resources. 1316 JOURNAL OF THE SENATE The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 235 $ 155 2 356 235 3 424 280 4 500 330 5 573 378 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 subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval. Provided, that of the appropriation relative to Community Mental Health/Mental Retardation and Institutions, Regional Boards will be allocated State hospital funds equal to their DHR approved formula fair share. Regional Boards must use their fair share allocation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans. Section 44. Provisions Relative to Section 21, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes. 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 2000 shall not exceed 13.1%. It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 2000 shall not exceed 9.26%. Section 46. Provisions Relative to Section 23, Department of Natural Resources. THURSDAY, MARCH 18, 1999 1317 Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. 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 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 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 11.35% for S.F.Y. 2000. Section 48. Provisions Relative to Section 34, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section K, Paragraph VI, Subsection (b) of the State Constitution. 1318 JOURNAL OF THE SENATE 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 upgrade the quality of air transportation equipment. In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation. Section 49. In addition to all other appropriations for the State fiscal year ending June 30, 2000, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,641,072 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retardation institutions ($8,521,072) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 50. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chap- THURSDAY, MARCH 18, 1999 1319 ter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees. Section 51. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act. Section 52. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 53. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 54. In accordance with the requirements of Article DC, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 55. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1999 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in 1320 JOURNAL OF THE SENATE which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. (b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group. (b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget. Section 56. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget. Section 57. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 58. Salary Adjustments. In addition to all other appropriations, there is hereby appropriated $253,627,081 for the following purposes: 1.) To provide a general salary adjustment of 0% to 6% for employees of the Executive Branch with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999 (proposed salary adjustments are in conformance with the Georgia Gain pay for performance system). 2.) To provide a general salary adjustment of 3% for employees of the Judicial and Legislative branches with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999 (proposed salary adjustments are contingent on an employee's receiving at least "satisfactory" or "meets expectations" on their annual performance appraisal). 3.) To provide for a cost of living adjustment of 3% for each state official (excluding members of the General Assembly) whose salary is set by Act 755 (H.B. 262) of the 1978 General Assembly, as amended, as authorized in said act, Code Section 45-7-4, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 4.) To provide for a cost of living adjustment of 1.5% for members of the General Assembly with the amount of the appropriation for THURSDAY, MARCH 18, 1999 1321 this purpose determined according to an effective date of October 1, 1999. 5.) To provide for a 4% increase in the state base salary on the local teacher salary schedule of the State Board of Education with the amount of the appropriation for this purpose determined according to an effective date of September 1,1999. 6.) To provide for a 3% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose determined according to an effective date of July 1, 1999. 7.) In lieu of item 1 above, to provide for a 4% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose determined according to an effective date of September 1, 1999. 8.) In lieu of item 1 above, to provide a 4% funding level for merit increases for Regents faculty and support personnel with the amount of the appropriation for this purpose determined according to an effective date of September 1, 1999 for academic personnel and July 1, 1999 for non- academic personnel. 9.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments and a 5% salary supplement for Peace Officer Standards Training certified personnel in the Juvenile Correctional Officer and Facilities Police job class series within the Department of Juvenile Justice with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 10.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Corrections employees earning below the Georgia Gain established target salary levels in the Correctional Officer, Correctional Officer Farm Services, Transfer Officer, Fire Suppressant , Canine Handler, Probation Officer and Correctional Food Service job classifications with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 11.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Public Safety employees earning below the Georgia Gain established target salary levels in the Trooper Cadet, Trooper and Trooper First Class job classifications with the amount of the appropriation for this purpose determined according to and effective date of October 1, 1999. 12.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Public Safety employees earning at or above the Georgia Gain target salary level for the Trooper Cadet, Trooper First Class, Corporal, Sergeant, Sergeant First Class, first Lieutenant, Captain and Major job classifications with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 13.) In addition to the general salary adjustment in item 1 above, to provide a 1.5% funding level for supplemental salary adjustments for certain positions within the Department of Law with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 14.) In addition to the general salary adjustment in item 1 above, to provide a supplemental salary adjustment for employees successfully completing the primary accounting series of courses offered through the State Financial Management Certificate Program with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. 15.) In addition to the general salary adjustment in item 1 above, to provide a 5% increase for law enforcement personnel within the Public Service Commission and Parole Officers in the State Board of Pardons and Parole with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999. Section 59. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 2000 $ 13,291,103,880 Section 60. 1322 JOURNAL OF THE SENATE This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 61. All laws and parts of laws in conflict with this Act are repealed. Senator Johnson of the 1st District moved to amend H.B. 144 by (removing from) State funds, relating to State Fiscal Year 2000, the figure $167,000,000 and by removing State funds as listed below: Committee Sub. H.B.144 General Assembly $31,091,179 Department of Audits 26,729,258 Judicial Branch 110,631,010 Department of Administrative Services 40,020,426 Department of Agriculture 42,934,756 Department of Banking and Fi- nance 10,043,364 Department of Community Af- fairs 44,517,852 Department of Corrections 821,811,563 Board of Pardons and Paroles 47,283,127 Department of Defense 5,907,952 State Board of Education 4,870,941,061 Lottery Funds 266,120,328 Forestry Commission 35,389,575 Georgia Bureau of Investigation 58,907,764 Office of the Governor 33,692,806 Department of Human Re- sources 1,220,748,149 Department of Industry, Trade and Tourism 25,333,904 Department of Insurance 15,004,521 Department of Juvenile Justice 239,912,345 Department of Labor 21,841,579 Department of Law 14,100,119 Department of Medical Assis- tance 1,227,906,562 Indigent Care Trust Fund 148,828,880 Indigent Care Trust Fund- State General Funds 200,000 Department of Natural Re- sources 102,099,564 Department of Public Safety 117,731,615 Public School Employees' Retirement System 18,602,000 Public Service Commission 8,794,941 Board of Regents, University System of Georgia 1,564,983,835 Reduction ($795,121) (683,570) (2,829,260) Committee Sub. As Amended $30,296,058 26,045,688 107,801,750 (1,023,476) (1,098,007) 38,996,950 41,836,749 (256,847) 9,786,517 (1,138,493) (21,016,883) (1,209,211) (151,089) (2,466,493) (905,048) (1,506,498) (861,655) 43,379,359 800,794,680 46,073,916 5,756,863 4,868,474,568 266,320,328 34,484,527 57,401,266 32,831,151 (31,219,226) 1,189,528,923 (647,885) (383,723) (6,135,481) (558,573) (360,594) 24,686,019 14,620,798 233,776,864 21,283,006 13,739,525 (31,402,294) 1,196,504,268 148,828,880 (5,115) (2,611,079) (3,010,850) 99,488,485 114,720,765 (475,725) (224,920) 18,126,275 8,570,021 (40,022,656) 1,524,961,179 THURSDAY, MARCH 18, 1999 1323 Lottery Funds Department of Revenue Secretary of State Soil and Water Conservation Commission Student Finance Commission Lottery Funds Teachers Retirement System Department of Technical and Adult Education Lottery Funds Department of Transportation Department of Veterans Worker's Compensation Board General Obligation Debt Sinking Fund Salary Adjustments State Funds Budgeted 25,966,000 180,895,915 32,124,153 2,185,179 33,014,183 231,075,489 9,644,063 248,745,080 19,838,183 575,340,175 19,996,798 11,497,631 475,043,915 253,627,081 $13,291,103,880 (4,626,204) (821,538) (55,883) (844,300) (246,636) (6,361,368) (238,864) (511,395) (294,039) ($167,000,000) 25,966,000 176,269,711 31,302,615 2,129,296 32,169,883 231,075,489 9,397,427 242,383,712 19,638,183 575,101,311 19,485,403 11,203,592 475,043,915 253,627,081 $13,123,908,994 And by (adding to) State Funds for the Department of Revenue, Section 28, relating to State Fiscal Year 2000, the figure $167,000,000, and by (increasing) the object classes as listed below: Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Property Tax Relief $ $ $ $ $ $ $ $ $ $ 167,000,000 Total Funds State Funds 167,000,000 167,000,000 On the adoption of the amendment, Senator Johnson of the 1st called for the yeas and nays. The call was sustained, and the vote was as follows: Y Balfour N Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle 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 1324 JOURNAL OF THE SENATE Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak Y Price,R Y Price.T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat Y Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams On the adoption of the amendment, the yeas were 22, nays 34, and the Johnson of the 1st amendment #1, was lost. Senator Johnson of the 1st District moved to amend H.B. 144 by (removing from) State funds, relating to State Fiscal Year 2000, the figure $4,000,000 and by removing State Funds as listed below: Committee Sub. H.B.144 Committee Sub. Reduction As Amended General Assembly Department of Audits Department of Administrative Services Department of Agriculture Department of Banking and Finance Department of Community Affairs Department of Defense Forestry Commission Office of the Governor Department of Human Resources Department of Industry, Trade and Tourism Department of Insurance Department of Labor Department of Law Department of Medical Assistance Merit System of Personnel Administration Department of Natural Resources Public Service Commission Department of Revenue Secretary of State Soil and Water Conservation Commission $781,500 985,624 2,213,300 1,835,085 593,475 1,038,111 112,348 2,754,676 802,473 21,755,999 1,016,604 784,625 3,178,223 383,246 994,550 459,014 3,673,091 713,096 4,204,753 1,276,007 95,690 ($54,705) (65,501) (134,549) (121,416) (39,296) (72,668) (7,864) (164,839) (55,573) (1,569,302) (70,262) (53,024) (222,476) (26,407) (69,619) (32,131) (223,440) (45,164) (290,445) (86,226) (6,120) $726,795 920,123 2,078,751 1,713,669 554,179 965,443 104,484 2,589,837 746,900 20,186,697 946,342 731,601 2,955,747 356,839 924,931 426,883 3,449,651 667,932 3,914,308 1,189,781 89,570 THURSDAY, MARCH 18, 1999 1325 Student Finance Commission Teachers Retirement System Department of Technical and Adult Education Department of Transportation Department of Veterans Worker's Compensation Board State Funds Budgeted 37,291 205,487 324,166 7,916,634 174,265 331,648 $58,640,981 (2,610) (14,384) (22,692) (513,873) (12,199) (23,215) ($4,000,000) 34,681 191,103 301,474 7,402,761 162,066 308,433 $54,640,981 And by (adding to) state funds for the Office of the Governor, Section 14, relating to State Fiscal Year 2000 the figure $2,000,000 and by (increasing) the object classes as listed below: Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications $ $ $ $ $ $ $ 2,000,000 $ $ Total Funds State Funds $ 2,000,000 $ 2,000,000 And by (adding to) state funds for the Secretary of State, Section 29, relating to State Fiscal Year 2000 the figure $1,000,000 and by (increasing) the object classes as listed below: Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Total Funds State Funds $ $ 1,000,000 $ $ $ $ $ $ $ $ 1,000,000 $ 1,000,000 And by (adding to) state funds for the Department of Education, Section 10, relating to State Fiscal Year 2000 the figure $1,000,000 and by (increasing) the object classes as listed below: Object Classes Personal Services $ Regular Operating Expenses $ Travel $ 1326 JOURNAL OF THE SENATE Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Charter Schools 1,000,000 Total Funds State Funds 1,000,000 1,000,000 On the adoption of the amendment, Senator Johnson of the 1st called for the yeas and nays. The call was sustained, and the vote was as follows: Y Balfour N Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan N Fort N Gillis Y Gingrey N Golden Y Guhl N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James N Johnson,D Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak Y Price,R Y Price,T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat Y Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams On the adoption of the amendment, the yeas were 22, nays 34, and the Johnson of the 1st amendment #2 was lost. Senator Johnson of the 1st District moved to amend H.B. 144 by (removing from) State funds for the Department of Human Resources, Section 15, relating to State Fiscal Year 2000 the figure $85,000, and by (decreasing) the object classes as listed below: Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications 85,000 THURSDAY, MARCH 18, 1999 1327 Total Funds 85,000 State Funds 85,000 And by (adding to) State funds for the Department of Human Resources, Section 15, relating to State Fiscal Year 2000, the figure $85,000, and by (increasing) the object classes as listed below: Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications 85,000 Total Funds 85,000 State Funds 85,000 On the adoption of the amendment, Senator Johnson of the 1st called for the yeas and nays. The call was sustained, and the vote was as follows: Y Balfour N Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan N Fort N Gillis Y Gingrey N Golden Y Guhl N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James N Johnson.D Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak Y Price,R Y Price,T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat Y Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams On the adoption of the amendment, the yeas were 22, nays 34, and the Johnson of the 1st Amendment #3, was lost. 1328 JOURNAL OF THE SENATE Senators Egan of the 40th District and Crotts of the 17th District moved to amend H.B. 144 by (removing from) State funds for the Department of Community Affairs, Section 7, relating to State Fiscal Year 2000 the figure $16,481,672, and by (decreasing) the object classes as listed below: Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Local Assistance Grants $ $ $ $ $ $ $ $ $ $ 16,481,672 Total Funds State Funds $ 16,481,672 $ 16,481,672 And by (adding to) State funds for the Department of Medical Assistance, Section 21A, relating to State Fiscal Year 2000 the figure $4,778,400, and by (increasing) the object classes as listed below: Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Medicaid Benefits $ $ $ $ $ $ $ $ $ $ 12,000,000 Total Funds State Funds $ 12,000,000 $ 4,778,400 And by (adding to) State funds for the Department of Technical and Adult Education, Section 33, relating to State Fiscal Year 2000 the figure $9,703,272, and by (increasing) the object classes as listed below: Object Classes Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Equipment Purchases $ Equipment $ Real Estate Rentals $ Per Diem, Fees and Contracts $ Computer Charges $ Telecommunications $ THURSDAY, MARCH 18, 1999 1329 Public Library Materials 9,703,272 Total Funds State Funds 9,703,272 9,703,272 And by (adding to) State funds for the Department of Human Resources, Section 15, relating to State Fiscal Year 2000 the figure $2,000,000, and by (increasing) the object classes as listed below: Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Public Library Materials Total Funds State Funds 2,000,000 2,000,000 2,000,000 On the adoption of the amendment, Senator Johnson of the 1st called for the yeas and nays. The call was sustained, and the vote was as follows: Y Balfour N Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan N Fort N Gillis Y Gingrey N Golden Y Guhl N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James N Johnson,D Y Johnson.E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak Y Price,R Y Price,T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat Y Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams On the adoption of the amendment, the yeas were 22, nays 34,and the Egan, Crotts amendment #4, was lost. Senator Price of the 56th District moved to amend H.B. 144 by striking from page 36 line 1631 through page 58 line 2637 and inserting in lieu of the following: 1330 JOURNAL OF THE SENATE Appropriations pursuant to OCGA 50-8-8(a), where the recipient and purposes are provided to the department not later than July 1,1999, are made as follows: Recipient and Purpose provided by Representative from District 1 $53,403 District 46 $53,403 District 91 $53,403 District 136 $53,403 District 2 $53,403 District 47 $53,403 District 92 $53,403 District 137 $53,403 District 3 $53,403 District 48 $53,403 District 93 $53,403 District 138 $53,403 District 4 $53,403 District 49 $53,403 District 94 $53,403 District 139 $53,403 District 5 $53,403 District 50 $53,403 District 95 $53,403 District 140 $53,403 District 6 $53,403 District 51 $53,403 District 96 $53,403 District 141 $53,403 District 7 $53,403 District 52 $53,403 District 97 $53,403 District 142 $53,403 District 8 $53,403 District 53 $53,403 District 98 $53,403 District 143 $53,403 District 9 $53,403 District 54 $53,403 District 99 $53,403 District 144 $53,403 District 10 $53,403 District 55 $53,403 District 100 $53,403 District 145 $53,403 District 11 $53,403 District 56 $53,403 District 101 $53,403 District 146 $53,403 District 12 $53,403 District 57 $53,403 District 102 $53,403 District 147 $53,403 District 13 $53,403 District 58 $53,403 District 103 $53,403 District 148 $53,403 District 14 $53,403 District 59 $53,403 District 104 $53,403 District 149 $53,403 District 15 $53,403 District 60 $53,403 District 105 $53,403 District 150 $53,403 District 16 $53,403 District 61 $53,403 District 106 $53,403 District 151 $53,403 District 17 $53,403 District 62 $53,403 District 107 $53,403 District 152 $53,403 District 18 $53,403 District 63 $53,403 District 108 $53,403 District 153 $53,403 District 19 $53,403 District 64 $53,403 District 109 $53,403 District 154 $53,403 District 20 $53,403 District 65 $53,403 District 110 $53,403 District 155 $53,403 District 21 $53,403 District 66 $53,403 District 111 $53,403 District 156 $53,403 District 22 $53,403 District 67 $53,403 District 112 $53,403 District 157 $53,403 District 23 $53,403 District 68 $53,403 District 113 $53,403 District 158 $53,403 District 24 $53,403 District 69 $53,403 District 114 $53,403 District 159 $53,403 District 25 $53,403 District 70 $53,403 District 115 $53,403 District 160 $53,403 District 26 $53,403 District 71 $53,403 District 116 $53,403 District 161 $53,403 District 27 $53,403 District 72 $53,403 District 117 $53,403 District 162 $53,403 District 28 $53,403 District 73 $53,403 District 118 $53,403 District 163 $53,403 District 29 $53,403 District 74 $53,403 District 119 $53,403 District 164 $53,403 District 30 $53,403 District 75 $53,403 District 120 $53,403 District 165 $53,403 District 31 $53,403 District 76 $53,403 District 121 $53,403 District 166 $53,403 District 32 $53,403 District 77 $53,403 District 122 $53,403 District 167 $53,403 District 33 $53,403 District 78 $53,403 District 123 $53,403 District 168 $53,403 District 34 $53,403 District 79 $53,403 District 124 $53,403 District 169 $53,403 District 35 $53,403 District 80 $53,403 District 125 $53,403 District 170 $53,403 District 36 $53,403 District 81 $53,403 District 126 $53,403 District 171 $53,403 District 37 $53,403 District 82 $53,403 District 127 $53,403 District 172 $53,403 District 38 $53,403 District 83 $53,403 District 128 $53,403 District 173 $53,403 District 39 $53,403 District 84 $53,403 District 129 $53,403 District 174 $53,403 District 40 $53,403 District 85 $53,403 District 130 $53,403 District 175 $53,403 District 41 $53,403 District 86 $53,403 District 131 $53,403 District 176 $53,403 District 42 $53,403 District 87 $53,403 District 132 $53,403 District 177 $53,403 District 43 $53,403 District 88 $53,403 District 133 $53,403 District 178 $53,403 District 44 $53,403 District 89 $53,403 District 134 $53,403 District 179 $53,403 District 45 $53,403 District 90 $53,403 District 135 $53,403 District 180 $53,403 Recipient and Purpose provided by Senator from THURSDAY, MARCH 18, 1999 1331 District 1 $122,662 District 2 $122,662 District 3 $122,662 District 4 $122,662 District 5 $122,662 District 6 $122,662 District 7 $122,662 District 8 $122,662 District 9 $122,662 District 10 $122,662 District 11 $122,662 District 12 $122,662 District 13 $122,662 District 14 $122,662 District 15 $122,662 District 16 $122,662 District 17 $122,662 District 18 $122,662 District 19 $122,662 District 20 $122,662 District 21 $122,662 District 22 $122,662 District 23 $122,662 District 24 $122,662 District 25 $122,662 District 26 $122,662 District 27 $122,662 District 28 $122,662 District 29 $122,662 District 43 $122,662 District 30 $122,662 District 44 $122,662 District 31 $122,662 District 45 $122,662 District 31 $122,662 District 46 $122,662 District 33 $122,662 District 47 $122,662 District 34 $122,662 District 48 $122,662 District 35 $122,662 District 49 $122,662 District 36 $122,662 District 50 $122,662 District 37 $122,662 District 51 $122,662 District 38 $122,662 District 52 $122,662 District 39 $122,662 District 53 $122,662 District 40 $122,662 District 54 $122,662 District 41 $122,662 District 55 $122,662 District 42 $122,662 District 56 $122,662 On the adoption of the amendment, Senator Johnson of the 1st called for the yeas and nays. The call was sustained, and the vote was as follows: Y Balfour N Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan N Fort N Gillis Y Gingrey N Golden Y Guhl N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James N Johnson,D Y Johnson.E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak Y Price,R Y Price,T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat Y Tanksley N Tate Y Thomas,D N Thomas.N N Thompson N Walker Y Williams On the adoption of the amendment, the yeas were 22, nays 34, and the Price of the 56th amendment #5 was lost. Senator Cagle of the 49th District moved to amend H.B. 144 by (removing from) state funds for the Department of Education, Section 10 A, relating to State Fiscal Year 2000 the figure $1,750,000, and by (decreasing) the object classes as listed below: Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals 625,000 1332 JOURNAL OF THE SENATE Per Diem, Fees and Contracts Computer Charges Telecommunications Community Services Indirect Cost 1,100,000 Total Funds State Funds 1,725,000 1,725,000 And by (adding to) state funds for the Department of Education, Section 10 A, relating to State Fiscal Year 2000 the figure $1,725,000, and by (increasing) the object classes as listed below: Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Community Services Total Funds State Funds $ $ $ $ $ $ $ 1,725,000 $ $ $ $ 1,725,000 $ 1,725,000 On the adoption of the amendment, Senator Johnson of the 1st called for the yeas and nays. The call was sustained, and the vote was as follows: Y Balfour N Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan N Fort N Gillis Y Gingrey N Golden Y Guhl N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James N Johnson,D Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak Y Price,R Y Price.T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat Y Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams On the adoption of the amendment, the yeas were 22, nays 34, and the Cagle amendment #6 was lost. THURSDAY, MARCH 18, 1999 1333 Senator Stephens of the 51st District moved to amend H.B. 144 by (removing from) state funds for the Judicial Branch, Section 3, relating to State Fiscal Year 2000 the figure $3,250,000, and by (decreasing) the object classes as listed below: Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Community Services Other Operating Superior Court - District Attorneys $ $ $ $ $ $ $ $ $ $ $ (3,250,000) $ (3,250,000) Total Funds State Funds $ (3,250,000) $ (3,250,000) And by (adding to) state funds to the Judicial Branch, Section 3, relating to State Fiscal Year 2000 the figure $2,250,000, and by (increasing) the object classes as listed below: Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Other Operating Indigent Defense Council $ $ $ $ $ $ $ $ $ $ 2,250,000 $ 2,250,000 Total Funds State Funds $ 2,250,000 $ 2,250,000 And by (adding to) state funds to the Department of Corrections, Section 8, relating to State Fiscal Year 2000 the figure $1,000,000, and by (increasing) the object classes as listed below: Object Classes Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Equipment Purchases $ Equipment $ 1334 JOURNAL OF THE SENATE Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications County Subsidy of Jails 1,000,000 Total Funds State Funds 1,000,000 1,000,000 Senator Stephens of the 51st asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Stephens amendment #7, was withdrawn. Senator Perdue of the 18th District moved to amend H.B. 144 by (removing from) State funds, relating to State Fiscal Year 2000, the figure $1,114,600 and by removing State funds as listed below: Committee Sub. H.B. 144 Committee Sub. Reduction As Amended Department of Audits Department of Administrative Services Department of Agriculture Department of Banking and Finance Department of Education Forestry Commission Office of the Governor Department of Human Resources Department of Industry, Trade and Tourism Department of Insurance Department of Law Department of Natural Resources Public Service Commission Department of Revenue Secretary of State Soil and Water Conservation Commission Department of Transportation State Funds Budgeted 174,624 (20,955) 153,669 1,019,086 352,000 112,380 25,000 1,399,402 30,000 1,624,260 (122,290) (42,240) (13,486) (3,000) (167,928) (3,600) (194,911) 896,796 309,760 98,894 22,000 1,231,474 26,400 1,429,349 45,000 95,000 21,000 1,683,825 237,624 194,405 154,720 (5,400) (11,400) (2,520) (202,059) (28,515) (23,329) (18,566) 39,600 83,600 18,480 1,481,766 209,109 171,076 136,154 28,914 2,014,565 $9,211,805 (3,470) (250,931) ($1,114,600) 25,444 1,763,634 $8,097,205 And by (adding to) state funds for the Board of Regents, University System of Georgia, Section 27B, relating to State Fiscal Year 2000 the figure $1,114,600, and by (increasing) the object classes as listed below: Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals 1,114,600 THURSDAY, MARCH 18, 1999 1335 Per Diem, Fees and Contracts Computer Charges Telecommunications Community Services Total Funds State Funds 1,114,600 1,114,600 On the adoption of the amendment, the President called for a roll call, and the vote was as follows: Y Balfour N Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan N Fort N Gillis Y Gingrey N Golden Y Guhl N Harbison N Hecht Hill N Hooks N Huggins Y 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 Tanksley N Tate Y Thomas,D N Thomas.N N Thompson N Walker Y Williams On the adoption of the amendment, the yeas were 22, nays 32, and Perdue amendment #8 was lost. The following communication was received by the Secretary: I mis-voted on Amendment #8, I wish the record to show a nay vote. /s/ Carol Jackson, 50th District Senator Perdue of the 18th District moved to amend H.B. 144 by (removing from) state funds for the Board of Regents, University of Georgia, Section 27A, relating to State Fiscal Year 2000 the figure $325,000, and by (decreasing) the object classes as listed below: Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications (325,000) 1336 JOURNAL OF THE SENATE Community Services Total Funds State Funds (325,000) (325,000) And by (adding to) state funds for the Board of Regents, University System of Georgia, Section 27A, relating to State Fiscal Year 2000 the figure $325,000, and by (increasing) the object classes as listed below: Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Community Services Total Funds State Funds 325,000 325,000 325,000 On the adoption of the amendment, Senator Johnson of the 1st called for the yeas and nays. The call was sustained, and the vote was as follows: Y Balfour N Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan N Fort N Gillis Y Gingrey N Golden Y Guhl N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James N Johnson,D Y Johnson.E N Kemp Y Ladd Y Lamutt Y Land N Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak Y Price,R Y Price.T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat N Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams On the adoption of the amendment, the yeas were 21, nays 35, and the Perdue amendment #9 was lost. On the adoption of the substitute, the yeas were 47, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. THURSDAY, MARCH 18, 1999 1337 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 N Burton Y Butler Y 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 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 Y Perdue Y Polak N Price,R N Price.T Y Ragan N Ray N Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat N Tanksley Y TxanLtpc Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams On the passage of the bill, the yeas were 38, nays 17. The bill, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: I was consulting, missed the vote, and wish to be recorded in the Journal as voting in favor of the committee substitute. /s/ Carol Jackson, 50th District Senator Hooks of the 14th moved that HB 144 be immediately transmitted to the House. On the motion, the yeas were 41, nays 0; the motion prevailed, and HB 144 was immediately transmitted. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1002. By Representatives Wiles of the 34th, Franklin of the 39th, Sauder of the 29th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the provisions relating to the filling of a vacancy in the office of solicitor. HB 1003. By Representatives Smith of the 19th, Rogers of the 20th, Mills of the 21st and others: A bill to create the Hall County Commission for Children and Families. 1338 JOUENAL OF THE SENATE HB 1005. By Representatives Buck of the 135th, Smyre of the 136th, Davis of the 132nd and others: A bill to amend an Act providing for a new charter for the county-wide government of Columbus, so as to change certain provisions regarding the jurisdiction of the municipal court of Columbus. HB 1006. By Representatives Bailey of the 93rd, Benefield of the 96th and Barnes of the 97th: A bill to amend an Act creating the State Court of Clayton County, so as to abolish the office of the deputy clerk of the state court; to provide for the appointment, service, term, discharge, benefits, and compensation of the clerk of the state court rather than the service of the clerk of the superior court as the clerk of the state court. HB 1007. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement. HB 1008. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act changing the composition and manner of selection of the Board of Education of Clayton County, so as to change the compensation of the chairperson and members of such board. HB 1009. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the provisions relating to the compensation of the sheriff. HB 1010. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relating to the compensation of the chairperson and members of the board. HB 1011. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, so as to change the expense allowance of the coroner. HB 1012. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relating to the salary of the tax commissioner. THURSDAY, MARCH 18, 1999 1339 HB 1013. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of the judge of the probate court; to provide for a deputy election superintendent and the appointment, duties, and compensation of such person. HB 1014. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the chief judge of said court; to change the compensation of the solicitor-general of said court. HB 1015. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to increase the salary of the clerk of the Superior Court of Clayton County. HB 1016. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges. HB 1017. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act creating the Clayton County Water Authority, so as to change the compensation of the chairperson, secretary, and other members of the authority. HB 1018. By Representatives Walker of the 87th and Unterman of the 84th: A bill to reconstitute the Board of Commissioners of Walton County. HB 1019. By Representative Smith of the 91st: A bill to provide for the compensation of the Oconee County board of education. HB 1021. By Representatives Coan of the 82nd, Coleman of the 80th, Unterman of the 84th and others: A bill to create the Springbrook Golf Course Commission. HB 1022. By Representative Coleman of the 142nd: A bill to amend an Act creating the office of commissioner of Dodge County, so as to change provisions relating to the parliamentary procedure for meetings of the board of commissioners; to change provisions relating to advertisement and bidding of purchases. HB 1023. By Representatives Stephens of the 150th, Day of the 153rd, Mueller of the 152nd and others: 1340 JOURNAL OF THE SENATE A bill to provide for a homestead exemption from certain Chatham County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident. HB 1024. By Representatives Stephens of the 150th, Day of the 153rd, Mueller of the 152nd and others: A bill to provide for a homestead exemption from certain Chatham County and City of Savannah School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted assessed value of such homestead for the taxable year immediately preceding the taxable year in which this exemption was first granted to the current owner of such homestead. The following bills were read the first time and referred to committee: HB 1002. By Representatives Wiles of the 34th, Franklin of the 39th, Sauder of the 29th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the provisions relating to the filling of a vacancy in the office of solicitor. Referred to Committee on State and Local Governmental Operations. HB 1003. By Representatives Smith of the 19th, Rogers of the 20th, Mills of the 21st and Tolbert of the 25th: A bill to create the Hall County Commission for Children and Families. Referred to Committee on State and Local Governmental Operations. HB 1005. By Representatives Buck of the 135th, Smyre of the 136th, Davis of the 132nd and others: A bill to amend an Act providing for a new charter for the county-wide government of Columbus, so as to change certain provisions regarding the jurisdiction of the municipal court of Columbus. Referred to Committee on State and Local Governmental Operations. HB 1006. By Representatives Bailey of the 93rd, Benefield of the 96th and Barnes of the 97th: A bill to amend an Act creating the State Court of Clayton County, so as to abolish the office of the deputy clerk of the state court; to provide for the appointment, service, term, discharge, benefits, and compensation of the clerk of the state court rather than the service of the clerk of the superior court as the clerk of the state court. Referred to Committee on State and Local Governmental Operations. HB 1007. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement. Referred to Committee on State and Local Governmental Operations. THURSDAY, MARCH 18, 1999 1341 HB 1008. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act changing the composition and manner of selection of the Board of Education of Clayton County, so as to change the compensation of the chairperson and members of such board. Referred to Committee on State and Local Governmental Operations. HB 1009. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the provisions relating to the compensation of the sheriff. Referred to Committee on State and Local Governmental Operations. HB 1010. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relating to the compensation of the chairperson and members of the board. Referred to Committee on State and Local Governmental Operations. HB 1011. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, so as to change the expense allowance of the coroner. Referred to Committee on State and Local Governmental Operations. HB 1012. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relating to the salary of the tax commissioner. Referred to Committee on State and Local Governmental Operations. HB 1013. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of the judge of the probate court; to provide for a deputy election superintendent and the appointment, duties, and compensation of such person. Referred to Committee on State and Local Governmental Operations. HB 1014. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the chief judge of said court; to change the compensation of the solicitor-general of said court. 1342 JOURNAL OF THE SENATE Referred to Committee on State and Local Governmental Operations. HB 1015. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to increase the salary of the clerk of the Superior Court of Clayton County. Referred to Committee on State and Local Governmental Operations. HB 1016. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges. Referred to Committee on State and Local Governmental Operations. HB 1017. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act creating the Clayton County Water Authority, so as to change the compensation of the chairperson, secretary, and other members of the authority. Referred to Committee on State and Local Governmental Operations. HB 1018. By Representatives Walker of the 87th and Unterman of the 84th: A bill to reconstitute the Board of Commissioners of Walton County. Referred to Committee on State and Local Governmental Operations. HB 1019. By Representative Smith of the 91st: A bill to provide for the compensation of the Oconee County board of education. Referred to Committee on State and Local Governmental Operations. HB 1021. By Representatives Coan of the 82nd, Coleman of the 80th, Unterman of the 84th and others: A bill to create the Springbrook Golf Course Commission. Referred to Committee on State and Local Governmental Operations. HB 1022. By Representative Coleman of the 142nd: A bill to amend an Act creating the office of commissioner of Dodge County, so as to change provisions relating to the parliamentary procedure for meetings of the board of commissioners; to change provisions relating to advertisement and bidding of purchases. Referred to Committee on State and Local Governmental Operations. HB 1023. By Representatives Stephens of the 150th, Day of the 153rd, Mueller of the 152nd and Jackson of the 148th: THURSDAY, MARCH 18, 1999 1343 A bill to provide for a homestead exemption from certain Chatham County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident. Referred to Committee on State and Local Governmental Operations. HB 1024. By Representatives Stephens of the 150th, Day of the 153rd, Mueller of the 152nd and Jackson of the 148th: A bill to provide for a homestead exemption from certain Chatham County and City of Savannah School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted assessed value of such homestead for the taxable year immediately preceding the taxable year in which this exemption was first granted to the current owner of such homestead. Referred to Committee on State and Local Governmental Operations. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate: SB 200. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd 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 advocate; to provide definitions; to provide powers; to provide for compensation; to provide for entries of appearance; to provide for notice and discovery; to provide for remedies; to provide for employment of consultants, experts, witnesses, and other employees. The House has adopted by the requisite constitutional majority the following resolution of the Senate: SR 288. By Senators Hooks of the 14th, Starr of the 44th, Walker of the 22nd and others: A resolution relative to adjournment. The President announced that the Senate would stand in recess until 2:45 p.m. The President called the Senate to order at 2:55 p.m. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate amendment to the following bill of the House: HB 6. By Representatives Franklin of the 39th, Coan of the 82nd and Massey of the 86th: 1344 JOURNAL OF THE SENATE A bill to amend Code Section 18-4-22 of the Official Code of Georgia Annotated, relating to the exemption of certain pension or retirement funds or benefits from garnishment until certain payment or transfer thereof, so as to provide for such an exemption with respect to additional individual retirement account funds or benefits. The House has disagreed to the Senate substitute to the following bill of the House: HB 144. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999 and ending June 30, 2000. The Calendar was resumed. HB 577. By Representatives Porter of the 143rd, McBee of the 88th and Mobley of the 69th: A bill to amend Code Section 43-30-8 of the Official Code of Georgia Annotated, relating to optometry registration, so as to change the provisions relating to continuing education. Senate Sponsor: Senator Ragan of the llth. The Senate Health and Human Services Committee offered the following amendment: Amend HB 577 by adding at the end of line 3 of page 1 the following: "to provide for an effective date;". By adding before the period on line 26 of page 1 the following: ", and the minimum number of such hours shall be 36 hours unless the board gives written notice prior to that date to each licensed doctor of optometry of a different number of such hours required for biennial license renewal". By adding between line 33 of page 1 and line 1 of page 2 the following: "SECTION 1.1. This Act shall become effective January 1, 2000." On the adoption of the amendment, the yeas were 32, nays 20, and the committee amendment was adopted. Senator Ragan of the llth offered the following amendment: Amend HB 577 by adding after "To" on line 1 of page 1 the following: "amend Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to optometry definitions, so as to change the provisions regarding scope of practice and providing samples; to". By adding between lines 6 and 7 of page 1 the following: "Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to optometry definitions, is amended by adding at the end of paragraph (2) thereof new subparagraphs to read as follows: THURSDAY, MARCH 18, 1999 1345 '(I) Therapeutically licensed optometrists shall have the authority to prescribe and administer all oral and topical pharmaceutical agents rational to the diagnosis, management, or treatment of diseases and conditions of the eye and adnexa oculi except those listed in Schedules I and II of Article 2 of Chapter 13 of Title 16, the "Georgia Controlled Substances Act." (J) Nothing in this chapter shall be construed to prohibit a doctor of optometry from providing pharmaceutical samples to patients.' SECTION 1.1." Senator Land of the 16th asked for a ruling of the Chair as to the germaneness of the Ragan amendment. The President ruled the amendment germane. Senator Ragan of the llth asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Ragan amendment was withdrawn. Senator Walker of the 22nd offered the following amendment: Amend HB 577 by adding between lines 6 and 7 of page 1 the following: "Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to optometry definitions, is amended by adding at the end of paragraph (2) thereof new subparagraphs to read as follows: '(I) Therapeutically licensed optometrists shall have the authority to prescribe and administer all oral and topical pharmaceutical agents rational to the diagnosis, management, or treatment of diseases and conditions of the eye and adnexa oculi except those listed in Schedules I and II of Article 2 of Chapter 13 of Title 16, the "Georgia Controlled Substances Act." On the adoption of the amendment, a roll call was taken, and the vote was as follows: N Balfour Y Blitch 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 N Golden N Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D N Johnson, E Y Kemp N Ladd N Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen N Perdue N Polak N Price,R N Price.T Y 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 amendment, the yeas were 29, nays 25, and the Walker amendment was adopted. 1346 JOURNAL OF THE SENATE Senator Ladd of the 41st moved that SB 16, relating to optometry, be printed and distributed. On the motion, the yeas were 13, nays 33, and the motion was lost. Senator Walker of the 22nd moved the previous question. On the motion, the yeas were 38, nays 8; the motion prevailed, and the previous question was ordered. 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: N Balfour Y 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 N Golden N Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D N Johnson,E Y Kemp N Ladd N Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen N Perdue N Polak N Price,R N Price.T Y Ragan N Ray N Roberts Y Scott Y Smith Y Stair N Stephens Y Stokes Y Streat Y Tanksley Y Tate N Thomas.D Y Thomas,N Y Thompson Y Walker N Williams On the passage of the bill, the yeas were 32, nays 24. The bill, having received the requisite constitutional majority, was passed as amended. Senator Walker of the 22nd moved that HB 577 be immediately transmitted to the House. On the motion, the yeas were 35, nays 15; the motion prevailed, and HB 577 was immediately transmitted. Senator Price of the 56th moved that the Senate reconsider its action on HB 577. The President ruled the motion to reconsider out of order. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate: SB 210. By Senators Walker of the 22nd, Thompson of the 33rd, Tanksley of the 32nd and others: A bill to amend Chapter 20A of Title 33 of the Official Code of Georgia Annotated, the "Patient Protection Act of 1996," relating to managed care plans, and Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating THURSDAY, MARCH 18, 1999 1347 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. The following bill was taken up to consider House action thereto: HB 144. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999 and ending June 30, 2000. Senator Hooks of the 14th moved that the Senate insist on its substitute to HB 144. On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 144. Senator Guhl of the 45th moved that all the bills on the Local Calendar for today be immediately transmitted to the House. On the motion, the yeas were 36, nays 0; the motion prevailed, and the local bills were immediately transmitted. The Calendar was resumed. HB 374. By Representatives Orrock of the 56th, Williams of the 114th, Trense of the 44th and others: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for legislative findings; to require health insurers to provide coverage for any prescription drug or device approved for use as a contraceptive. Senate Sponsor: Senator Madden of the 47th. Senator Cable of the 27th offered the following amendment: Amend HB 374 by striking the word "provide" and inserting in its place "offer" on line 4 of page 1 and line 28 of page 2. On the adoption of the amendment, a roll call was taken, and the vote was as follows: Y Balfour N Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle Y 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 N Johnson.D Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land Y Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak Y Price,R Y Price.T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat N Tanksley N Tate 1348 JOURNAL OF THE SENATE Y Thomas,D N Thomas,N N Thompson N Walker Y Williams On the adoption of the amendment, the yeas were 22, nays 34, and the Cable amendment was lost. Senator Johnson of the 1st offered the following amendment: Amend HB 374 by adding a new subparagraph on page 3 after line 2: "(3) Nothing in this Code section shall require coverage of persons under the age of 16 without parental consent." On the adoption of the amendment, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Y Cable Y Cagle Y Cheeks Y Crotts N Dean Y Egan N Fort Y Gillis Y Gingrey N Golden Y Guhl N Harbison Y Hecht N Hill N Hooks N Huggins N Jackson N James N Johnson.D Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land Y Lee N Madden N Marable N Meyer von Bremen Y Perdue N Polak Y Price,R Y Price,T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat Y Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams On the adoption of the amendment, the yeas were 27, nays 29, and the Johnson of the 1st amendment was lost. Senator Land of the 16th offered the following amendment: Amend HB 374 by striking lines 7 through 23 on page 2 and inserting the following: 'Health benefit policy' means those contracts executed by the State of Georgia on behalf of state employees under Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, and issued by a health care corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, provider sponsored health care corporation, or other insurer or similar entity.' On the adoption of the amendment, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton N Butler N Cable Y Cagle Y Cheeks Y Crotts N Dean N Egan N Fort N Gillis N Gingrey N Golden THURSDAY, MARCH 18, 1999 1349 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 N Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat N Tanksley N Tate Y Thomas,D N Thomas,N N Thompson N Walker Y Williams On the adoption of the amendment, the yeas were 19, nays 37, and the Land amendment was lost. Senator Guhl of the 45th moved the previous question. On the motion, the yeas were 45, nays 0; the motion prevailed, and the previous question was ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: N Balfour Y 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 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 Y 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 passage of the bill, the yeas were 36, nays 20. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: 1350 JOURNAL OF THE SENATE The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House: HB 144. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999 and ending June 30, 2000. The Speaker has appointed on the part of the House, Representatives Walker of the 141st, Coleman of the 142nd and Buck of the 135th. The following bills were taken up to consider House action thereto: HB 144. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999 and ending June 30, 2000. Senator Hooks of the 14th moved that the Senate adhere to its substitute to HB 144 and that a Conference Committee be appointed. On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 144. The President appointed as a Conference Committee the following: Senators Starr of the 44th, Walker of the 22nd and Hooks of the 14th. 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 advocate; to provide definitions; to provide powers; to provide for compensation; to provide for entries of appearance; to provide for notice and discovery; to provide for remedies; to provide for employment of consultants, experts, witnesses, and other employees. The House substitute was as follows: A BILL To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to applicability of rate regulation; to create the Consumers' Insurance Advocate and deputy advocate; to provide definitions; to provide powers; to provide for compensation; to provide for entries of appearance; to provide for notice and discovery; to provide for remedies; to provide for employment of consultants, experts, witnesses, and other employees; to provide for the publication of certain information; to provide for access to documents and other information; to provide that other remedies are not affected; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-9-3, relating to applicability of rate regulation, and inserting in lieu thereof the following: THURSDAY, MARCH 18, 1999 1351 "33-9-3. (a) This chapter shall apply to all insurance on risks or on operations in this state, except: (1) Reinsurance other than joint reinsurance to the extent stated in Code Section 33-9-19; (2) Life insurance; (3) Accident and sickness msmaiice Disability income, specified disease, or hospital indemnity policies; (4) Insurance of vessels or craft, their cargoes, marine builders' risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from transportation, insurance policies. Inland marine insurance shall be deemed to include insurance defined by statute, or by interpretation thereof or, if not so defined or interpreted, by ruling of the Commissioner or as established by general custom of the business, as inland marine insurance; (5) Insurance against loss of or damage to aircraft, insurance of hulls of aircraft, including their accessories and equipment, or insurance against liability arising out of the ownership, maintenance, or use of aircraft; (6) Title insurance; or (7) Annuities. (a.l) The Commissioner may by rule or regulation establish criteria by which defined commercial risks may be exempted from the filing requirements of this chapter. (b)(l) This chapter shall apply to all insurers, including stock and mutual companies, Lloyd's associations, and reciprocal and interinsurance exchanges, which under any laws of this state write any of the kinds of insurance to which this chapter applies. (2) The provisions of this chapter regarding rates shall apply to any insurer, fraternal benefit society, health care plan, nonprofit medical service corporation, nonprofit hospital service corporation, health maintenance organization, or preferred provider organization providing any accident or sickness insurance or health benefit plan issued, delivered, issued for delivery, or renewed in this state to the extent required by subsection (c) of this Code section. (c) Provisions of this chapter regarding rates shall apply only to a proposed rate for any insurance or health benefit plan: (1) Which alone or in combination with any previous rate change for such insurance or plan would result in a rate increase of: (A) Five percent or more in any 12 month period; or (B) Nine percent or more in any 24 month period; or (2) Made within 36 months after any rate change described by paragraph (1) of this subsection." SECTION 2. Said title is further amended by adding a new Chapter 57 at the end thereof to read as follows: 33-57-1. "CHAPTER 57 1352 JOURNAL OF THE SENATE The General Assembly recognizes the importance of effectively managed and economical insurance and health management funding products and services to the citizens of the State of Georgia. It is further recognized that the citizens of Georgia should receive adequate insurance and health management funding products and services at the lowest reasonable cost to the consumer while maintaining the ability of insurance and health management funding companies to furnish their products and services. It is further recognized that the Insurance Department has been established for the purpose, among other things, of regulating insurance and health management funding companies, the rates which they charge the consumer, and for representing the public interest. The General Assembly is aware, however, that the department and the Commissioner must be furnished with all available information concerning the effects of its decisions in any proceedings before it. It is the purpose of this chapter to ensure that the department and the Commissioner receive such information, particularly in those cases that directly involve Georgia's citizens. It is further the intent of the General Assembly that consumers have reasonable choices among the products and services offered by insurance and health management funding companies and that these companies are accountable to consumers. 33-57-2. As used in this chapter, the term: (1) 'Administrator' means the administrator appointed pursuant to Code Section 101-395. (2) 'Advocate' means the Consumers' Insurance Advocate in the Governor's Office of Consumer Affairs. (3) 'Commissioner' means the Commissioner of Insurance created in Code Section 33-2-1. (4) 'Consumer" means a beneficiary or user, whether directly or indirectly, of any insurance products or services which are under the jurisdiction of the Commissioner or of the department other than products and services of a domestic supplemental life and health insurer. (5) 'Department' means the Insurance Department created pursuant to Code Section 33-2-1. (6) 'Governor's Office of Consumer Affairs' means the office of the administrator created in Code Section 10-1-395. 33-57-3. There are created the Consumers' Insurance Advocate and deputy advocate within the Governor's Office of Consumer Affairs. The advocate and deputy advocate may be attorneys licensed to practice in the courts of this state and shall be appointed by and serve at the pleasure of the Governor. The advocate shall receive compensation in an amount to be determined by the Governor but not to exceed that provided or authorized by law for the district attorney for the Atlanta Judicial Circuit, excluding all city and county supplemental compensation and expenses. In addition to such compensation, the advocate shall also receive reimbursement for his or her reasonable and necessary expenses incurred in the performance of his or her duties, as provided by law for state employees. The advocate shall have discretion to employ an individual in the position of deputy advocate, and such person shall receive such compensation as shall be determined by the advocate, together with reimbursement of expenses on the same terms as the advocate. No person employed as advocate or deputy advocate shall en- THURSDAY, MARCH 18, 1999 1353 gage in the private practice of law while employed as the Consumers' Insurance Advocate. The advocate shall submit a written report of quarterly activities, decisions, information obtained, and expenditures of the advocate's office. The report shall be submitted to the Insurance Committee of the Georgia House of Representatives and to the Insurance and Labor Committee of the Georgia Senate not less than 30 days after the end of each quarter of each calendar year. 33-57-4. (a) The advocate shall be entitled to appear, as a party or otherwise, on behalf of the consumers of this state of products or services provided by any person, firm, or corporation subject to the jurisdiction of the Commissioner or of the department in all proceedings or other matters pending before the department or the Commissioner. (b) The advocate shall also appear in the same representative capacity as specified in subsection (a) of this Code section in similar administrative proceedings affecting the consumers of this state before any federal administrative agency or body which has regulatory jurisdiction over products or services purchased by consumers. (c) The advocate shall be authorized in the same representative capacity as specified in subsection (a) of this Code section to initiate proceedings, by complaint or otherwise, before any federal or state administrative agency before which he or she is otherwise authorized to appear, with respect to matters properly within the cognizance of those agencies. When such complaint or other request is filed with the Commissioner, the Commissioner shall respond to such complaint or other request within 45 days. (d) The advocate shall be authorized in the same representative capacity as specified in subsection (a) of this Code section to initiate or intervene as of right or otherwise appear in any judicial proceeding involving or arising out of any action taken by an administrative agency in a proceeding in which the advocate is authorized to appear under subsection (a), (b), or (c) of this Code section. (e) The advocate shall be authorized to publish by available means, including Internet access, such information as the advocate may deem to be in the public interest relating to the duties and purposes of the advocate's office and findings, research, and studies conducted by that office, except any information which is confidential or privileged as otherwise provided by law. (f) The advocate shall be authorized to hear complaints and to present and advocate positions affecting rates or benefits for any insurance products and services afforded to state employees and may for this purpose appear before any officer or entity providing or administering such benefits. 33-57-5. (a) In addition to other requirements of service and notice imposed by law, a copy of any request for insurance or health benefit plan rate filing: (1) Which alone or in combination with any previous rate filing would result in a rate increase of: (A) Five percent or more in any 12 month period; or (B) Nine percent or more in any 24 month period; or (2) Made within 36 months after any rate filing described by paragraph (1) of this subsection 1354 JOURNAL OF THE SENATE shall also be served on the advocate, and the advocate shall be notified of any other correspondence or paper filed with or issued by the department or by the Commissioner in connection with such rate filing. A notice of such filing shall be sent to the advocate certified mail, return receipt requested. The department or the Commissioner shall not proceed to hear or determine any petition, complaint, proceeding, or request for rate filing in which the advocate is entitled to appear unless it shall affirmatively appear that the advocate was given at least ten days' written notice thereof, unless such notice is affirmatively waived in writing or the advocate appears and specifically waives such notice. The advocate may also request copies of any application, complaint, pleading, notice, or other document filed with or issued by the department or by the Commissioner. (b) In any case of a rate filing which is subject to the provisions of subsection (a) of this Code section, the advocate is authorized to take depositions and obtain discovery of any matter which is not privileged and which is relevant to the subject matter involved in any proceeding or petition before the department or by the Commissioner in the same manner and subject to the same procedures which would otherwise be applicable if such proceeding was then pending before a superior court. Copies of materials and information obtained through such discovery shall be made available to the department. The superior courts and judges and clerks thereof are authorized to issue all orders, injunctions, and subpoenas and to take all actions necessary to carry out this subsection. 33-57-6. The administrator shall employ and fix the compensation of at least one actuary as a regular full-time employee to assist the advocate, and the administrator is authorized to employ and fix the compensation of such other assistants as the advocate may need, including without limitation consultants, expert witnesses, accountants, attorneys, investigators, stenographers, or other technical or clerical assistants as may be necessary to carry out the advocate's duties; provided, however, that no such employment may occur nor may any contracts for payment of fees or expenses be paid for consultants, expert witnesses, accountants, attorneys, investigators, stenographers, or other technical or clerical assistants unless such employment or such contracts are first approved by the administrator and can be achieved using funds appropriated to the Governor's Office of Consumer Affairs for such purposes. The office of the advocate shall keep suitable and proper records of all such expenditures. The compensation of the advocate and such staff shall be paid from state funds appropriated to the Governor's Office of Consumer Affairs for such purposes. 33-57-7. Services of all consultants, expert witnesses, accountants, actuaries, attorneys, investigators, stenographers, or other technical or clerical assistants employed by the department may be available to the advocate in the performance of his or her duties upon the approval of the department; and such consultants, expert witnesses, accountants, actuaries, attorneys, investigators, stenographers, or other technical or clerical assistants shall make such appraisals and audits as the advocate, with the approval of the department, may request. The advocate and his or her staff shall have access to all records, files, reports, documents, and other information in the possession or custody of the department or of the Commissioner to the same extent as the department or as the Commissioner has access thereto and subject to the same limitations imposed on the use thereof by the department or by the Commissioner. A written report of the THURSDAY, MARCH 18, 1999 1355 cost of all services provided for the advocate pursuant to this Code section shall be submitted by the advocate along with each quarterly report made to committees of the General Assembly pursuant to Code Section 33-57-3. 33-57-8. This chapter shall not be construed to prevent any party interested in any proceeding or action before the department, the Commissioner, any court, or any administrative body from appearing in person or by representing counsel in such proceeding or action. However, nothing in this chapter shall apply to a domestic supplemental life and health insurer." SECTION 3. This Act shall become effective on July 1, 1999. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Thompson of the 33rd moved that the Senate agree to the House substitute as amended by the following amendment: Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd offered the following amendment: Amend the House substitute to SB 200 by striking lines 35 and 36 on page 2 and inserting in lieu thereof the following: "(A) The lesser of 5 percent in any 12 month period or the percent increase in the Consumer Price Index as established by the United States Department of Labor over such period; or (B) The lesser of 9 percent in any 24 month period or the percent increase in the Consumer Price Index as established by the United States Department of Labor over such period; or". By inserting on line 39 on page 5 immediately before the words "officer" and "entity" the word "state". By striking lines 7 and 8 on page 6 and inserting in lieu thereof the following: "(A) The lesser of 5 percent in any 12 month period or the percent increase in the Consumer Price Index as established by the United States Department of Labor over such period; or (B) The lesser of 9 percent in any 24 month period or the percent increase in the Consumer Price Index as established by the United States Department of Labor over such period; or". On the motion, 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 N Burton Y Butler N Cable N Cagle Y Cheeks Y Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl Y Harbison Y Hecht Y Hill EX Hooks Y Huggins Y Jackson James Y Johnson.D 1356 JOURNAL OF THE SENATE N Johnson,E Y Kemp N Ladd N Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak N Price,R N Price,T Y Ragan N Ray N Roberts Y Scott Y Smith EX Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thompson EX Walker N Williams On the motion, the yeas were 35, nays 17; the motion prevailed, and the Senate agreed to the House substitute to SB 200 as amended by the Senate. 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 Annotated, relating to the exemption of certain pension or retirement funds or benefits from garnishment until certain payment or transfer thereof, so as to provide for such an exemption with respect to additional individual retirement account funds or benefits. Senator Balfour of the 9th moved that the Senate insist on its amendment to HB 6. On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 6. The Calendar was resumed. HB 417. By Representatives Stuckey of the 67th, Martin of the 47th and Bordeaux of the 151st: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for legislative purpose and definitions; to provide for the stay of certain proceedings regarding a child who may not be competent. Senate Sponsor: Senator Meyer von Bremen of the 12th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y 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 Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill EX 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 THURSDAY, MARCH 18, 1999 1357 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 EX 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. HB 852. By Representatives Sinkfield of the 57th, Martin of the 47th and Taylor of the 134th: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to authorize the Department of Human Resources to provide temporary care and supervision for a child, without court authorization, when, as a result of an emergency or illness, the person in whose custody such child is found is unable to provide for the care of such child. Senate Sponsor: Senator Thomas of the 10th. The Senate Health and Human Services Committee offered the following amendment: Amend HB 852 by striking lines 27 and 28 of page 1 and inserting in their place the following: "a law enforcement officer, emergency personnel employed by a licensed ambulance provider, fire rescue personnel, or a hospital administrator or his or her designee requests that 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 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 Egan Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill EX 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 1358 JOURNAL OF THE SENATE EX Starr Y Stephens Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson EX 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 as amended. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate: SB 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. The Calendar was resumed. HB 459. By Representatives Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th and others: A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to specific, business, and occupation taxes, so as to change or clarify certain definitions, including definitions for employee, gross receipts, location or office, and regulatory fees. Senate Sponsor: Senator Polak of the 42nd. The Senate Finance and Public Utilities Committee offered the following substitute to HB 459: A BILL To be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to specific, business, and occupation taxes, so as to delete an obsolete definition; to change or clarify certain definitions, including definitions for employee, gross receipts, location or office, and regulatory fees; to provide that owners and operators of bona fide coin operated machines, owners and operators of businesses where bona fide coin operated amusement machines are available for commercial use, and certain merchants or dealers as to certain deliveries in areas zoned for commercial use are not subject to regulatory fees of local governments; to authorize local governments to request payment of occupation taxes for practitioners and accept such payment from partnerships or corporations composed of practitioners; to change provisions relating to occupation tax on a business or practitioner with an office or location in more than one jurisdiction; to provide for the burden of proof; to change confidentiality provisions; to provide for reporting omission of taxpayer identification numbers to the Revenue Commissioner; to change provisions relating to the time for paying occupation tax and regulatory fees; to provide that payment of regulatory fees is THURSDAY, MARCH 18, 1999 1359 a condition precedent for transacting business or practicing a profession; to provide for exceptions; to provide that certain practitioners who commence business on or after July 1 shall receive no reduction in the amount of occupation tax in certain circumstances; to change provisions relating to remedies for failure or refusal to pay occupation taxes and regulatory fees; to clarify that executions may be issued for any penalty or interest on such taxes and regulatory fees; to provide for a civil fine not to exceed $500.00; to remove a provision relating to criminal prosecution; 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 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to specific, business, and occupation taxes, is amended by striking Code Section 48-13-1, relating to a definition of "in towns and cities," and inserting in lieu thereof the following: "48-13-1. AS Utitu. lil LiiiS Cliti^jtci, LliC! 161"HI 111 1/GvViiB ui1 i;rtlt;S 1U6&HS WTtlUfl Oil^ illiitir Oi ^lil.ii.jjtci, luwiis, ui tiller Reserved." SECTION 2. Said article is further amended by striking in their entirety paragraphs (1.1), (2), (3), and (6) of Code Section 48-13-5, relating to definitions, and inserting in lieu thereof the following: "(1.1)(A) 'Euujluytit;' Except as otherwise provided in subparagraph (B) of this paragraph, 'employee' means an individual whose work is performed under the direction and supervision of the employer and whose employer withholds FICA, federal income tax, or state income tax from such individual's compensation or whose employer issues to such individual for purposes of documenting compensation a form I.R.S. W-2 but not a form I.R.S. 1099. (B) An individual who performs work under the direction and supervision of one business or practitioner in accordance with the terms of a contract or agreement with another business which recruits such individual is an employee of the business or practitioner which issues to such individual for purposes of documenting compensation a form I.R.S. W-2. (2)(A) 'Gross receipts' means total revenue of the business or practitioner for the period, including without being limited to the following: (i) Total income without deduction for the cost of goods sold or expenses incurred; (ii) Gain from trading in stocks, bonds, capital assets, or instruments of indebtedness; (iii) Proceeds from commissions on the sale of property, goods, or services; (iv) Proceeds from fees charged for services rendered; and (v) Proceeds from rent, interest, royalty, or dividend income. (B) Gross receipts shall not include the following: (i) Sales, use, or excise taxes; (ii) Sales returns, allowances, and discounts; 1360 JOURNAL OF THE SENATE (iii) Interorganizational sales or transfers between or among the units of a parent-subsidiary controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(l), between or among the units of a brother-sister controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(2), or between or among wholly owned partnerships or other wholly owned entities; (iv) Payments made to a subcontractor or an independent agent for services which contributed to the gross receipts in issue; (v) Governmental and foundation grants, charitable contributions, or the interest income derived from such funds, received by a nonprofit organization which employs salaried practitioners otherwise covered by this chapter, if such funds constitute 80 percent or more of the organization's receipts; and (vi) Proceeds from sales lu cuslumuis uulside the slaUi of goods or services which are delivered to or received by customers who are outside the state at the time of delivery or receipt. (3) 'Location or office' shall include any structure or vehicle where a business, profession, or occupation is conducted, but shall not include a temporary or construction work site which serves a single customer or project or a vehicle used for sales or delivery by a business or practitioner of a profession or occupation which has a location or office. The renter's or lessee's location which is the site of personal property which is rented or leased from another does not constitute a location or office for the personal property's owner, lessor, or the agent of the owner or lessor. The site of real property which is rented or leased to another does not constitute a location or office for the real property's owner, lessor, or the agent of the owner or lessor unless the real property's owner, lessor, or the agent of the owner or lessor, in addition to showing the property to prospective lessees or tenants and performing maintenance or repair of the property, otherwise conducts the business of renting or leasing the real property at such site or otherwise conducts any other business, profession, or occupation at such site." "(6) 'Regulatory fees' means payments, whether designated as license fees, permit fees, or by another name, which are required by a local government as an exercise of its police power and as a part of or as an aid to regulation of an occupation, profession, or business. The amount of a regulatory fee shall approximate the reasonable cost of the actual regulatory activity performed by the local government. A regulatory fee may not include an administrative fee or registration fee. No local government is authorized to require any administrative fee, registration fee, or fee by any other name in connection with a regulatory fee, except an occupation tax, as defined in paragraph (4) of this Code section. Regulatory fees do not include development impact fees as defined by paragraph (8) of Code Section 36-71-2 or other costs or conditions of zoning or land development." SECTION 3. Said article is further amended in Code Section 48-13-9, relating to regulatory fees, by striking subsection (c) in its entirety and inserting in lieu thereof the following: "(c) Examples of businesses and practitioners of professions and occupations which local governments are not authorized to subject to regulatory fees include, but are expressly not limited to, the following: (1) Lawyers; (2) Physicians licensed under Chapter 34 of Title 43; THURSDAY, MARCH 18, 1999 1361 (3) Osteopaths licensed under Chapter 34 of Title 43; (4) Chiropractors; (5) Podiatrists; (6) Dentists; (7) Optometrists; (8) Psychologists; (9) Veterinarians; (10) Landscape architects; (11) Land surveyors; (12) Practitioners of physiotherapy; (13) Public accountants; (14) Embalmers; (15) Funeral directors; (16) Civil, mechanical, hydraulic, or electrical engineers; (17) Architects; (18) Marriage and family therapists, social workers, and professional counselors; (19) Dealers of motor vehicles, as defined in paragraph (1) of Code Section 10-1-622; anil (20) Owners or operators of bona fide coin operated amusement machines, as defined in Code Section 48-17-1, and owners or operators of businesses where bona fide coin operated amusement machines are available for commercial use and play by the public, provided that such amusement machines have affixed current stickers showing payment of annual permit fees, in accordance with Code Section 48-17-9; (21) Merchants or dealers as defined in Code Section 48-5-354 as to their deliveries to businesses and practitioners of professions and occupations in areas zoned for commercial use; and (26)(22) Any other business, profession, or occupation for which state licensure or registration is required by state law, unless the state law regulating such business, profession, or occupation specifically allows for regulation by local governments." SECTION 4. Said article is further amended in Code Section 48-13-10, relating to methods of determining the amount of occupation tax, by inserting a new subsection to be designated subsection (h) to read as follows: "(h)Notwithstanding any other provision in this article, any local government levying an occupation tax is authorized to request payment of such occupation tax from and accept payment from a partnership, corporation, or other business entity composed of practitioners subject to the election set out in subsection (g) of this Code section for each such practitioner." SECTION 5. Said article is further amended by striking in its entirety Code Section 48-13-14, relating to businesses or practitioners with locations or offices in more than one jurisdiction, and inserting in lieu thereof the following: 1362 JOURNAL OF THE SENATE "48-13-14. (a) In levying occupation tax upon a business or practitioner with a location or office situated in more than one jurisdiction, including businesses or practitioners with one or more locations or offices in Georgia and one or more locations outside the state, local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 shall allocate the gross receipts as defined in paragraph (2) of Code Section 48-13-5 of the business or practitioner for occupation tax purposes in accordance with one of the following methods: (1) Where the business or practitioner can reasonably allocate the dollar amount of gross receipts of the business or practitioner can be allocated to one or more of the locations or offices on the basis of product manufactured in that location or office or auivice the sales or other services provided fur uuiupemaatiuu in that location or office, each local government is authorized to tax the gross receipts generated by the location or office within the jurisdiction of the local government; or (2) Where the business or practitioner cannot reasonably allocate the dollar amount of gross receipts caimut laasmiably be allocated among multiple locations or offices, the total business or practitioner shall divide the gross receipts shall be divided reported to all local governments in this state by the number of locations or offices of the business or practitioner which contributed to the gross receipts reported to any local government in this state, and shall allocate an equal percentage of the total such gross receipts of the business or practitioner shall be allocated to each location or office. (b) In no instance shall the sum of the portions of the total gross receipts of a business or practitioner taxed by all local governments exceed 100 percent of the total gross receipts of the business or practitioner. (c) In the event of a dispute between the business or practitioner and the local government as to the allocation under this Code section, the business or practitioner shall have the burden of proof as to the reasonableness of this allocation. Upon request, businesses or practitioners with a location or office situated in more than one jurisdiction shall provide to any local government authorized to levy an occupation tax upon such business or practitioner the following: (1) Financial information necessary to allocate the gross receipts of the business or practitioner; and (2) Information relating to the allocation of the business's or practitioner's gross receipts by other local governments. When more than one local government levies occupation tax on a business or practitioner which has locations encompassed by more than one local government and the local governments use different criteria for taxation in accordance with subsection (a) of Code Section 48-13-10, local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 are not authorized to tax any greater proportion of the gross receipts than authorized by subsection (a) of this Code section, and local governments which use the number of employees as a criterion for taxation are authorized to tax the number of employees who are employed within the local government's geographic jurisdiction. In the case of an employee who works for the same business or practitioner in more than one municipal corporation or county, the municipal corporation or county in which the employee works for the longest pe- THURSDAY, MARCH 18, 1999 1363 riod of time within the calendar year shall be authorized to count the individual as an employee who is employed within the local government's geographic jurisdiction for purposes of occupation tax." SECTION 6. Said article is further amended by striking in its entirety Code Section 48-13-15, relating to confidentiality of information, and inserting in lieu thereof the following: "48-13-15. (a) Except as provided in subsection (c) of this Code section, information on gross receipts received by a business or practitioner of an occupation or profession provided to a local government by a business ur practitiunei uf an occupation or profession for the purpose of determining the amount of occupation tax for the business or practitioner is confidential and exempt from inspection or disclosure under Article 4 of Chapter 18 of Title 50. (b) Violation of the confidentiality provision of subsection (a) of this Code section shall be unlawful and upon conviction shall be punished as a misdemeanor. (c) Information on gross receipts received by a business or practitioner of an occupation or profession provided to a local government by a business m prautitiuntu uf aii uccujjatiuii ui piufessiuii for the purpose of determining the amount of occupation tax for the business or practitioner may be disclosed to the governing authority of another local government for occupation tax purposes or pursuant to court order or for the pvrpose of collection of occupation tax or prosecution for failure or refusal to pay occupation tax. (d) In the event a taxpayer completes one or more forms in order to comply with a local government's ordinance or resolution imposing either an occupation tax or a regulatory fee and any such form fails to disclose the social security number or the appropriate federal or state taxpayer identification number, or other identification numbers, if required by the local government, such omission shall be reported in a timely manner to the state revenue commissioner." SECTION 7. Said article is further amended by striking in their entirety Code Section 48-13-20, relating to time for payment, Code Section 48-13-22, relating to the amount of tax due from businesses commenced on or after July 1, and Code Section 48-13-26, relating to executions and criminal prosecution, and inserting in lieu thereof the following: "48-13-20. (a) All license fees and business, occupation, and uthui taxes imposed or authorized by this chapter, except as otherwise specifically provided, shall be due and payable annually on within 30 days following January 1, or such other date specified in the local government ordinance imposing the fees and taxes. In the event that any person commences business on any date after Januaiy 1 in auy yeai ui aftui the date specified in this Code section or in the local government ordinance imposing the fees aud taxes tax, the tax shall be due and payable un the date of Lhe commencement uf the business 30 days following the commencement of the business. (b) Regulatory fees authorized by this chapter shall be paid before commencing business or the practice of a profession as a condition precedent for transacting business, or practicing a profession. 1364 JOURNAL OF THE SENATE (c) Regulatory fees may be paid after commencing business or the practice of a profession when: (1) The work done or services provided are necessary for the health or safety of one or more individuals; (2) The work done or services provided have no adverse effect on any other person; and (3) Regulatory fees are tendered to the local government within two business days after commencing business or the practice of a profession." "48-13-22. When any person commences business on or after July 1 in any year, the business or occupation tax for the remaining portion of the year shall be 50 percent of the tax imposed for the entire year, except that (1) local governments which tax according to the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 are authorized to levy their customary rate on the gross receipts of the business or practitioner from the commencement of the business; and (2) the administrative fee authorized as a component of an occupation tax by subsection (e) of Code Section 48-13-10 shall not be reduced; and (3) a practitioner of a profession or occupation who elects as his or her occupation tax the amount described in paragraph (2) of subsection (g) of Code Section 48-13-10 shall receive no reduction in such amount." "48-13-26. fa) In addition to the other remedies available to the state, counties, and municipalities for the collection of special taxes, occupation taxes, and license regulatory fees due the state, counties, and municipalities from persons subject to the tax or license fee who fail or refuse to pay the tax or fee, the officer charged with the collection of the tax or license fee shall issue executions against the delinquent taxpayers for any or all of the following: the amount of the taxes or fees due when the taxes or fees become due; any penalty imposed by subsection (a) of Code Section 48-13-21; and any interest imposed by the local ordinance in accordance with subsection (b) of Code Section 4813-21. The court of competent jurisdiction for the enforcement of ordinances of the local government which has levied the tax or imposed the fee may, if authorized by the local ordinance, impose a civil fine for failure to pay the occupation tax or regulatory fee. Such a civil fine shall not exceed $500.00 and may be enforced by the contempt power of the court. (b) The jiglil uf tlnj slate, comities, and municipalities to ciiiuiiially piosecute pmsuns V1OI&Liiij:lllc laW ui1 3 COu.ii.Vy uiHiUliiCijjcil ui'u.lllfl.UCt' D_y rill.l.lll[ tO jjtiy tUfc S)cCicil tli9.11&s u.iilciwiu.1tor &ny ptii1sonto ffeiu9J.licipun tlicprsuiisusorwrtliintlic SClXOul sSIGLy /Ollc ctS ildiilfeQ in |jfciiL<;ij^iL<;i|jli 11/ OISUOStJCtiGiJ. {.&} UI (-JOQ6 oGuLiuiliu~.L-L~ j. 11, A. OI tHy pUDllC ui* Jji'iVatfc; SCliuOlnl llnsSLfciLG OT tO I'Glllctliiupuii su.Cll jJi'eiliiMtiSOT Wit111II SU.C11SCllOul JsH.l'Bt'y ZOllt: WllGli tllclX^jtji'SGllCluesHOT I13.V& 3 1tJ^Jl11Hi9.tc uctu.Sc OT need to be pi usual Iheieun. Each principal or designee of each public or private school in this state shall have the authority to exercise such control over the buildings and grounds upon which a school is located so as to prohibit any person who duns nut have a legitimate need ur cause Cu be pieaeiit tUuieua from engaging in school loitering upon such premises. Each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person whu does not have a legitimate need ui caubt Lu be prysyiil tlieiym from engaging in school loitering within the school safety zone. tfaXc) Any person who shall nut have any legitimate cause ui iiutid to be piesniit engages in school loitering upon the premises or within the school safety zone of any public or private school in this state who shall willfully fail to remove himself or herself from such premises or zone after the principal or designee of such school shall request him or her to do so shall be guilty of a misdemeanor of a high and aggravated nature.' SECTION 1.1. Said article is further amended by striking in". Senator Marable of the 52nd moved that the Senate disagree to the House amendment to SB 74. On the motion, the yeas were 31, nays 2; the motion prevailed, and the Senate disagreed to the House amendment to SB 74. The Calendar was resumed. HB 580. By Representatives Jenkins of the 110th, Poag of the 6th and Day of the 153rd: A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide that any county, municipality, or other public subdivision of this state which has a law enforce- MONDAY, MARCH 22, 1999 1423 ment agency shall declare a chief of police or a law enforcement head for such law enforcement agency who is required to be a certified peace officer pursuant to the provisions of Chapter 8 of Title 35, known as the "Georgia Peace Officer Standards and Training Act". Senate Sponsor: Senator Lee of the 29th. Senator Lee of the 29th moved that HB 580 be placed on the Table. On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 580 was placed on the Table. HB 678. By Representatives Stephens of the 150th, Benefield of the 96th, Parham of the 122nd and others: A bill to amend Code Section 40-2-20 of the Official Code of Georgia Annotated, relating to motor vehicle registration and license requirements, so as to exempt certain port vehicles; to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to restrictions on dimensions and weight of vehicles and load, so as to exempt certain port vehicles. Senate Sponsor: Senator Johnson of the 2nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Thomas,D Y Thomas.N Y Thompson Y Walker Williams On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Smith of the 25th introduced the Gatewood School Lady Gators basketball team, commended by SR 292, adopted previously. The President announced that the Senate would stand in recess until 1:15 p.m. The President called the Senate to order at 1:18 p.m. 1424 JOURNAL OF THE SENATE Senator Lee of the 29th moved that Senator Roberts of the 30th be excused. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Roberts was excused. The Calendar was resumed. 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 Georgia 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 damages, the burden of proof, standing, and venue in actions under this article. Senate Sponsor: Senator Walker of the 22nd. The Senate Finance and Public Utilities Committee offered the following substitute to HB356: A BILL To be entitled an Act to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Franchise Practices Act," so as to change the definition of "dealer," "franchise," and "franchisor" and define the term "relevant market area"; to provide for the filing of petitions with the Department of Revenue; to provide for standing in actions under this article; to change certain provisions relating to dealers' claims for compensation for predelivery preparation, warranty service, and recall obligations; to provide for the change of management or sale or transfer of a dealership and to provide for a franchisor's right to limit such change, sale, or transfer; to prohibit a franchisor from requiring a dealer to acquire or transfer a line make of motor vehicle if the dealer does not desire to do so; to make unlawful certain acts by franchisors regarding the denial of payment of certain claims by dealers; to limit the time during which franchisors can audit dealers; to require franchisors to send invoices to dealers under certain circumstances; to prohibit franchisors from operating, owning, or controlling certain dealerships; to provide for a franchisor's ability to limit a dealer's adding or acquiring a sales or service operation for another line make of motor vehicles; to provide for a right of first refusal under certain conditions; to restrict a franchisor from establishing a new dealership or relocating a current dealership in the relevant market area of an existing dealership; to provide a definition; to provide for nocice; to provide for petitions to enjoin or prohibit such actions by a franchisor and procedures for challenging the establishment or relocation of a dealership in an existing relevant market area; to provide criteria for determining when a new or current dealership may be established in an existing dealer's relevant market area; to prohibit manufacturers and franchisors from owning, operating, or controlling dealerships in this state, except under certain limited circumstances; to make it unlawful for a manufacturer or franchisor to compete with a dealer in the dealer's relevant market area; to provide for an automatic repeal of certain provisions; to provide for related matters; to provide for the applicability of the provisions of Article 22 of Chapter 1 of Title 10; 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. MONDAY, MARCH 22, 1999 1425 Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Franchise Practices Act," is amended by striking in their entirety paragraphs (1), (6), and (7) of Code Section 10-1-622, relating to definitions, and inserting in lieu thereof, respectively, new paragraphs (1), (6), and (7) and by inserting a new paragraph (13.1) to read as follows: "(1) 'Dealer' means any person engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new motor vehicles and who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. The term 'dealer' shall also include any person who engages in the repair of motor vehicles, except motor homes, if such repairs are performed pursuant to the terms of a franchise or other agreement with a franchisor or such repairs are performed as part of a manufacturer's or franchisor's warranty. The term 'dealer' shall not mean any person engaged solely in the business of selling used motor vehicles." "(6) 'Franchise' means the written agreement or contract between any franchisor and any dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract and pursuant to which the dealer purchases and resells motor vehicles or leases or rents the dealership facilities. Any letter, memorandum, or other document which imposes a duty, responsibility, restriction, or limitation on a dealer or which fixes the legal rights or liabilities of a dealer shall be subject to the provisions of this article relating to the franchise. (7) 'Franchisor' means: (A) Any person, resident or nonresident, who directly or indirectly licenses or otherwise authorizes one or more dealers to use a trademark or service mark associated with a make of motor vehicle in connection with the retail sale of new motor vehicles bearing such trademark or service mark; and (B) Any person who in the ordinary course of business and on a recurring basis sells such new motor vehicles to a dealer for resale:; and (C) Any person who is controlled by a franchisor or more than 10 percent owned by a franchisor, as that term is defined in subparagraphs (A) and (B) of this paragraph." "(13.1) 'Relevant market area' means the area located within an eight-mile radius of an existing dealership." SECTION 2. Said article is further amended in Code Section 10-1-623, relating to actions for violations of the "Georgia Motor Vehicle Franchise Practices Act," by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) and by adding at the end thereof a new subsection (e) to read as follows: "(a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or other terms or provisions of any novation, waiver, or other written instrument, any person who is or may be injured by a violation of a provision of this article or any party to a franchise who is so injured in his business or property by a violation of a provision of this article relating to that franchise or any person so injured because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this article may file a petition with the Department of Revenue as provided in Code Section 10-1-667 or may bring an action in any court of competent jurisdiction for damages and equitable relief including injunctive relief." 1426 JOURNAL OF THE SENATE "(e) Any corporation or association which is primarily owned by or comprised of dealers and which primarily represents the interests of dealers shall have standing to file a petition or cause of action with the Department of Revenue or with any court of competent jurisdiction for itself or by, for, or on behalf of any dealer or group of dealers for an alleged violation of this article or for the determination of any rights created by this article." SECTION 3. Said article is further amended in Code Section 10-1-641, relating to dealer's predelivery preparation, warranty service, and recall obligations and compensation therefor by the distributor, manufacturer, or warrantor, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: "(c) All such claims shall be either approved or disapproved within 30 days after their receipt on forms and in the manner specified by the manufacturer, distributor, or warrantor, and any claim not specifically disapproved in writing within 30 days after the receipt shall be construed to be approved and payment must follow within 30 days; llOWcvci j tilejiictiiulciCLm't;!1 , CllStl iuU.Lui*,OT WitlTiil1tOflllciyrfetilllltile I'lj^lit XOctUulL SliCll Clciiiiio ciilu tOClicn.L^etll6 tlt;i.lil TOT" Icilst;, 111COilreCt,uiiSLlIJSLctliLlciLcu.,ui* Ii*&uuU~ lent uleVLlUS lOl" 3. ^pBriGu OI Hut .lllOi*6 tliail two y6uue octtiuiiis tlnuugli 49-c-0 ^i'ctiiLticl &.lLornitiv6 sellGOl stcit'us luj* Gut? or more sdiools tiiiu. IcitlS tO CGlllJjly Wltli tllti ciuGVc I'e^iiiTGIllGIltS tOT iilIlIU.iil rcJ)Ol"t/IIl^j StltG lU-llLllli^ llliy be willilield." SECTION 7. This Act shall become effective on July 1, 1999. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 36, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th N Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan N 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 1464 JOURNAL OF THE SENATE Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray EX 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 On the passage of the bill, the yeas were 50, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute. HR 412. By Representatives McBee of the 88th, Walker of the 141st, Heard of the 89th and Hudgens of the 24th: A resolution designating the Museum of Natural History at the University of Georgia as the State Museum of Natural History, to be known as the Georgia Museum of Natural History. Senate Sponsor: Senator Broun of the 46th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Balfour Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden 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 Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray EX 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 On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HB 263. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th: MONDAY, MARCH 22, 1999 1465 A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, 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 order payments be redirected to or made through such registry. Senate Sponsor: Senator Kemp of the 3rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush 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 EX Roberts Y Scott Y Smith Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Walker Y Williams On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. 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 Georgia Annotated, relating to the registration and licensing of motor vehicles generally, so as to provide for special license plates to fund programs relating to the restoration of the bobwhite quail population in this state. Senate Sponsor: Senator Thomas of the 54th. The Senate Finance and Public Utilities Committee offered the following substitute to HB 855: A BILL To be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles generally, so as to provide for special license plates to fund programs relating to the restoration of the bobwhite quail population in this state; to provide for the design of such license plates; to provide that the net proceeds from the sale of such license plates shall be de- 1466 JOURNAL OF THE SENATE posited into the state treasury; to provide a statement of intent that an amount equal to such funds be appropriated to the Department of Natural Resources for the operation of programs designed to enhance the bobwhite quail population in this state; to provide for the replacement of existing license plates with such special license plates; to provide for matters relative to the foregoing; 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; to provide for conditions for issuance, revalidation, and transfer; to provide for fees; to provide for issuance of special "Support Adoption" license plates, fees therefor, and budget estimates relating to such fees; to provide for legislative intent; to amend Article 10 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and adolescents with severe emotional problems, so as to provide for certain budget estimates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles generally, is amended by inserting at the end thereof the following: "40-2-49.1. (a) In order to promote and financially provide for the restoration and enhancement of the bobwhite quail population by the Georgia Department of Natural Resources, there shall be issued beginning January 1, 2001, special license plates promoting such effort, which shall be known as the 'Bobwhite Quail Restoration Initiative.' (b) The Department of Natural Resources shall design special distinctive license plates appropriate to promote conservation, restoration, and enhancement of the bobwhite quail population and the habitats upon which they depend. The bobwhite quail restoration initiative plate must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total characters do not exceed the sum of six. No two recipients shall receive identically numbered plates. Such design shall not provide space in which to indicate the name of the county of issuance. (c) Notwithstanding the provisions of subsection (b) this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such license or other permission as may be required to implement this Code section. The design of the initial edition of the bobwhite quail restoration initiative license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning on January 1, 2001, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of not more than $25.00 in addition to the reg- MONDAY, MARCH 22, 1999 1467 ular motor vehicle registration fee, shall be issued a bobwhite quail restoration initiative license plate. Revalidation decals shall, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for bobwhite quail restoration initiative license plates in the same manner as provided for general issue license plates. (e) The funds derived from the sale of bobwhite quail restoration initiative license plates, less a $1.00 processing fee, which shall be granted to county tag offices per plate sold, and less the actual manufacturing cost of the plates, shall be deposited in the general fund of the state treasury. As soon as practicable after December 31 of each year, the commissioner shall report the net amount derived from the sale of bobwhite quail restoration initiative license plates to the Office of Planning and Budget and the Department of Natural Resources. It is the intent of the General Assembly that the General Assembly appropriate an amount equal to the net proceeds from the sale of such license plates to the Department of Natural Resources to be used to restore and enhance bobwhite quail populations and their habitats. The Department of Natural Resources shall utilize the funds so appropriated to conduct programs designed to enhance the bobwhite quail population in this state. Such programs may include the creation of habitat demonstration areas on state managed wildlife lands, education programs, and technical assistance to private landowners in the creation and maintenance of bobwhite quail habitats on their lands. The Department of Natural Resources may enter into such contractual agreements as may be appropriate to further the objectives of the bobwhite quail restoration initiative. The Department of Natural Resources shall monitor the response of the bobwhite quail population to those habitat conservation activities to determine their effectiveness. (f) An applicant may request a bobwhite quail restoration initiative license plate any time during the applicant's registration period. If a bobwhite quail restoration initiative license plate is to replace a current valid license plate, the department shall issue the bobwhite quail restoration initiative license plate with appropriate decals attached. When an applicant requests a bobwhite quail restoration initiative license plate at the beginning of the registration period, the applicant shall pay the tax together with all applicable fees. (g) Bobwhite quail restoration initiative license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-42. (h) Bobwhite quail restoration initiative license plates shall be issued within 30 days of application. 40-2-49.2. (a) There shall be issued beginning January 1, 2000, special license plates to celebrate the year 2000 and to promote the programs administered under Article 10 of Chapter 5 of Title 49 for children and adolescents with severe emotional problems. The license plate shall be known as the Tear 2000 Children's Plate.' (b) The Department of Revenue shall design special distinctive license plates appropriate to celebrate the year 2000 and to promote care for children and adolescents with severe emotional problems. The Year 2000 Children's Plate shall be of the same size and general design of general issue motor vehicle license plates; and such plates shall include a unique identifying number, whereby the total number of characters does not exceed six, provided that no two recipients receive identical plates. Such design shall 1468 JOURNAL OF THE SENATE prominently display '2000'. Subject to the space limitations of such design, the commissioner by regulation shall require that a county name decal be affixed and displayed on license plates issued under this Code section. (c) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the commissioner has received, through a contract and licensing agreement with an established national or international nonprofit civic club with previously established programs benefiting children and adolescents with severe emotional problems, a contract commitment to support and promote the program, including an obligation to include in the program any other nonprofit civic organization approved by the Board of Human Resources. Such a contract shall provide for the design and promotion of the plate and may be executed by the commissioner in anticipation of the authorization contained in this Code section. The design of the initial edition of the Year 2000 Children's Plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the contract. (d) On or after the effective date of this Code section, any Georgia resident who is the owner of a motor vehicle of less than 14,000 pounds gross vehicle weight, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a special fee of not more than $25.00 in addition to the regular motor vehicle registration fee, shall be issued the license plate authorized herein. Revalidation decals shall, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for the Year 2000 Children's Plates in the same manner as provided for general license plates. (e) 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 special fee 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 programs administered by the Department of Human Resources under Article 10 of Chapter 5 of Title 49 for children and adolescents with severe emotional problems. (f) Upon application and payment of the required fees, the applicant may request a Year 2000 Children's Plate at any time. If the Year 2000 Children's Plate is to replace a current valid plate, the department shall issue the Year 2000 Children's Plate with appropriate decals attached. (g) The Year 2000 Children's Plate shall be transferred between vehicles in accordance with the provisions of Code Section 40-2-80. 40-2-49.3. (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 payment of the regular motor vehicle registration fee and an additional initial fee of MONDAY, MARCH 22, 1999 1469 $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 additional $25.00 annual registration fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. (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." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Gillis of the 20th, Hooks of the 14th, Land of the 16th and Bowen of the 13th offered the following amendment: Amend the Senate Finance and Public Utilities Committee substitute to HB 855, such bill being designated LC 21 5554S, by inserting at the end of line 13 of page 1 the following: "provide for a report of receipts and expenditures; to". By inserting immediately following line 5 of page 4 the following: "(i) The Department of Natural Resources shall submit a report to the chairpersons of the Senate Natural Resources Committee and the House Committee on Game, Fish and Parks detailing the receipt and expenditure of all appropriated funds and all funds received from the sale of bobwhite quail restoration initiative license plates as provided by this Code section to promote quail restoration. Such report shall be made not later than the second Monday of January of each year." On the adoption of the amendment, the yeas were 43, nays 0, and the Gillis, et al. amendment was adopted. Senator Madden of the 47th offered the following amendment: Amend the committee substitute to HB 855 by striking "Article 2 of on lines 1 and 31 of page 1. By striking "generally" on lines 3 and 33 of page 1. 1470 JOURNAL OF THE SENATE By striking lines 23 through 27 of page 1 and inserting in lieu thereof "to provide for legislative intent; to change certain provisions relating to special license plates for firefighters; to repeal conflicting laws; and for other". By redesignating Section 2 as Section 3 and inserting between lines 39 and 40 of page 6 the following: "SECTION 2. Said chapter is further amended by striking subsections (b) and (e) of Code Section 40-278, relating to special license plates for firefighters, and inserting in lieu thereof the following: '(b)(l) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. (2) Should a certified firefighter who has been issued a special and distinctive license plate be separated from such firefighter's department for any reason other than retirement from employment, the chief of such fire department shall obtain the separated member's license plate at the time of the separation and shall forward same to the commissioner along with a certificate to the effect that such person has been separated, and thereupon the commissioner shall reissue a regular license plate, at no additional charge, to such former certified firefighter to replace the special and distinctive plate. Should a certified firefighter return to service with the same or another fire department, the chief of such fire department shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has become a member of the fire department, and the effective date thereof, whereupon the commissioner shall, upon application and upon the payment of a $25.00 manufacturing fee and all other applicable registration and licensing fees at the time of registration, reissue a special and distinctive license plate to such new member to replace the returned regular plate. Upon such request for a change in plate for a certified firefighter who is separated from a fire department, the chief of the fire department shall furnish such member with a copy of the chiefs letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. (3) Motor vehicle owners who were firefighters certified pursuant to Article 1 of Chapter 4 of Title 25, were members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25, and who retired from employment as such shall continue to be eligible for the firefighter license plates issued under this Code section the same as if they continued to be certified and employed as firefighters. Whenever such a certified firefighter who has been issued a special and distinctive license plate is retired from employment with such firefighter's department, the chief of such fire department shall forward to the commissioner a certificate to the effect that such person has been retired.' '(e) The piuvisiona uf this Cude section shall also apply Lu certified fiiefighlmis uf vul- uf Title 20.'". On the adoption of the amendment, the yeas were 39, nays 0, and the Madden amendment was adopted. Senators Cable of the 27th and Williams of the 6th offered the following amendment: MONDAY, MARCH 22, 1999 1471 Amend the Senate Finance and Public Utilities Committee substitute to HB 855 (LC 21 5554S) by striking "Support" and inserting in its place "Choose" on line 21 of page 1 and line 9 of page 6. On the adoption of the amendment, the yeas were 43, nays 0, and the Cable, Williams amendment was adopted. On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee 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, as amended, by the requisite constitutional majority the following bills of the Senate: SB 110. By Senators Walker of the 22nd, Tate of the 38th, Jackson of the 50th and others: A bill to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Temporary Assistance for Needy Families Act," so as to change the provision relating to eligibility for assistance for qualified aliens. SB 222. By Senators Thompson of the 33rd, Golden of the 8th, Tanksley of the 32nd and others: 1472 JOURNAL OF THE SENATE A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to enact the "Workforce Reinvestment Act of 1999"; to provide for a new employer rate of contributions; to repeal the drug-free workplace tax reduction; to extend certain sunset provisions; to extend the sunset provisions of benefit experience and variations from standard rate. The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate: 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 Annotated, relating to taxation of coin operated amusement machines, so as to provide 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. The Calendar was resumed. 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. Senate Sponsor: Senator Price of the 28th. Senators Starr of the 44th and Price of the 28th offered the following amendment: Amend HB 558 by inserting on line 14 of page 4, immediately following the designation "(4.6)", the designation "(A)". By striking the quotation marks at the end of line 36 of page 5 and by inserting immediately following such line the following: "(B) Notwithstanding any other provision of this subparagraph, a municipality which, on and before July 1, 1999, was authorized by the provisions of this Code section to levy a tax at a rate of 5 percent shall, on and after such date, be authorized to levy and collect a tax under this Code section at a rate of 6 percent. A municipality levying a tax pursuant to this subparagraph shall expend, in each fiscal year during which the tax is collected under this subparagraph, an amount equal to the amount by which the total taxes collected under this subparagraph exceed the taxes which would have been collected at the rate of 5 percent for the purpose of dispensing information about the qualities of such municipality and promoting business in the municipality and to acquire for such use a building located in an area of high density retail businesses within the limits of such municipality. During any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this subparagraph, and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this subparagraph shall not be diminished or impaired by the state, and no county or municipality levying the tax imposed by this subparagraph shall cease to levy the tax in any manner that will impair the interest and rights of the hold- MONDAY, MARCH 22, 1999 1473 ers of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a convention center authority, shall constitute a contract with the holder of such obligations.'" On the adoption of the amendment, the yeas were 34, nays 0, and the Starr, Price of the 28th amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith 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. The bill, having received the requisite constitutional majority, was passed as amended. HE 425. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st: A resolution creating the Governor's Education Reform Study Commission. Senate Sponsor: Senator Thompson of the 33rd. 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 Hecht Y Hill Y Hooks Huggins Y Jackson Y James Y Johnson.D 1474 JOURNAL OF THE SENATE Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr 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 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following bill was taken up to consider House action thereto: SB 128. By Senator Madden of the 47th: A bill to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisitions and dispositions of hospitals, so as to change the provisions relating to definitions; to provide for an effective date. The House substitute was as follows: A BILL To be entitled an Act to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisitions and dispositions of certain hospitals, so as to change the provisions relating to definitions; to provide an exemption for the renewal of certain leases; to change the provisions relating to fines; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisitions and dispositions of hospitals, is amended by striking paragraphs (2) and (5) of Code Section 31-7-400, relating to definitions, and inserting in their respective places the following: "(2) 'Acquisition' means a purchase or lease by an acquiring entity of the assets of a hospital which is owned, controlled, or operated by a nonprofit corporation and which meets one or more of the following conditions: (A) Constitutes a purchase or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; or (B) Constitutes a purchase or lease which, when combined with one or more transfers between the same or related parties occurring within a five-year period, constitutes a purchase or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; provided, however, that an acquisition does not include the restructuring of a hospital owned by a hospital authority involving a lease of assets to any not for profit or for profit entity which has a principal place of business located in the same county where the main campus of the hospital in question is located and which is not owned, in whole or in part, or controlled by any other for profit or not for profit en- MONDAY, MARCH 22, 1999 1475 tity whose principal place of business is located outside such county; provided, further, that an acquisition does not include a restructuring of a nonprofit health system involving the purchase or lease of the assets of a hospital controlled as of March 1, 1999, by the health system's nonprofit parent corporation by another nonprofit entity which is both exempt from federal income taxation and controlled by the same nonprofit parent corporation." "(5) 'Disposition' means a sale or lease of the assets of a hospital which is owned, controlled, or operated by a nonprofit corporation to an acquiring entity which meets one or more of the following conditions: (A) Constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; or (B) Constitutes a sale or lease which, when combined with one or more transfers between the same or related parties occurring within a five-year period, constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; provided, however, that a disposition does not include the restructuring of a hospital owned by a hospital authority involving a lease of assets to any not for profit or for profit entity which has a principal place of business located in the same county where the main campus of the hospital in question is located and which is not owned, in whole or in part, or controlled by any other for profit or not for profit entity whose principal place of business is located outside such county; provided, further, that a disposition does not include a restructuring of a nonprofit health system involving the sale or lease of the assets of a hospital controlled as of March 1, 1999, by the health system's nonprofit parent corporation to another nonprofit entity which is both exempt from federal income taxation and controlled by the same nonprofit parent corporation." SECTION 2. Said article is further amended by striking Code Section 31-7-409, relating to prospective operation of the article, and inserting in its place the following Code section: "31-7-409. (a) Any transaction completed before October 31, 1997, or any transaction that is subject to a pending definitive agreement as of October 31, 1997, and which is either conditioned only upon receipt of regulatory approval, or is subject to a pending judicial proceeding as of April 1, 1997, is not subject to the requirements of this article. (b) Any lease which is exempted from the operation of this article pursuant to subsection (a) of this Code section and which contained, on October 31, 1997, an option to renew that lease upon its expiration shall not be subject to this article upon any renewal on or after the date this subsection becomes effective in 1999." SECTION 3. Said article is further amended by striking Code Section 31-7-412, relating to fines, and inserting in its place the following: "31-7-412. (a) Any disposition or acquisition of assets made in violation of the notice, disclosure, and certification requirements of this article shall be null and void, and each uiembei ul lliti guvcimug uuiiico ctxiu tlic ulilcl cjLci*ul>ivt: ulliiici& ul Llic ^JUL lies Llid c Lu nonprofit entity and acquiring entity engaging in such disposition or acquisition shall be subject 1476 JOURNAL OF THE SENATE to a fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the unlawful disposition or acquisition. (b) Any person knowingly and willfully making a false statement in a certification under Code Section 31-7-403 or subsection (b) of Code Section 31-7-405, in addition to any criminal penalty which may be imposed pursuant to Code Section 16-10-71, shall be subject to a civil fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the date of the certification." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Madden of the 47th moved that the Senate agree to the House substitute as amended by the following amendment: Amend the substitute (LC 21 5512S) to SB 128 by adding after "definitions;" on line 4 of page 1 the following: "to amend Code Section 31-7-89.1, subjecting the sale or lease of assets of a hospital owned or operated by a hospital authority to the requirements of Article 15 of Chapter 7 of Title 31, so as to provide an exemption and to change the provisions regarding the location of hospital authority projects;". By adding between lines 3 and 4 of page 4 the following: "SECTION 3.1. Code Section 31-7-89.1 of the Official Code of Georgia Annotated, relating to the sale or lease of assets of a hospital owned or operated by a hospital authority, is amended by adding at the end new subsections to read as follows: '(c) Notwithstanding the provisions of subsection (b) of this Code section, the sale or lease of assets of a hospital owned or operated by a hospital authority to another hospital authority whose area of operation is a county contiguous to the county in which is located the hospital whose sale or lease is proposed shall not be subject to the requirements of Article 15 of this chapter. (d) Notwithstanding any other provision of this article to the contrary, a hospital authority which is located in a county having a population of 50,000 or fewer, according to the United States decennial census of 1990 or any future such census, may locate a project outside that hospital authority's area of operation if such location is in a county which is contiguous to the county of such hospital authority's area of operation.'" On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts MONDAY, MARCH 22, 1999 1477 Y Dean Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Harbison Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Walker Y Williams On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute as amended by the Senate. The Calendar was resumed. HB 432. By Representatives Rogers of the 20th and Murphy of the 18th: A bill to amend Code Section 46-5-27 of the Official Code of Georgia Annotated, relating to prohibited telephone solicitation of objecting residential telephone subscribers, so as to provide that such prohibition shall not apply to certain calls by certain persons engaged in certain businesses. Senate Sponsor: Senator Harbison of the 15th. Senator Harbison of the 15th asked unanimous consent that HB 432 be dropped to the foot of the Calendar. The consent was granted, and HB 432 was placed at the foot of the Senate Rules Calendar for today. 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 Annotated, relating to ad valorem taxation of bona fide conservation use property, so as to provide for additional types of qualified owners. Senate Sponsor: Senator Dean of the 31st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y 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 Y Kemp Y Ladd 1478 JOURNAL OF THE SENATE Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Scott Y Smith 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 52, nays 0. The bill, having received the requisite constitutional majority, was passed. 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 definitions; to change certain provisions relating to administration of the Driver Improvement Program. Senate Sponsor: Senator Marable of the 52nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Meyer von Bremen Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith 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 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 779. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st: MONDAY, MARCH 22, 1999 1479 A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to enact the "Workforce Reinvestment Act of 1999"; to provide for a new employer rate of contributions; to repeal the drug-free workplace tax reduction; to extend certain sunset provisions. Senate Sponsor: Senator Thompson of the 33rd. The Senate Finance and Public Utilities Committee offered the following amendment: Amend HB 779 by striking from line 16 on page 13 where it first appears the word "rate" and inserting in lieu thereof the word "date". By striking from line 21 on page 13 the following: "Reduction", and inserting in lieu thereof the following: "Increase". By striking from line 37 on page 13 the following: "When", and inserting in lieu thereof the following: "Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when". On the 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 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 Stephens Y Stokes Y Streat Y Tanksley Y Tate Thomas,D Thomas.N Y Thompson Walker Y Williams On the passage of the bill, the yeas were 52, nays 0. 1480 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed as amended. The following communication was received by the Secretary: I missed voting on HB 779 and would have voted yes. The Calendar was resumed. /s/ Don Thomas, 54th 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 Annotated, 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 support 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. Senate Sponsor: Senator Stephens of the 51st. Senator Burton of the 5th offered the following amendment: Amend HB 230 by striking line 3 of page 1 and inserting in lieu thereof the following: "Chapters 6, 9, and 11 of Title 19 of the Official Code of. By striking line 5 of page 1 and inserting in lieu thereof the following: "generally, child custody, and enforcement of the duty to support,". By striking line 17 of page 1 and inserting in lieu thereof the following: "hearings and appeals; to provide that in child custody proceedings a court shall not refuse to consider otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence; to authorize ordering supervised visitation; to provide for an effective date; to". By inserting between line 1 and line 2 of page 3 the following: "Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody, is amended in Code Section 19-9-1, relating to determination of child custody, by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following: '(2) In addition to other factors that a court may consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence: (A) The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence; (B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; and (C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of custody determination:; and MONDAY, MARCH 22, 1999 1481 (D) The court shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. The court may, in addition to other appropriate actions, order supervised visitation pursuant to Code Section 19-9-7.' SECTION 4. Said chapter is further amended in Code Section 19-9-3, relating to determination of child custody, by striking paragraph (3) of subsection (a) and inserting in lieu thereof the following: '(3) In addition to other factors that a court may consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence: (A) The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence; (B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; and (C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of custody determination:; and (D) The court shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. The court may, in addition to other appropriate actions, order supervised visitation pursuant to Code Section 19-9-7.' SECTION 5." By renumbering Sections 4, 5, and 6 as Sections 6, 7, and 8, respectively. 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, 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 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 1482 JOURNAL OF THE SENATE Y Starr Y Stephens Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 713. By Representatives Wix of the 33rd, Harrell of the 62nd, Trense of the 44th and others: A hill to amend an Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, establishing the State Children's Trust Fund and the State Children's Trust Fund Commission, so as to change the date of repeal of such Act. Senate Sponsor: Senator Kemp of the 3rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Fort Y Gillis Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts 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 51, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 289. By Representative Jamieson of the 22nd: A bill to amend Code Section 40-14-2 of the Official Code of Georgia Annotated, 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 employed by such applicant; to authorize the use of speed detection devices by registered or certified peace officers. Senate Sponsor: Senator Streat of the 19th. 1483 .*,,. -..-- ~-.._ new g^ff; c"nty, mUn^:Lfe*t?Wr'*- - ~~^----.evices." --------. 1484 JOURNAL OF THE SENATE Said chapter is further amended by adding a new subsection at the end of Code Section 40-14-11, relating to when use of a speed detection device is presumed to be for revenue purposes, to be designated subsection (d), to read as follows: "(d) There shall be a rebuttable presumption that a law enforcement agency is em ploying speed detection devices for purposes other than the promotion of the public health, welfare, and safety if the fines levied based on the use of speed detection de vices for speeding offenses are equal to or greater than 40 percent of that law enforce ment agency's budget; provided, however, that fines for speeding violations exceeding 17 miles per hour over the established speed limit shall not be considered when calcu lating total speeding fine revenue for the agency." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Blitch of the 7th offered the following amendment: Amend the committee substitute to HB 289 by striking on lines 29-31, page 1 the follow ing: "or allows only peace officers employed full time by the applicant to operate speed detection devices" Senator Blitch of the 7th asked unanimous consent that her amendment be withdrawn. The consent was granted, and the Blitch amendment to the committee substitute was withdrawn. Senators Madden of the 47th, Blitch of the 7th, Cheeks of the 23rd and Kemp of the 3rd offered the following amendment: Amend the committee substitute to HB 289 as follows: On line 29 after week insert on call or on duty. On the adoption of the amendment, the yeas were 46, nays 0, and the Madden, et al. amendment was adopted. On the adoption of the substitute, the President ordered a roll call, and the vote was as follows: N Balfour N Blitch N Bowen Broun, 46th N Brown, 26th Y Brush N Burton Y Butler Cable N Cagle N Cheeks N Crotts Dean Y Egan Fort Y Gillis Gingrey N Golden Y Guhl N Harbison Hecht N Hill N Hooks Y Huggins Y Jackson Y James Y JohnsonJD N Johnson,E N Kemp N Ladd N Lamutt N Land N Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak N Price,R N Price/! Y Ragan N Ray N Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes MONDAY, MARCH 22, 1999 1485 Y Streat N Tanksley Y Tate N Thomas.D Y Thomas,N Y Thompson Walker N Williams On the adoption of the substitute, the yeas were 23, nays 26, and the substitute was lost. Senator Streat of the 19th moved that the Senate reconsider its action in defeating the committee substitute to HB 289. On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate reconsid ered its action in defeating the committee substitute to HB 289. The President set the time for further consideration of HB 289 for 5:00 p.m. The following bills were taken up to consider House action thereto: 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. The House substitute was as follows: A BILL To be entitled an Act to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Offi cial 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 proof of prisoner of war sta tus; to provide for an exemption with respect to certain motor vehicles owned by the spouses of deceased former prisoners of war; to provide for conditions and limitations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended by striking Code Section 48-5-478.1, relating to the exemption of certain motor vehicles owned by former prison ers of war from ad valorem taxation, and inserting in lieu thereof a new Code section to read as follows: "48-5-478.1. (a) As used in this Code section, the term 'prisoners of war' shall have the same meaning as provided for in subsection (a) of Code Section 40-2-73, as amended. (b) Any former prisoner of war who is a citizen and resident of Georgia and who at taches or presents a true copy of a Department of Defense Form 214, a military 201 file, or similar sufficient proof of his or her former prisoner of war status with his or her ad valorem tax return is granted an exemption from all ad valorem taxes for 1486 JOURNAL OF THE SENATE state, county, municipal, and school purposes on the one vehicle such former prisoner 01 W3,r OWnS cHiCl Gil \vlntil &U.uli ^JCi^On duItlcill^ jjl&Ccs tin:! tree CliStiilttiVt; pei dtjiializicu iiceilsi:;pdiltt:;SliCli ^jct sOli feCelveSpUi*c>ll^iilt tO OOCltioeCtiGTl 4\j-Zi t o } II y , wliuoc iluLj? iL ollftll DC tO ^litZjj&L c Llie u^jtiuul suiiiiiiiig vuLiiij^ aj'ibLdiiis tO t3E uscu in tlic uu (111 L^ Or ii i uiiiui^jfLlilj' 3c Llic pi liiiai ics CIIIL! clcut>iOiii3 Lu Uc llc;lu Llicicin. iijadi uusLuulcUl eiiiu uc^iuL^ CuSLuuiciii slicill 1 cCtii v e li uiu Llic tuuilLj' OT iuuinCi|JCiliL^' oui*li uuixx^diDativii ao olilll uc liACll Dy Llic ^uvciiimg autliunt^ ul tlic uuLiiiL^ ui iiiuiiiuipcilit^. t3udi Cuatuuieiii sliall, uiiuci' Llic ui- icOLiun ul tlie ou^jei int/ciiLldil, Mavc ^liai^c 01 aiiu I'c^icsciiL Llic Dti^jci'iiitcililciiL uuiiug u^jLi^tl autaiuiiii^ vuLing B^aLciiis as ici^uncu U^ Llns v^lici^jtci , cinu lie OT alie tiiu Llie ue^jut^ uusLuuiftiis, w liu&e uut^ it Sliall Lje tO asoioL linn Oi lici ill Llie uisuliciige ul liio Oi liei' utiLieo, sliall DCIVC at tlie ^/Ic^suie ul tlic bu^ci'iiiLciiudiL. KaCll uuDtuuiau oliall LaJve tn vjdtli Ol ulliuc li aiiicil Dy Llie oeCi e Lai y \ji oLflLe, wliitli aliall ue lilcil willi Llie eupeiiiiteiiueiil. fc) On or before the third day preceding a primary or election, the superintendent shall have the optical scaimms scanning tabulators tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representa tives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot caids ballots so marked as to record a predetermined num ber of valid votes for each candidate and on each question and shall include for each office one or more ballot caids ballots which are improperly marked and one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the optical scanner scanning tabulator to reject such votes. The optical biamim scanning tabulator shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the scanner tabulator is approved. The SUHfc tcSt cillfl.ll DG 1*tJJifi^u ty tllti S UpcbH.llt/cililt;lit , WltQ S UCli CiGi'fcS cio Liic ill&llci^^i1 u^diiS il&CeSS&i'y rilicill CO Lint liilc itL)St;iiLt;t; u3.1lOLS lullOWlli^ tlic suntue ballots cast in such uuunty 01 muriicipalit^. In those precincts in which vote re corders or optical scanning tabulators are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue his or her receipt therefor. In no event shall the counting of the ballots begin before the polls close. (c) After the close of the polls on the day of the primary or election, a A manager shall then open the outer envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot" in a ballot box reserved for absentee ballots, and shall count the absentee ballots fui (.lie uuuuL^ in Llic meiiilitii' eiei ^ti csi^i lUcu tiuuvts. 111 iiu event sliull Llic uuuiiLing ul Llic ual- luts begin befuiu tht) polls tlube. Such manager with two assistant managers, ap pointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the county or municipality showing the results of the absentee ballots cast in such county or municipality. Any other provision of law to the contrary notwithstanding, if at any primary, general, or special election in any county any question is to be voted on involving any political subdivision which includes less than the entire county, all absentee ballots shall be separated by precinct for counting purposes; and separate returns shall be certified for each precinct in which absentee ballots were cast. (tr)(e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the elector's name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the box; and it shall be counted as other challenged ballots are counted. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge." SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 21-2-480, re lating to the form and captions of optical scanning ballots, and inserting in lieu thereof a new subsection to read as follows: TUESDAY, MARCH 23, 1999 1663 "(b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved: (1) Optical scanners using ovals or squares. To vote blacken the oval or square (______) next to the candidate of your choice. To vote for a person whose name is not on the ballot, manually write his or her name in the write-in section and blacken the oval or square next to the write-in section. If you spoil your ballot, do not erase, but ask for a new ballot. Use only the pen or pencil provided. (2) Optical scanners using arrows. To vote, complete the arrow (______) to the right of the name of the candidate for whom you wish to vote. To vote for a person whose name is not on the ballot, manually write his or her name in the write-in space provided and complete the arrow. If you spoil your ballot, do not erase, but ask for a new ballot. Use only the pen or pencil provided. (3) Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of the persons inserted on the ballot by the elector shall be manually written only within the write-in section and the insertion of such names outside such section or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited." SECTION 4. Said chapter is further amended by striking Code Section 21-2-481, relating to the de sign, size, and stock of optical scanning ballots, and inserting in lieu thereof a new Code section to read as follows: "21-2-481. Ballots in a precinct using optical scanning voting equipment shall be of suitable de sign, size, and stock to permit processing by a tabulating machine and shall be printed in black ink on white or colored material. A serially numbered strip shall be attached to each ballot to be counted by a central count tabulator." SECTION 6. Said chapter is further amended by striking Code Section 21-2-484, relating to the re quirements for ballot recap forms and their delivery, and inserting in lieu thereof a new Code section to read as follows: "21-2-484. Upon completion of voting, the manager shall prepare and sign a ballot recap form, in sufficient counterparts, showing: (1) The number of valid ballots, including any that are damaged; (2) The number of spoiled and invalid ballots; and (3) The number of unused ballots. The manager shall then place one copy of the recap form and the defective, spoiled, and invalid ballots, each enclosed in an envelope, in the ballot container or in the case of counties using a central count tabulating system, in a separate envelope container, along with the voted ballots, which shall be sealed by the manager so that it cannot be opened without breaking the seal. The uidiutgum manager and one poll officer shall then deliver hi the cuhludy uf at least Iwu pull ufllutiis the ballot container and the en velope container, if applicable, to the tabulating machine center or other place desig- 1664 JOURNAL OF THE SENATE nated by the superintendent and shall receive a receipt therefor. The copies of the re cap forms, unused ballots, records, and other materials shall be returned to the designated location." SECTION 6. Said chapter is further amended by striking subsection (a) of Code section 21-2-500, re lating to delivery of voting materials to the clerk of superior court, and inserting in lieu thereof a new subsection to read as follows: "(a) Immediately upon completing the returns required by this article, in the case of elections other than municipal elections, the superintendent shall deliver in sealed containers to the clerk of the superior court or, if designated by the clerk of the supe rior court, to the county records manager or other office or officer under the jurisdic tion of a county governing authority which maintains or is responsible for records, as provided in Code Section 50-18-99, the used and void ballots and the stubs of all bal lots used; one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the superintendent shall deliver copies of the voting machine and vote recorder ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, computer programming decks for ballot tabulation programs, and similar items or an electronic record of the pro gram by which votes are to be recorded or tabulated, which is captured prior to the election, and which is stored on some alternative medium such as a CD-ROM or floppy disk simultaneously with the burning of the PROM or other memory storage device. The clerk, county records manager, or the office or officer designated by the clerk shall hold such ballots and other documents under seal, unless otherwise directed by the su perior court, for at least 24 months, after which time they shall be presented to the grand jury for inspection at its next meeting. Such ballots and other documents shall be preserved in the office of the clerk, county records manager, or officer designated by the clerk until the adjournment of such grand jury, and then they may be destroyed, unless otherwise provided by order of the superior court." SECTION 7. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Fort Y Gillis Y Gingrey Y Golden Y Guhl Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Johnson,D Y Johnson,E Kemp Y Ladd Y Lamutt Y Land Y Lee TUESDAY, MARCH 23, 1999 1665 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 Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Walker Y Williams On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 627. By Representatives Greene of the 158th, Stanley-Turner of the 50th, Ray of the 128th and others: A bill to amend Code Section 48-5-183 of the Official Code of Georgia Anno tated, relating to minimum salaries of tax collectors and tax commissioners, so as to provide for additional increases in compensation. Senate Sponsor: Senator Hill of the 4th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour 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 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 Smith Starr Y Stephens 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 47, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 636. By Representative Lucas of the 124th: 1666 JOURNAL OF THE SENATE A bill to amend Chapter 56 of Title 33 of the Official Code of Georgia Anno tated, relating to risk-based capital levels for insurers, so as to allow the Com missioner to exempt certain insurers from the burdens of the chapter; to clar ify the issue of extraterritorial jurisdiction. Senate Sponsor: Senator Golden of the 8th. The Senate Insurance and Labor Committee offered the following amendment: Amend HB 636 (LC 25 1354S) by inserting between lines 19 and 20 of page 1 the following: "(1) Meets all three of the following criteria:". By striking "(1)" on line 20 of page 1 and inserting in lieu thereof "fr) (A)". By striking "(2)" on line 21 of page 1 and inserting in lieu thereof "(2) (B)". By striking "and" on line 22 of page 1 and inserting in lieu thereof "and". By striking "(3)" on line 23 of page 1 and inserting in lieu thereof "(3) (C)". By striking "(4)" on line 25 of page 1 and inserting in lieu thereof "{4} (2)". On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Blitch 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 Huggins Y Jackson 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 Smith Y Starr Y Stephens Y Stokes Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Walker Y Williams On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 677. By Representatives Holland of the 157th, Byrd of the 170th, Holmes of the 53rd and others: TUESDAY, MARCH 23, 1999 1667 A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Geor gia Annotated, relating to the State Merit System of Personnel Administration generally, so as to change the grievance system for classified employees. Senate Sponsor: Senator Madden of the 47th. Senator Madden of the 47th offered the following substitute to HB 677: A BILL To be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration gen erally, so as to change the grievance system for classified employees; to provide for defi nitions; to provide what employment actions shall be the subject of grievances; to pro vide for a uniform four-step grievance filing procedure to be implemented by rules of the State Personnel Board; to provide for monitoring, determining, and compelling of compli ance; to provide for notice to employees, reports, mediation, appeals, group grievances, employee spokespersons, continuances, granting of relief for failure to provide a timely decision or response, and termination of the grievance for failure to appeal; to provide for disciplinary action for retaliation, harassment, or false or misleading information; to authorize different procedures for unlawful discrimination complaints; to provide for re lated matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, is amended by inserting a new Code section at the end thereof to be designated Code Section 45-20-21 to read as follows: "45-20-21. (a) As used in this Code section, the term: (1) 'Covered employee' or 'employee' means all employees of all state departments and authorities except the following officers and employees: (A) Members of the General Assembly; (B) Persons elected or appointed by the General Assembly, employees of the Gen eral Assembly, officials and employees of the Department of Audits and Accounts, and employees of the legislative counsel, except as otherwise provided; (C) Officers, officials, and employees comprising the office of the Governor and all employees of the Office of Planning and Budget in the position classification policy coordinator; (D) Officers, officials, and employees comprising the office of the Lieutenant Gov ernor, except as otherwise provided; (E) Officers and officials elected by popular vote and persons appointed to fill va cancies in elective offices; (F) Members of boards and commissions appointed by the Governor or the Gen eral Assembly; (G) The heads of departments or agencies appointed by boards or commissions which have been appointed by the Governor or the General Assembly, except where specifically included; (H) Justices, judges, officials, officers, and employees of the judicial branch; 1668 JOURNAL OF THE SENATE (I) Members, the chancellor, and vice chancellors of the Board of Regents of the University System of Georgia and all officers, officials, and employees of the Uni versity System of Georgia; (J) The officers, officials, and employees of the Department of Law; (K) A deputy or a confidential secretary when one is required hy the head of a de partment, provided that the commissioner shall prescribe the conditions under which more than one deputy may be excluded; (L) Not more than five positions designated by the head of each department, bu reau, commission, or agency, including those assigned for administrative purposes only; (M) Members of the military forces of the state while engaged in military service; (N) Members of unemployment compensation boards of review and appeals tribu nals representing employer, employee, and the general public interest; (O) State and local officials serving ex officio or emeritus and performing inciden tal duties; (P) Members of other advisory councils, committees, or similar bodies within the state merit system; (Q) Part-time or temporary employees rendering medical, nursing, or other profes sional, scientific, or technical services but who are not engaged in the performance of administrative duties; (R) Prisoner, inmate, student, or patient help working in or about institutions; (S) Per diem employees engaged in skilled or unskilled work on a seasonal or in termittent basis; (T) Commission and contract salesmen and hourly or per diem skilled and un skilled laborers working at the Georgia Industries for the Blind; (U) Positions of a purely policy-making or confidential nature as recommended by the department head and approved by the Governor after consultation with the commissioner; (V) Time-limited positions established for the purpose of conducting a specific study, investigation, or project; (W) Additional positions of unique functions as may be authorized by the commissioner; (X) Positions in the class Major assigned to the Uniform Division of the Depart ment of Public Safety; (Y) The employees in the positions in the job classification of 'Clerk, Contingency" in the Department of Labor who are paid on an hourly basis; (Z) The officers, officials, and employees of postsecondary technical schools which are operated by the Department of Technical and Adult Education; (AA) The officers, officials, and employees of state schools which are operated by the State Board of Education; and (BB) Any other position upon the recommendation of the head of the department and the approval of the Governor. TUESDAY, MARCH 23, 1999 1669 (2) 'Grievance' means a claim initiated by an employee alleging that the employee's personal employment has been affected by adverse employment decisions or condi tions due to unfair treatment; unsafe or unhealthful working conditions; a perform ance rating which directly results in the denial of a salary increase; erroneous or ca pricious interpretation or application of department policies and procedures or the rules of the State Personnel Board; a violation of state or federal law; or allegations of unlawful discrimination because of race, color, sex, national origin, disability, age, or religious or political opinions or affiliations; and such other actions or conditions the board may provide by rule or regulation. (b) The State Personnel Board shall adopt rules regarding employee grievances to pro vide for a grievance filing procedure which shall be uniform throughout state govern ment for covered employees unless exempted in subsection (a) of this Code section. The state merit system shall monitor, determine, and compel compliance with such grievance procedure by the departments of state government. The commissioner of the state merit system shall submit an annual report outlining departmental compli ance with this Code section to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and appropriate standing committees of the Senate and the House of Representatives. (c) State Personnel Board rules shall require the departments to post a notice outlin ing the grievance procedures and the employee's right to file a grievance. (d) The rules of the State Personnel Board regarding employee grievances shall pro vide for: (1) The initiation of a written grievance; (2) Time periods relating to the grievance procedure; (3) An initial determination if the matter complained of is a grievable matter; (4) A decision by the agency involved whether to grant the relief requested, contest the grievance, or refer the grievance to mediation; (5) Procedures for hearing contested grievances; (6) Hearing panel to hear contested grievances; (7) A prohibition of supervisory employees, aggrieved employees, participants in a group grievance, and witnesses or other persons named or referred to in the written grievance from serving on the hearing panel; (8) A written recommendation for resolution of the grievance by the hearing panel; (9) An appeal to the head of the department by the aggrieved employee or manage ment of the recommended resolution by the hearing panel; (10) A final agency decision; and (11) An appeal to the State Personnel Board for claims of violations of the board's rules. (e) The rules of the State Personnel Board shall provide for group grievances and shall allow another employee of the same department to act as the grievant's spokes person and shall provide for allowances to the grievant and any spokesperson of prep aration time for the grievance during regular work hours. (f) No state officer, supervisor, management representative, or employee shall know ingly supply false or misleading information in a grievance or attempt to harass, in timidate, or retaliate against any employee, state officer, supervisor, or management 1670 JOURNAL OF THE SENATE representative as a result of the action in filing or processing a grievance or providing testimony or evidence regarding a grievance. Any violation of this subsection shall subject the offending party to disciplinary action. The State Personnel Board shall adopt procedures to investigate claims of and impose disciplinary sanctions for viola tions of this subsection. (g) Departments may institute procedures designed specifically for unlawful discrimi nation complaints and may process grievances alleging unlawful discrimination ac cording to such procedures or according to the grievance procedure provided for in this Code section. State Personnel Board rules shall require that the grievant in such cases be given an opportunity to provide information relative to the complaint and, upon request, to receive information regarding the status of the complaint. At the conclusion of the investigation, the employee will be notified in writing of the decision and of any available alternatives. (h) The State Personnel Board shall adopt rules to implement the provisions of this Code section pertaining to, but not limited to, nongrievable matters, group grievances, mediation, training requirements of persons associated with the grievance process, and necessary reporting procedures and requirements. (i) The Governor is authorized to direct the State Personnel Board by executive order to incorporate additional provisions into the uniform grievance procedures for state employees set forth herein not inconsistent with the provisions of this Code section. (j) The General Assembly reserves to itself the authority to review and revise the grievance procedure and rules adopted pursuant to this Code section by subsequently adopted legislation." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Madden of the 47th asked unanimous consent that his substitute be withdrawn. The consent was granted, and the substitute was withdrawn. Senator Madden of the 47th offered the following amendment: Amend HB 677 by striking line 28 of page 1 through line 24 of page 5 and inserting in lieu thereof the following: "(1) 'Covered employee' or 'employee' means all employees of all state departments and authorities except the following officers and employees: (A) Members of the General Assembly; (B) Persons elected or appointed by the General Assembly, employees of the Gen eral Assembly, officials and employees of the Department of Audits and Accounts, and employees of the legislative counsel, except as otherwise provided; (C) Officers, officials, and employees comprising the office of the Governor and all employees of the Office of Planning and Budget in the position classification policy coordinator; (D) Officers, officials, and employees comprising the office of the Lieutenant Gov ernor, except as otherwise provided; (E) Officers and officials elected by popular vote and persons appointed to fill va cancies in elective offices; TUESDAY, MARCH 23, 1999 1671 (F) Members of boards and commissions appointed by the Governor or the Gen eral Assembly; (G) The heads of departments or agencies appointed by boards or commissions which have been appointed by the Governor or the General Assembly, except where specifically included; (H) Justices, judges, officials, officers, and employees of the judicial branch; (I) Members, the chancellor, and vice chancellors of the Board of Regents of the University System of Georgia and all officers, officials, and employees of the Uni versity System of Georgia; (J) The officers, officials, and employees of the Department of Law; (K) A deputy or a confidential secretary when one is required by the head of a de partment, provided that the commissioner shall prescribe the conditions under which more than one deputy may be excluded; (L) Not more than five positions designated by the head of each department, bu reau, commission, or agency, including those assigned for administrative purposes only; (M) Members of the military forces of the state while engaged in military service; (N) Members of unemployment compensation boards of review and appeals tribu nals representing employer, employee, and the general public interest; (O) State and local officials serving ex officio or emeritus and performing inciden tal duties; (P) Members of other advisory councils, committees, or similar bodies within the state merit system; (Q) Part-time or temporary employees rendering medical, nursing, or other profes sional, scientific, or technical services but who are not engaged in the performance of administrative duties; (R) Prisoner, inmate, student, or patient help working in or about institutions; (S) Per diem employees engaged in skilled or unskilled work on a seasonal or in termittent basis; (T) Commission and contract salesmen and hourly or per diem skilled and un skilled laborers working at the Georgia Industries for the Blind; (U) Positions of a purely policy-making or confidential nature as recommended by the department head and approved by the Governor after consultation with the commissioner; (V) Time-limited positions established for the purpose of conducting a specific study, investigation, or project; (W) Additional positions of unique functions as may be authorized by the commissioner; (X) Positions in the class Major assigned to the Uniform Division of the Depart ment of Public Safety; (Y) The employees in the positions in the job classification of 'Clerk, Contingency" in the Department of Labor who are paid on an hourly basis; (Z) The officers, officials, and employees of postsecondary technical schools which are operated by the Department of Technical and Adult Education; 1672 JOURNAL OF THE SENATE (AA) The officers, officials, and employees of state schools which are operated by the State Board of Education; and (BB) Any other position upon the recommendation of the head of the department and the approval of the Governor." On the adoption of the amendment, the yeas were 35, nays 0, and the Madden 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: N Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th N Brush Y Burton Y Butler Cable N 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 Muggins Y Jackson James Johnson.D N Johnson,E Y Kemp Y Ladd N Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen N Perdue Y Polak N Price,R Y Price,T Y Ragan N Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat N Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Walker Y Williams On the passage of the bill, the yeas were 42, nays 10. The bill, having received the requisite constitutional majority, was passed as amended. HB 782. By Representatives Martin of the 47th, Walker of the 141st, Parrish of the 144th and others: A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the advertisement of judicial sales, so as to change the requirements for publication of notices of sales of property by the sheriff, coroner, or other official of a county; to change the requirements for es tablishment of the official organ of publication. Senate Sponsor: Senator Madden of the 47th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th N Brown, 26th Y Brush Y Burton Y Butler Cable Y Cagle Y Cheeks Y Crotts TUESDAY, MARCH 23, 1999 1673 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 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 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 48, nays 1. The bill, having received the requisite constitutional majority, was passed. HB 788. By Representatives Rice of the 79th, Holland of the 157th, Randall of the 127th and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to required life insur ance policy provisions; to change certain provisions relating to standard provi sions for annuity contracts. Senate Sponsor: Senator Hecht of the 34th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Bowen Y Broun, 46th Y Brown, 26th Brush Y Burton Y Butler 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 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 Thomas,N Y Thompson Walker Y Williams 1674 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Egan of the 40th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price.R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Thomas, N 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. 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. Senate Sponsor: Senator Thomas of the 10th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: TUESDAY, MARCH 23, 1999 1675 N Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable N Cagle Y Cheeks Y Crotts Y Dean Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Hill Y Hooks Y Huggins Y Jackson James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Perdue Y Polak Y Price,R Y Price,T Y Ragan N Ray Roberts Y Scott Y Smith Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Thompson Walker Y Williams On the adoption of the resolution, the yeas were 44, nays 4. The resolution, having received the requisite constitutional majority, was adopted. HR 169. By Representative Rogers of the 20th: A resolution authorizing the conveyance of certain state owned real property located in Hall County. Senate Sponsor: Senator Dean of the 31st. The Senate Finance and Public Utilities Committee offered the following substitute to HR 169: A RESOLUTION Authorizing the conveyance of certain state owned real property located in Douglas County, Georgia; authorizing the conveyance of certain state owned real property located in Hall County, Georgia; authorizing the conveyance of certain state owned real property located in Tattnall County, Georgia; authorizing the conveyance of certain state owned real property in Dougherty County, Georgia; authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned real property reversionary interest to property located in Douglas County, Georgia; authorizing the granting of nonexclusive easements for operation and maintenance of railroad crossings on, over, under, upon, across, or through state owned real property located in Cobb County, Georgia; authorizing the granting of nonexclusive easements for construction and maintenance of ingress and egress in, on, over, under, upon, across, or through state owned real property located in Fulton County, Georgia; authorizing the granting of a nonexclusive easement for operation and maintenance of a railroad siding in, on, over, under, upon, across, or through property owned by the State of Georgia in Hamilton County, Tennessee; authorizing the long-term leasing of certain state owned property in Rabun County, Georgia; authorizing an amendment to a lease of certain state owned real property located in Baldwin County, Georgia; to repeal conflict ing laws; and for other purposes. 1676 JOURNAL OF THE SENATE WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Douglas County, Georgia; (2) Said real properties are all those tracts or parcels of land lying and being in Land Lot 48 of the 1st District, 5th Section of Douglas County identified as Tract "B" and Tract "D" containing a total of approximately 0.99 of one acre as shown on a plat of survey entitled "Timber Ridge Drive Relocation" prepared by Robert T. Arm strong, Georgia Registered Land Surveyor No. 1901, and dated November 21, 1997, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is or will be under the custody of the Department of Technical and Adult Education at its Douglas County Satellite Center of Carroll Technical Institute; (4) Douglas County is realigning a portion of Timber Ridge Drive along a portion of the road frontage of the Douglas County Satellite Center; (5) Said realignment will require the conveyance to Douglas County of approxi mately 0.81 of one acre of state property at the Douglas County Satellite Center which is identified as the above-described Parcel "B"; (6) Douglas County has agreed to convey one-half of the original Timber Ridge Drive right of way, which adjoins state owned property containing approximately 0.18 of one acre to the State of Georgia which is identified as the above-described Parcel "D"; (7) Said realignment will separate approximately 0.19 of one acre of state property from the Campus of the Douglas County Satellite Center; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located hi Hall County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the City of Gainesville, Hall County, and containing approximately 4.1 acres as shown on a plat of survey prepared by Parley, Collins and Associates, dated July 30, 1965, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land sur veyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Juvenile Justice and is the location of the Hall County Regional Youth Development Center; (4) The Department of Juvenile Justice intends to relocate its activities in Hall County to a new location and, once the department has vacated the above-described property, it intends to declare the property surplus to its needs; (5) Hall County has agreed to convey to the state the property for the above-men tioned new location for a consideration of $1.00; (6) Hall County is desirous of acquiring the above-described state owned real prop erty for the purpose of constructing housing for a female work release program to be administered by the Hall County Sheriffs Department; TUESDAY, MARCH 23, 1999 1677 (7) The Hospital Authority of Hall County and the City of Gainesville, Georgia, con veyed the above-described property to the state on May 19, 1966, for the considera tion of $1.00, and the authority has no objection to the above-described state owned real property being conveyed to Hall County; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Tattnall County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 1645th Georgia Militia District of Tattnall County and containing approximately 0.44 of one acre as shown on a plat of survey prepared by Princeton P. Pirkle, Jr., Georgia Registered Land Surveyor No. 1474, dated October 27, 1998, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Corrections at its Geor gia State Prison facility; (4) Ron Bell is the owner of certain real property which adjoins the above-described state owned property, and it has been determined that certain improvements have been constructed on a portion of the said state owned real property, thereby creating an encroachment; (5) Ron Bell is desirous of acquiring the above-described state owned real property in order to remedy the said encroachment; (6) The above-described state owned real property is separated from the main cam pus of Georgia State Prison by Georgia Highway 147, and the Department of Cor rections has no objections to the conveyance of the above-described state owned property in order to remedy the encroachment; and WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Dougherty County, Georgia, which are collectively known as the Albany Nursery, to taling approximately 299 acres; (2) The parcels are described as follows: (A) All those tracts or parcels of land being approximately 291 acres in Land Lot 68 and part of Land Lot 93 of the 2nd District of Dougherty County, Georgia, and approximately five acres in Land Lot 54 of the 2nd District of Dougherty County, Georgia, being more particularly shown on a plat of survey by William Lowe dated January 12, 1955; and (B) All that tract or parcel of land lying and being in Land Lot 361 of the 1st Dis trict of Dougherty County, Georgia, containing approximately three acres, more particularly shown on a plat of survey by Malcolm Burnsed dated December 22, 1975; (3) Together the parcels are currently in the custody of the Department of Natural Resources and are operated by the department's Wildlife Resources Division as a wildlife management area which includes access and facilities for handicapped persons; 1678 JOURNAL OF THE SENATE (4) With only approximately 299 acres, the wildlife management area is too small to allow the inclusion of all of the appropriate outdoors experiences and there is no op portunity for expansion; (5) The department's Wildlife Resources Division desires to purchase, create, and maintain other wildlife management area lands in southwest Georgia for the use of the citizens of Georgia and to provide special facilities for hunting and shooting by handicapped sportsmen and women in wildlife management area lands hi southwest Georgia; (6) In addition, there is a need to provide permanent and adequate electrical service to Ossabaw Island, a unique coastal barrier island owned by the State of Georgia which is in the custody of the Department of Natural Resources and which is also operated by the department's Wildlife Resources Division as a wildlife management area; (7) The department does not currently have sufficient funds available to acquire the new wildlife management area lands or to provide new special facilities for hunting and shooting by handicapped sportsmen and women or to provide permanent and adequate electrical service to Ossabaw Island; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located hi Chatham County, Georgia; (2) Said real property is all that tract or parcel of land lying and being hi the City of Savannah being located in the 6th Georgia Militia District of Chatham County and containing approximately 12.13 acres as shown on a plat of survey prepared by Paul D. Wilder, Georgia Registered Land Surveyor No. 1559, dated October 29, 1996, and on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia registered land sur veyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Defense and is the loca tion of the Air National Guard Armory for Chatham County; (4) The Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that at some point in the future the sub ject property may be declared surplus; (5) The Chatham County Board of Commissioners conveyed the above-described property to the state on February 6, 1956, for the consideration of $1.00; (6) The Chatham County Board of Commissioners is desirous of acquiring the above-described state owned property for public use if the property is declared surplus; (7) Chatham County has agreed to construct a new armory facility for the Depart ment of Defense at no expense to the state; and WHEREAS: (1) Pursuant to Resolution Act 56, H.R. 271, approved April 29, 1997 (Ga. L. 1997, p. 1250), the State of Georgia owns a reversionary interest in a certain parcel of real property located in Douglas County, Georgia; (2) Said real property, to which the State of Georgia owns a certain real property reversionary interest, is all that tract or parcel of land lying and being in original Land Lot 98 of the 2nd District, 5th Section of Douglas County and being two acres TUESDAY, MARCH 23, 1999 1679 in the northwest corner of the tract described in the deed from C.F. McGouirk to L.A. Moody and J.C. Moody dated July 25, 1945, recorded in Deed Book 8, page 244, Douglas County records; (3) Douglas County conveyed the above-described property to the state on August 11, 1959, for the consideration of $1.00; (4) Said property was under the custody of the Georgia Forestry Commission and is the location of the Douglas County Forestry Unit; (5) The Georgia Forestry Commission has consolidated many of its functions throughout state; (6) Douglas County agreed to accept the responsibility of fire suppression in Doug las County; (7) Douglas County was desirous of obtaining the subject property in order to pro vide said services; (8) By resolution dated February 13, 1996, the Georgia Forestry Commission de clared the subject property surplus to its needs; (9) Pursuant to said 1997 Resolution Act 56, H.R. 271, the State of Georgia exe cuted a quitclaim deed conveying the subject property to Douglas County for a con sideration of $1.00, so long as the property is used for public purposes; (10) Said quitclaim deed was delivered to Douglas County on or about January 7, 1997; (11) Douglas County has notified the State Properties Commission that the rever sionary interest in the subject property may affect the ability of Douglas County to exchange the subject property for other property which Douglas County desires to acquire in order to locate a new fire station thereon; and WHEREAS: (1) The State of Georgia is the owner of certain real property located in Cobb County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lot 33 of Cobb County, Georgia, and is more particularly described as follows: That portion and that portion only as shown in yellow on Cobb County Depart ment of Transportation right of way plans prepared by ICF Kaiser Engineers Group and on file in the offices of the State Properties Commission", and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Cobb County desires to operate and maintain railroad crossings in, on, over, under, upon, across, or through a portion of said property; (4) These railroad crossings in, on, over, under, upon, across, or through the abovedescribed state property have been requested of and approved by the State Proper ties Commission with respect to property under the jurisdiction of the commission; and WHEREAS: (1) The State of Georgia is the owner of certain real property located in Fulton County, Georgia; 1680 JOURNAL OF THE SENATE (2) Said real property is all that tract or parcel lying and being in Land Lot 89 of the 14th District of Fulton County, Georgia, and is more particularly described as follows: "That portion and that portion only as shown marked in yellow on a plat of sur vey entitled Access Easement dated October 8, 1998 and prepared by V.T. Hammond, and on file in the offices of the State Properties Commission", and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The Board of Regents of the University System of Georgia desires to construct and maintain ingress and egress, in, on, over, under, upon, across, or through a por tion of said property; (4) This ingress and egress in, on, over, under, upon, across, or through the abovedescribed state property has been requested of and approved by the State Properties Commission and Department of Technical and Adult Education, with respect to property under the jurisdiction of their respective agencies; and WHEREAS: (1) The State of Georgia is the owner of certain real property located in Hamilton County, Tennessee; (2) Said property is a portion of the Western and Atlantic Railroad right of way and may be within the bounds of those rights of way currently leased by the state to CSX Transportation; (3) The Norfolk Southern Corporation is the owner of railroad right of way adjoining said property; (4) Seaboard Farms Inc., a Georgia based company, adjoins the Norfolk Southern Corporation right of way and is desirous of expanding its facilities; (5) The Norfolk Southern Corporation has agreed to relocate its existing rail line to the state owned right of way in order to accommodate Seaboard Farms Inc. in its ex pansion; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Rabun County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 184 of the 13th Land District of Rabun County, Georgia, containing 4.071 acres and being more particularly shown as Tract 1 on a plat of survey by V.T. Hammond dated December 5, 1993, which said plat is recorded in Plat Book 34 at page 154 in the real property records of Rabun County, Georgia; (3) The said parcel is in the custody of the Department of Natural Resources and is held by the department's Division of Parks, Recreation, and Historic Sites as a part of Tallulah Falls State Park but is not operated as a part of the interpretation of the said park; and WHEREAS: (1) The State of Georgia is the owner of a certain tract of real property located in Baldwin County, Georgia; TUESDAY, MARCH 23, 1999 1681 (2) Said real property is all that tract or parcel of land lying and being in the 1st Land District, 319th General Militia District of Baldwin County, and containing ap proximately 205 acres as shown on a plat of survey prepared by R.E. Ogletree, Geor gia Registered Land Surveyor No. 902, dated December, 1970, and being on file in the offices of the State Properties Commission; (3) As authorized by Resolution Act 45, H.R. 77-212, approved April 13, 1971 (Ga. L. 1971, p. 820), said property was leased to the Milledgeville-Baldwin County Rec reation Commission effective November 19, 1971, and said lease was assigned to Baldwin County effective January 24, 1994; (4) No provision was included in the above-stated lease agreement allowing for the harvesting of timber on the leased property; (5) Baldwin County is desirous of harvesting the timber on a portion of the leased property in order to make certain capital improvements to the property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEM BLY OF GEORGIA: ARTICLE I SECTION 1. That the State of Georgia is the owner of the above-described real properties located in Douglas County and that in all matters relating to the conveyance of the real properties the State of Georgia is acting by and through its State Properties Commission. SECTION 2. That the above-described real property identified as Parcel "B" may be conveyed by ap propriate instrument to Douglas County by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $10.00 so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 3. That all or a portion of the above-described real property in Douglas County identified as Parcel "D" and the above-described real property separated from the main campus of the Douglas County Satellite Center of Carroll Technical Institute may be sold by com petitive bid for a consideration of the fair market value of such property as determined to be in the best interests of the State of Georgia by the State Properties Commission or may be exchanged for property or properties of an equal value as determined to be in the best interests of the State of Georgia as determined by the State Properties Commis sion; provided, however, that all or a portion of the above-described real property may be sold to a city, county, school board, or other public entity, which shall include develop ment authorities, for not less than the fair market value without the necessity of com petitive bid, and such further consideration and provisions as the State Properties Com mission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 4. That the authorization in this resolution to convey the above-described properties shall expire three years after the date that this resolution becomes effective. SECTION 5. 1682 JOURNAL OF THE SENATE That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 6. That the deeds of conveyance shall be recorded by the grantee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE II SECTION 7. That the State of Georgia is the owner of the above-described real property located in Hall County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 8. That the above-described real property located in Hall County may be conveyed by ap propriate instrument to the Hall County Board of Commissioners by the State of Geor gia, acting by and through the State Properties Commission, after the Department of Ju venile Justice declares the property surplus to its needs and vacates the site for the consideration of $10.00 so long as the property is used for public purposes and such fur ther consideration and provisions as the State Properties Commission shall in its discre tion determine to be in the best interests of the State of Georgia. SECTION 9. That the above-described property shall be used solely for the purpose of housing a fe male work release program to be administered by the Hall County Sheriffs Department. SECTION 10. That the authorization in this resolution to convey the above-described property to the Hall County Board of Commissioners shall expire three years after the date that this resolution becomes effective. SECTION 11. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 12. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE III SECTION 13. That the State of Georgia is the owner of the above-described real property located in Tattnall County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 14. That the above-described real property may be conveyed by appropriate instrument to Ron Bell by the State of Georgia, acting by and through the State Properties Commis sion, for the consideration of the fair market value thereof but not less than $650.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 15. TUESDAY, MARCH 23, 1999 1683 That the authorization in this resolution to convey the above-descrihed property to Ron Bell shall expire three years after the date that this resolution becomes effective. SECTION 16. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 17. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Tattnall County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE IV SECTION 18. That the State of Georgia is the owner of the above-described improved real property lo cated in Dougherty County and that, in all matters relating to the disposition by sale, lease, or exchange of said real property, the State of Georgia is acting by and through its State Properties Commission. In its handling of said disposition by sale, lease, or ex change, the State Properties Commission shall act for the benefit of the Department of Natural Resources in fulfilling the department's above-referenced real property replace ment needs and need to provide permanent and adequate electrical service to Ossabaw Island. Without limiting the foregoing, but by way of illustration, the State Properties Commission may sell, lease, or exchange the above-described real property for considera tions which enable the Department of Natural Resources to acquire other real property, construct and equip replacement facilities, and undertake related activities necessary or convenient thereto. By way of further illustration and notwithstanding Code Sections 45-12-92 and 50-16-144 or any other provision of law, the State Properties Commission may permit any cash consideration received from said dispositions to be retained by the Department of Natural Resources and applied by it to the acquisition, construction, and equipping of such replacement facilities and the provision of permanent and adequate electrical service to Ossabaw Island; and, similarly, any in-kind considerations, includ ing, for example, exchanged real property or construction services, may be applied by the department to its replacement and construction needs. SECTION 19. That the State of Georgia, acting by and through its State Properties Commission, is au thorized and empowered, for the benefit of the Department of Natural Resources, to dis pose of by sale, lease, or exchange, the record title of the State of Georgia in and to the above-described real property located in Dougherty County, Georgia, for a monetary con sideration of not less than the fair market value of said improved real property, subject to the Board of Natural Resources declaring such property to be surplus to the needs of the department, and upon such other terms and conditions as the State Properties Com mission shall determine to be in the best interest of and most advantageous to the State of Georgia and to its Department of Natural Resources. SECTION 20. That the authorization in this resolution to convey the above-described real property shall expire three years after the date that this resolution becomes effective. SECTION 21. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. 1684 JOURNAL OF THE SENATE SECTION 22. That the deed of conveyance of the real property shall be recorded by the grantee in the Superior Court of Dougherty County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE V SECTION 23. That the State of Georgia is the owner of the above-described real property located in Chatham County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 24. That all or a portion of the above-described real property in Chatham County may be conveyed by appropriate instrument to Chatham County by the State of Georgia, acting by and through the State Properties Commission after the Department of Defense de clares all or a portion of the property surplus to its needs, for the consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 25. That the authorization in this resolution to convey the above-described property to Chat ham County shall expire five years after the date that this resolution becomes effective. SECTION 26. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 27. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE VI SECTION 28. That the State of Georgia is the owner of certain reversionary interests in the above-de scribed real property located in Douglas County and that in all matters relating to the conveyance of the real property reversionary interests the State of Georgia is acting by and through its State Properties Commission. SECTION 29. That the above-described real property reversionary interest to property located in Doug las County may be conveyed by appropriate instrument to Douglas County by the State of Georgia, acting by and through the State Properties Commission, for the considera tion of Douglas County's acceptance of the responsibility of suppression of forest, grass, and wood fires in Douglas County after March 1, 1996, pursuant to an agreement be tween the Georgia Forestry Commission and the Douglas County Board of Commission ers dated February 6, 1996, and for the additional consideration of Douglas County's for giving of annual payments made to the county by the Georgia Forestry Commission for the defraying of certain costs associated with said fire suppression responsibility in an amount equal to the fair market value of the improvements made to the property by the state and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. TUESDAY, MARCH 23, 1999 1685 SECTION 30. That the authorization in this resolution to convey the above-described real property re versionary interest to Douglas County shall expire three years after the date that this resolution becomes effective. SECTION 31. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 32. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE VII SECTION 33. That the State of Georgia is the owner of the above-described real property in Cobb County and that the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 34. That the State of Georgia, acting by and through its State Properties Commission, may grant to Cobb County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a railroad crossing in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a railroad crossing together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes; provided, however, that the State of Georgia's lessee to the above-described property, CSX Transportation Inc., shall first approve of the granting of the easement prior to its conveyance. SECTION 35. That the above-described premises shall be used solely for the purpose of planning, con structing, erecting, installing, maintaining, repairing, replacing, inspecting, and operat ing said railroad crossing. SECTION 36. That Cobb County shall have the right to remove or cause to be removed from said ease ment area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said railroad crossing. SECTION 37. That, after Cobb County has put into use the railroad crossing for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Cobb County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leav ing the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 38. 1686 JOURNAL OF THE SENATE That no title shall be conveyed to Cobb County and, except as herein specifically granted to Cobb County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Cobb County. SECTION 39. That if the State of Georgia, acting by and through its State Properties Commission, de termines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facili ties across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Cobb County shall remove or relocate its facilities to the alternate ease ment area at its sole cost and expense, unless the State Properties Commission deter mines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such ac tual cost and expense, not to exceed by 20 percent the amount of a written estimate pro vided by Cobb County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties request ing such removal and at no cost and expense to the State of Georgia. SECTION 40. That the easement granted to Cobb County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best in terests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description uti lized by the State Properties Commission describes the same easement area herein granted. SECTION 41. That the consideration for such easement shall be for the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia. SECTION 42. That this grant of easement shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 43. That the authorization in this resolution to grant the above-described easement to Cobb County shall expire three years after the date that this resolution becomes effective. SECTION 44. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VIII SECTION 45. TUESDAY, MARCH 23, 1999 1687 That the State of Georgia is the owner of the above-described real property in Fulton County and that the property is in the custody of the Georgia Department of Technical and Adult Education, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 46. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Board of Regents of the University System of Georgia, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of in gress and egress in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspect ing, and operating ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. SECTION 47. That the above-described premises shall be used soialy for the purpose of planning, con structing, erecting, installing, maintaining, repairing, replacing, inspecting, and operat ing said ingress and egress. SECTION 48. That the Board of Regents of the University System of Georgia shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said ingress and egress. SECTION 49. That, after the Board of Regents of the University System of Georgia has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and as signs, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the board of regents, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 50. That no title shall be conveyed to the Board of Regents of the University System of Georgia, and, except as herein specifically granted to the board of regents, all rights, ti tle, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the board of regents. SECTION 51. That if the State of Georgia, acting by and through its State Properties Commission, de termines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facili ties across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the Board of Regents of the University System of Georgia shall remove or 1688 JOURNAL OF THE SENATE relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the board of regents. Upon written re quest, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relo cation is paid by the party or parties requesting such removal and at no cost and ex pense to the State of Georgia. SECTION 52. That the easement granted to the Board of Regents of the University System of Georgia shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 53. That the consideration for such easement shall be for $10.00 and such further considera tion and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia. SECTION 54. That this grant of easement shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 55. That the authorization in this resolution to grant the above-described easement to the Board of Regents of the University System of Georgia shall expire three years after the date that this resolution becomes effective. SECTION 56. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE IX SECTION 57. That the State of Georgia is the owner of the hereinafter described real property located in Hamilton County, Tennessee, and the property is in the custody of the State Proper ties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 58. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Norfolk Southern Corporation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a railroad siding in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a rail road siding together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said TUESDAY, MARCH 23, 1999 1689 easement area is located in the City of Chattanooga, Hamilton County, Tennessee, and is represented on Western and Atlantic Railroad valuation map V4/S1A and is more par ticularly described as follows: That portion and that portion only as shown in green on a preliminary drawing pre pared by Norfolk Southern Railway dated February 9, 1999, being drawing no. TD1999-10 and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia regis tered land surveyor and presented to the State Properties Commission for approval. SECTION 59. That the above-described premises shall be used solely for the purpose of planning, con structing, erecting, installing, maintaining, repairing, replacing, inspecting, and operat ing said railroad siding. SECTION 60. That CSX Transportation shall surrender its leasehold interest, if any, to the State of Georgia prior to the granting of the subject easement to the Norfolk Southern Corporation. SECTION 61. That the Norfolk Southern Corporation shall have the right to remove or cause to be re moved from said easement area only such trees and bushes as may be reasonably neces sary for the proper construction, operation, and maintenance of said railroad siding. SECTION 62. That, after the Norfolk Southern Corporation has put into use the railroad siding for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Norfolk Southern Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the fa cility shall become the property of the State of Georgia, or its successors and assigns. SECTION 63. That no title shall be conveyed to the Norfolk Southern Corporation and, except as herein specifically granted to the Norfolk Southern Corporation, all rights, title, and in terest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Norfolk Southern Corporation. SECTION 64. That if the State of Georgia, acting by and through its State Properties Commission, de termines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facili ties across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the Norfolk Southern Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a 1690 JOURNAL OF THE SENATE portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Norfolk Southern Corporation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the expenses for the re moval and relocation are paid by the party or parties requesting such removal at no cost and expense to the State of Georgia. SECTION 65. That the easement granted to the Norfolk Southern Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commis sion is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same ease ment area herein granted. SECTION 66. That the consideration for such easement shall be for the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 67. That this grant of easement shall be recorded by the grantee in the Superior Court of Hamilton County, Tennessee, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 68. That the authorization in this resolution to grant the above-described easement to the Norfolk Southern Corporation shall expire three years after the date that this resolution becomes effective. SECTION 69. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE X SECTION 70. That the State of Georgia is the owner of the above-described improved real property lo cated in Land Lot 184 of the 13th Land District of Rabun County and that, in all mat ters relating to the long-term leasing of said real property, the State of Georgia is acting by and through its State Properties Commission. In its handling of said long-term leas ing, the State Properties Commission shall act for the benefit of the Department of Nat ural Resources. SECTION 71. That the State of Georgia, acting by and through its State Properties Commission, is au thorized and empowered, for the benefit of the Department of Natural Resources and subject to the Board of Natural Resources requesting such action, to enter into a longterm lease of the above-described real property located in Land Lot 184 of the 13th Land District of Rabun County, Georgia, with a lessee or lessees selected by a competitive bid process for an initial term not to exceed 30 years with no more than two additional tenyear renewal terms with the State Properties Commission retaining the right to reject any and all bids and upon such other terms and conditions as the State Properties Com mission shall determine to be in the best interest of and most advantageous to the State TUESDAY, MARCH 23, 1999 1691 of Georgia and to its Department of Natural Resources. In its handling of said lease, the State Properties Commission shall act for the benefit of the Department of Natural Resources in fulfilling the department's needs with regard to Tallulah Falls State Park. Without limiting the foregoing, the State Properties Commission may remit any cash consideration received from said lease to the Department of Natural Resources and such shall be applied by the Department of Natural Resources to the acquisition, mainte nance, repair, and equipping of real property, improvements, and facilities located at or on Tallulah Falls State Park. SECTION 72. That the authorization in this resolution to lease the above-described real property shall expire three years after the date that this resolution becomes effective. SECTION 73. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 74. That the lease of the real property or a memorandum for recordation thereof shall be re corded by the lessee or lessees in the Superior Court of Rabun County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE XI SECTION 75. That the State of Georgia is the owner of the above-described leased real property lo cated in Baldwin County and that in all matters relating to the terms and conditions of said lease the State of Georgia is acting by and through its State Properties Commission. SECTION 76. That the above-described lease agreement between the State of Georgia and Baldwin County dated November 19, 1971, may be amended to provide: "It is expressly understood and agreed that any cutting of trees or forest area or alter ation of any natural resources now located on the premises shall first be approved in writing by the Georgia Forestry Commission. Lessee will submit to the Georgia For estry Commission any plans that would affect any of the above-mentioned alterations. Within 14 days following the receipt by the Georgia Forestry Commission of such plans, the Georgia Forestry Commission, acting by and through its director or his or her designated representative, shall reasonably determine whether such plans might adversely affect the premises and shall notify lessee (1) of its objections, if any, to the plan; or (2) that it has no objection to such plans. Upon receipt of such notification containing any Georgia Forestry Commission's objections and following any appropri ate discussion in good faith between the parties, lessee shall modify or revise such proposed plans as may be necessary to eliminate any remaining objections of the Geor gia Forestry Commission. Lessor shall be sent copies of all the above correspondence by lessee. It is also agreed and understood that the Georgia Forestry Commission will be responsible for selling any timber or natural resources removed from the premises and that any money derived from the sale of any such timber or natural resources shall be used by Baldwin County solely for the capital outlay and improvement of the recreational facilities located or to be located on the premises. Any cost of reforesting will be assumed by lessee if such is required for good forestry management and does not interfere with the approved park development." 1692 JOURNAL OF THE SENATE SECTION 77. That the authorization in this resolution to amend the lease agreement shall expire three years after the date that this resolution becomes effective. SECTION 78. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such amendment. SECTION 79. That the amendment to the lease shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE XII SECTION 80. That all laws and parts of laws in conflict with this resolution 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 adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable N 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 Stokes Y Street 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 1. The resolution, having received the requisite constitutional majority, was adopted by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: TUESDAY, MARCH 23, 1999 1693 The House has passed, by substitute, by the requisite constitutional majority the follow ing bills of the Senate: 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. 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 Calendar was resumed. HR 437. By Representatives Morris of the 155th, Murphy of the 18th, Coleman of the 142nd and others: A resolution designating Highway 130 as the Fisher Barfoot Highway. Senate Sponsor: Senator Gillis of the 20th. Senator Meyer von Bremen of the 12th offered the following amendment: Amend HR 437 by inserting on line 1 of page 1,before the word "and", the following: "designating the Al Holloway Interchange;". By inserting immediately following line 33 of page 1 the following: "BE IT FURTHER RESOLVED that the intersection of Georgia Highway 82 and the Liberty Bypass in Dougherty County is designated the Al Holloway Interchange, and the Department of Transportation is authorized and directed to erect and maintain appro priate signs so designating the interchange." On the adoption of the amendment, the yeas were 43, nays 0, and the Meyer von Bremen amendment was adopted. Senator Dean of the 31st offered the following amendment: Amend HR 437 by inserting immediately preceding the semicolon on line 1 of page 1 the following: "and designating a certain bridge in the City of Dallas as the Foster Family Bridge". By adding between lines 30 and 31 of page 1 the following: "BE IT FURTHER RESOLVED that the bridge over the Norfolk-Southern Railway on Ga. 61 in the City of Dallas is designated the Foster Family Bridge in honor of T. J. Fos ter and certain of his family members." By inserting immediately preceding the period on line 33 of page 1 the following: 1694 JOURNAL OF THE SENATE "and bridge as provided in this resolution". On the adoption of the amendment, the yeas were 40, nays 0, and the Dean amendment was adopted. Senator Williams of the 6th offered the following amendment: Amend HR 437 by inserting on line 1 of page 1 following the word and symbol "High way;" the following: "designating the Charles Durst Memorial Highway;" By inserting immediately following line 25 of page 1 the following: "WHEREAS, Charles Durst was born on September 19, 1929, and sadly passed away on March 6, 1998. He served with great honor as sheriff of Toombs County from 1976 through 1998; and WHEREAS, Charles Durst deservedly received the Lyons - Toombs County Citizen of the Year Award in 1982. He was loved and admired by the people of his community and by his fellow peace officers throughout the State of Georgia; and WHEREAS, a lifelong resident of Toombs County with his wife Bobby and two children, Charles Durst made his community a better and safer place to live, work, and worship. For that, his fellow citizens will be forever in his debt." On the adoption of the amendment, the yeas were 33, nays 0, and the Williams amend ment was adopted. Senators Ray of the 48th and Broun of the 46th offered the following amendment: Amend HR 437 by inserting on line 1 of page 1 following the word and symbol "High way;" the following: "to designate the official state transportation history museum;" By inserting immediately following line 2 of page 2 the following: "BE IT FURTHER RESOLVED that the Southeastern Railway Museum in Duluth, Georgia, is designated as the official state transportation history museum. The Depart ment of Industry, Trade, and Tourism and other public agencies and leaders in the tour ism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the Southeastern Railway Mu seum and to visit this state for tourism purposes." On the adoption of the amendment, the yeas were 44, nays 0, and the Ray, Broun of the 46th amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Brush Y Burton Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean 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 TUESDAY, MARCH 23, 1999 1695 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 Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Walker Williams On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. The following bills were taken up to consider House action thereto: 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 House substitute was as follows: 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 comprehensive procedures regarding the determination of certain millage rates; to provide for defini tions; to provide for certification; to provide for the adoption of millage rates; to provide for the notice and public hearings; to provide for enforcement; to change certain provi sions regarding notice of changes in ad valorem tax returns; to provide for notice of addi tional information; to provide availability of certain records and information; to provide for additional disclosure of information to taxpayers; to change certain provisions regard ing review and appeal of assessments; to provide for times to conduct appeal or arbitra tion proceedings; to provide for written notice of grounds for rejecting taxpayer's posi tion; to change certain provisions regarding prima-facie correctness and burden of proof; to provide for recovery of litigation and attorney's fees under certain circumstances; to provide for audio recording of certain proceedings; to provide for powers, duties, and au thority of the state revenue commissioner with respect to the foregoing; to provide for other matters relative to the foregoing; to provide for an effective date; to provide for ap plicability; 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.", 1696 JOURNAL OF THE SENATE 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: (1) 'Ad valorem tax' or 'property tax' means a tax imposed upon the assessed value of real property. (2) 'Certified tax digest' means the total net assessed value on the annual property tax digest certified by the tax commissioner of a taxing jurisdiction to the depart ment and authorized by the commissioner for the collection of taxes, or, in the case where the governing authority of a county whose digest has not been approved by the commissioner has petitioned the superior court of the county for an order au thorizing the immediate and temporary collection of taxes, the temporary digest so authorized. (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 would result when the to tal net assessed value added by reassessments is divided by the certified tax digest and the result is multiplied by the previous year's millage rate. (7) 'Net assessed value' means the taxable assessed value of property after all exemptions. (8) '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 purposes of such board of education. (9) 'Roll-back rate' means the previous year's millage rate minus the millage equivalent of the total net assessed value added by reassessments; provided, how ever, that if the taxing jurisdiction has created a redevelopment area under the pro visions of Chapter 44 of Title 36 and the roll-back rate that would otherwise result is lower than the minimum millage permissible under such chapter, the roll-back rate shall mean such minimum millage. (10) '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. (11) 'Total net assessed value added by reassessments' means the total net assessed value added to the certified tax digest as a result of revaluation of existing real property that has not been improved since the previous tax digest year. (b) At the time of certification of the digest, the tax receiver or tax commissioner shall also certify to the recommending authority and levying authority of each taxing juris diction the total net assessed value added by reassessments contained in the certified tax digest for that tax digest year of the taxing jurisdiction. TUESDAY, MARCH 23, 1999 1697 (c)(l) Whenever a recommending authority or levying authority shall propose to adopt a millage rate which does not exceed the roll-back rate, it shall adopt that millage rate at an advertised public meeting and at a time and place which is con venient to the taxpayers of the taxing jurisdiction, in accordance with the proce dures specified under Code Section 48-5-32. (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) No recommending authority shall recommend and no levying authority shall levy a millage rate in excess of the proposed millage rate as established pursuant to paragraph (2) of this subsection without beginning anew the procedures and hear ings required by this Code section and those required by Code Section 48-5-32. (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 or Code Sec tion 48-5-32. (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) The commissioner shall not accept for review the digest of any county which does not submit simultaneously with such digest evidence of compliance with this Code sec tion by the levying authorities and recommending authorities. In the event a digest is not accepted for review by the commissioner pursuant to this subsection, it shall be accepted for review upon satisfactory submission by such authorities of such evidence. The levies of each of the levying authorities other than the county governing authority shall be invalid and unenforceable until such time as the provisions of this Code sec tion have been met. (f) The commissioner shall promulgate such rules and regulations as may be neces sary for the administration of this Code section." SECTION 2. 1698 JOURNAL OF THE SENATE 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 new Code Sections 48-5306 and 48-5-306.1 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. When any such corrections, changes, or equaliza tions have been made by the board, the board shall, within five days, give written no tice 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 re siding or employed in the house, abode, or business, or by sending 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' return address shall appear in the upper left corner of the mailing face with the direction that if not delivered 'Re turn in five days to' the above return address, and the lower left corner of the mailing face shall be clearly marked in bold type -- 'OFFICIAL TAX MATTER.' (b) Contents of notice. (1) The notice required to be given by the county board of tax assessors under 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;, the (B) The amount of the current assessment;, and the (C) The year for which the new assessment is applicable:; In all cases, the iiuticu blleill Cuiltfl.ru it (D) A brief description of the assessed property broken down into real and per sonal property classifications;, Ihe (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; and (F) The name and phone number of the person in the assessors' office that is ad ministratively responsible for the handling of the appeal and that the taxpayer may contact if they have questions about the reasons for the assessment change or the appeals process. TUESDAY, MARCH 23, 1999 1699 (2) In addition to the foi eguiiig 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. Notwithstanding the provisions of Code Sec tion 50-18-71, in the case of all public records and information of the county board of tax assessors pertaining to the appraisal and assessment of the real property subject to such notice: (1) The taxpayer may request, and the county board of tax assessors shall provide within ten business days, copies of such public records and information at a uniform copying fee not to exceed 25 g per page; and (2) No additional charges or fees may be collected from the taxpayer for reasonable search, retrieval, or other administrative costs associated with providing such public records and information. (e) Basts for new assessment. Where the assessment of the value of the taxpayer's real property subject to taxation exceeds the returned value of such property by 15 percent or more, the notice required by this subsection shall be accompanied by a sim ple, nontechnical description of the basis for the new assessment. All documents re viewed in making the assessment, the address of all real properties utilized as comparable properties, and all factors considered in establishing the new assessment shall be made available to the taxpayer pursuant to the terms and conditions of subsection (d) of this Code section, and the notice shall contain a statement of that availability. (f) The commissioner shall promulgate such rules and regulations as may be neces sary for the administration of this Code section. 1700 JOURNAL OF THE SENATE 48-5-306.1. (a) The tax commissioner shall annually prepare and maintain a brochure or other publication describing the exemptions and preferential assessments available to the taxpayers of the county along with the conditions of eligibility and deadlines for apply ing for each. Such brochure or other publication shall also describe the requirements and deadlines for the return of property for taxation and the appeal procedures and such other information as the tax commissioner or board of tax assessors may deter mine to be helpful to the property owner. Such brochure or other publication shall be available freely to taxpayers in the office of the tax commissioner and board of asses sors and shall also be mailed or otherwise delivered to the appropriate taxpayer under the following conditions: (1) Upon the transfer of residential or agricultural property for which a properly completed real estate transfer tax form has been filed; (2) Whenever a homestead exemption has been newly approved or whenever an ex isting homestead exemption has been modified with new conditions of eligibility; and (3) Whenever a preferential assessment with respect to ad valorem property taxes is enacted or modified. (b) The commissioner shall promulgate such rules and regulations as may be neces sary for the administration of this Code section." 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 chairman chairperson and two viue-chaiiweii vice chairper sons of each such board of equalization. The uhaii man chairperson and vice-ehaiimen 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 TUESDAY, MARCH 23, 1999 1701 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 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 1702 JOURNAL OF THE SENATE 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 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. TUESDAY, MARCH 23, 1999 1703 (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. (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 his 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 1704 JOURNAL OF THE SENATE 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 appeal proceedings shall be conducted between the hours of 8:00 A.M. and 7:00 P.M. on a business day. Follow ing the notification of the taxpayer of the date and time of their scheduled hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the taxpayer's scheduled hearing to a day and time acceptable to the taxpayer. (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. TUESDAY, MARCH 23, 1999 1705 (D) The written notice to the taxpayer required by this paragraph shall contain a statement of the grounds for rejection of any position the taxpayer has asserted with regard to the valuation of the property. No addition to or amendment of such grounds as to such position shall be permitted before the county board of equalization or in any arbitration proceedings. (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 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 feet fac tual characteristics of the property under appeal, as opposed to questions of value, shall be prima-facie correct in any appeal to the county board of equalization. How ever, the board of tax assessors shall have the burden of proving their opinions of value and the validity of their proposed assessment by a preponderance of evidence. (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 hi 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- 1706 JOURNAL OF THE SENATE 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 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. TUESDAY, MARCH 23, 1999 1707 (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 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:; and 1708 JOURNAL OF THE SENATE (F) The board of tax assessors shall have the burden of proving their opinions of value and the validity of their proposed assessment by a preponderance of evidence. t (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. (2) An appeal by the taxpayer as provided hi 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. The board of tax assessors shall have the burden of proving their opinions of value and the validity of their proposed assessment by a preponderance of evidence. Upon a failure of the board of tax as sessors to meet such burden of proof, the court may, upon motion or sua sponte, au thorize the finding that the value asserted by the taxpayer is unreasonable and authorize the determination of the final value of the property. (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 TUESDAY, MARCH 23, 1999 1709 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 percent or less of the val uation 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 rea sonable attorney's fees incurred in the action. This division shall not apply when the property owner has failed to return for taxation the property that is under appeal. (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 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. (rrXi) 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. 1710 JOURNAL OF THE SENATE 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. Ol tiiiie Will lllStu'ei*^ 13.ll t/O )&y tile uciitillts J-i3y<;iulc U.iluci' its pOllC^, Otllci' Lli&ii DcllelltS pa_y^i~ Dle lui* IGSS Or tune, LlpOil I'eCelpt OI Clue^ Wl'itteii pl'OOI OI lOSs, tlitJ 1118Ul"ei' HliHll llave -Lj WOi'Ji.111^ ClAyS tllel'eill Lei WiLlilll WlilCll tO 111311 tile lllSUfeu vl StiOSCiiuei1 & IctLei OT nutiue w lijlCli St3teS Llie 1 c&Suiis Llle 1118 til ci may lici v c lui iitlllil^ Lu J)Hy Lilt; v^lciiiil, eiLliei III WllOie Ol" 111 pcll'tj clliu. Vv lnuli 3.J.SO (iv ecs Lliti iilttUl'tiCl Oi* isij.u~ SCi'iDci1 1 W^ritten iLulliiZctLiOii Oi &iiy ClOCUiiiclILS Oi1 uLlici' llilOliiiciLnjii H66Qfiu to ^)fO~ listed clOCUlllc11 Ls or util^r 1IIIO1 1113.11011 HO^CicQ Lu JifOCcriS Llic CTcCIHT ll&V^ (jccil i ^" CexVeu, til 6 UlSlU'ei' Slliili til 611 I13.V6 -Lu \Vui'ltlll^ u.&.^S AVitlllil WlliCli tO ^)l'OCtiSri iillQ feltllci \J&-^ tlic Cliiiin Oi Qcliy it, in Wllulfe Oi*lll l^cll'L, ivillJ tll6 liliSiii'GQ tllfi I' Lilt; me Ul'tJl1 ilifl.^ litiVci lOi' tltili^iil^ suCll Clciiili Oi1 &liy (D) Subject If a policy provides benefits for loss of time, such policy shall also pro vide that, subject to proof of such loss, all accrued benefits payable under the pol icy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable and any balance remaining unpaid at the termination of such period will be paid im mediately upon receipt of such proof. (vJJ -LiJciCrl lUStll'tit' &u.HI1111;Cl tu 113.11SSiCt fl.CClu.611t clliu olCKlitiSS iilSill1SL11C; lil tlllS HLiiLt; slicu.1 ffS^y luLtJi'cist tO Llit; iilSu.i'cu tji^u-cil tu lo Jjciudit ^jci' 31111 u.111 On Lliti JL\J~ Cecun OT utJiiclitis U.U.C LuiClei1 Llit/ tcl'Uici Ol Llit ^jOliC^ 101* l&il ui'c tO CuHAjplJ w itli Lllc l1t!ij[U.ii'iim611tS OI SuupilTcl^i'tlDll (.A/ Ol* V-t*/ Ol tlllS l^cii a^i'djill. SECTION 4. Said title is further amended by striking paragraph (5) of subsection (b) of Code Section 33-30-6, relating to required provisions of group accident and sickness insurance policies, and inserting in lieu thereof the following: "(5)fA-) A provision incorporating and restating the substance of the provisions of subsections (b) and (c) of Code Section 33-24-59.5, relating to time limits for pay ment of claims for benefits under health benefit policies and sanctions for failure to psy tiniGly tli&t 3.11 utjiisiits ^flyttOlc nuclei1 tli6 policy otlici LIitm ut;iit:li.LB loi1 loss ox tlillc Will &G p&yflult; 1 111 ulfeQliltt;ly dpOIl I'eutilpt OI QUti ^tfTltt^il pl'OOl OT SUCll luciS. Shuukl the iusuiei fail tu pay Llie benerus payablu under the pulicy, uthei than beu- clitS lOi* luoci ul tlllit;, ilpOll 1'^Ceijjt OI QUt! Wi'ittcn pTOOl OI luoo, Lllti iiiriuici dlicLll llaVc i-j WOrK.nl^ Clfl^S tlife1'63.lt61 AVltlllil w liiCli tO ill3.ll LLic ins til cu Oi* SU.DSC11D61" & Icltfil Ol ilOtitc WillCll d Let Lt;& tilt; icctouiio tile in&uiei Hlfly llavc 101* IciiLiii^ tu p&y tllfe ulciiiii, ^Itllci' 111 WllOlfe ui' in p^rt, ct.iJ.Li wlllCii iiiriu ^ivGS tile lllSui^u. Ol* StiDcstnlJci1 d. W^l'iLLdl i Lcnl1Zii LiOH OI Ally CluCU.11161ltS Oi' OtllcF 11110l*illlt1Oil lleeueTt tO plTOCeSS tile Cl3.1111 01" cliYy jjui LiuilS tllei'eul WlliCll fl.l*e llOt ucin^ jJiilu. Wlicill 3.11 Ol tile listed. QOCLtiliciltci Ol Otilei* iiilul'lllfl-tiOil iitJtjClcCl tO |Ji'ui;t;SS tile Clctllii l!3.Vc DiBcll i'eCeiVeu, Ll'le lllSU.i"ei cilicill tllOll llfl-Ve J.lj WOl'ltiil^ u.kys Witllnl W^lllCll tO pi^OCfeSS iiliu ^itllcr J)3.y tllfr C131111 Ol tleiiy it, ill Wliulc ui 111 p&i'tj ^iv iiifj Li it; inri ui titl tlit? i ccLcsOHS tile niS ul'el1 may llavc lui' u.fi~ 1726 JOURNAL OF THE SENATE (D) Oubjucl If a policy provides benefits for loss of time, such policy shall also pro vide that, subject to proof of such loss, all accrued benefits payable under the pol icy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable and any balance remaining unpaid at the termination of such period will be paid im mediately upon receipt of such proof. \\_/J JJJy that they 1 C^l CCscut tlic ^cvgiaplnwxl and cwuuui the ClOlbJ' Ul Llua oLaLc Lu cxteiiL Icaoibte AH- piivaLc ocuLui mciiiMCio ^harl- aci V^; eiL-the- plcaouic -of-the-Quvei- nor The members of the board of directors of the Georgia Regional Transportation Au thority provided by Code Section 50-32-4, upon their initial appointment and thereaf ter, shall constitute the membership of the council. Membership on that authority or the council shall not constitute an appointment to an office of honor or trust for pur poses of subsection (a) of Code Section 50-32-4. (b) The Guveiuui shall designate The chair of the Georgia Regional Transportation Authority shall serve as the chair of the council. (c) The council shall hold meetings as often as the chair determines, but not more than 12 days each year. The chair may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the council. A majority of the Nine members of the council shall constitute a quorum for conducting business. No member may act through a proxy, designee, or delegate uxuupt fui the Guvemui as provided in subsection (a) uf this Guile SBCtiun. The council may establish, from time to time, such additional rules and procedures as the council deems appropriate for conducting the council's business. These rules and procedures may be established in bylaws or in such other form as the council deems appropriate." SECTION 6. Said article is further amended by striking Code Section 45-12-205, relating to attach ment of the Governor's Development Council for administrative purposes and technical support, and inserting in lieu thereof the following: "45-12-205. The council shall be attached to the Office of Planning and Budget Department of Community Affairs for administrative purposes. The Department of Community Af fairs and the Office of Planning and Budget shall provide technical support to the council as directed by the chair and approved by the Governor." SECTION 7. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Chapter 32 to read as follows: 50-32-1. "CHAPTER 32 ARTICLE 1 This chapter shall be known and may be cited as the 'Georgia Regional Transportation Authority Act.' 1748 JOURNAL OF THE SENATE 50-32-2. As used in this chapter, the term: (1) 'Authority' means the Georgia Regional Transportation Authority. (2) 'Bond' includes any revenue bond, bond, note, or other obligation. (3) 'Clean Air Act' means the federal Clean Air Act, as amended in 1990 and codi fied at 42 U.S.C.A. Sections 7401 to 7671q. (4) 'Cost of project' or 'cost of any project' means: (A) All costs of acquisition, by purchase or otherwise, construction, assembly, in stallation, modification, renovation, extension, rehabilitation, operation, or mainte nance incurred in connection with any project, facility, or undertaking of the au thority or any part thereof; (B) All costs of real property or rights in property, fixtures, or personal property used in or in connection with or necessary for any project, facility, or undertaking of the authority or for any facilities related thereto, including but not limited to, the cost of all land, interests in land, estates for years, easements, rights, im provements, water rights, and connections for utility services; the cost of fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of prepara tion of any application therefor; and the cost of all fixtures, machinery, equip ment, furniture, and other property used in or in connection with or necessary for any project, facility, or undertaking of the authority; (C) All financing charges, bond insurance or other credit enhancement fee, and loan or loan guarantee fees and all interest on revenue bonds, notes, or other obli gations of the authority which accrue or are paid prior to and during the period of construction of a project, facility, or undertaking of the authority and during such additional period as the authority may reasonably determine to be necessary to place such project, facility, or undertaking of the authority in operation; (D) All costs of engineering, surveying, planning, environmental assessments, fi nancial analyses, and architectural, legal, and accounting services and all ex penses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, accountants, and any other necessary technical personnel in connection with any project, facility, or undertaking of the authority or the issuance of any bonds, notes, or other obligations for such project, facility, or undertaking; (E) All expenses for inspection of any project, facility, or undertaking of the authority; (F) All fees of fiscal agents, paying agents, and trustees for bond owners under any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, bond registrar, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, revenue bonds, notes, or other obligations for any project, facility, or undertaking of the authority, including bond insurance or credit en hancement fee; (G) All fees of any type charged by the authority in connection with any project, facility, or undertaking of the authority; TUESDAY, MARCH 23, 1999 1749 (H) All expenses of or incidental to determining the feasibility or practicability of any project, facility, or undertaking of the authority; (I) All costs of plans and specifications for any project, facility, or undertaking of the authority; (J) All costs of title insurance and examinations of title with respect to any pro ject, facility, or undertaking of the authority; (K) Repayment of any loans for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (L) Administrative expenses of the authority and such other expenses as may be necessary or incidental to any project, facility, or undertaking of the authority or the financing thereof or the placing of any project, facility, or undertaking of the authority in operation; and (M) The establishment of a fund or funds for the creation of a debt service re serve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project, facility, or undertaking of the authority and as may be authorized by any bond resolution, trust agreement, indenture, or trust or similar instrument or agree ment pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized. Any cost, obligation, or expense incurred for any of the purposes specified in this paragraph shall be a part of the cost of the project, facility, or undertaking of the authority and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes, or other obligations issued by the authority or as otherwise authorized by this chapter. (5) 'County' means any county created under the Constitution or laws of this state. (6) 'Facility' shall have the same meaning as 'project.' (7) 'Local government' or 'local governing authority' means any municipal corpora tion or county or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state. (8) 'May' means permission and not command. (9) 'Metropolitan planning organization' means the forum for cooperative transpor tation decision making for a metropolitan planning area. (10) 'Metropolitan transportation plan' means the official intermodal transportation plan that is developed and adopted through the metropolitan transportation plan ning process for a metropolitan planning area. (11) 'Municipal corporation' or 'municipality' means any city or town in this state. (12) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of in debtedness, debt, or other obligation of the authority, the state, or local governments which are authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds. (13) 'Office of profit or trust under the state' means any office created by or under the provisions of the Constitution, but does not include elected officials of county or local governments. 1750 JOURNAL OF THE SENATE (14) 'Project' means the acquisition, construction, installation, modification, renova tion, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, in stallation, modification, renovation, repair, extension, renewal, replacement, rehabil itation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential pub lic purpose of providing facilities and services to meet land public transportation needs and environmental standards and to aid in the accomplishment of the pur poses of the authority. (15) 'Revenue bond' includes any bond, note, or other obligation payable from reve nues derived from any project, facility, or undertaking of the authority. (16) 'State implementation plan' means the portion or portions of an applicable im plementation plan approved or promulgated, or the most recent revision thereof, under Sections 110, 301(d), and 175A of the Clean Air Act. (17) 'State-wide transportation improvement program' means a staged, multiyear, state-wide, intermodal program defined in 23 C.F.R. Section 450.104 which contains transportation projects consistent with the state-wide transportation plan and plan ning processes and metropolitan plans, transportation improvement programs, and processes. (18) 'State-wide transportation plan' means the official state-wide, intermodal trans portation plan as defined in 23 C.F.R. Section 450.104 that is developed through the state-wide transportation planning process. (19) 'Transportation improvement program' means a staged, multiyear, intermodal program as defined in 23 C.F.R. Section 450.104 and consisting of transportation projects which is consistent with the metropolitan transportation plan. (20) 'Undertaking1 shall have the same meaning as 'project.' 50-32-3. (a) There is created the Georgia Regional Transportation Authority as a body corpo rate and politic, which shall be deemed an instrumentality of the State of Georgia and a public corporation thereof, for purposes of managing or causing to be managed land transportation and air quality within certain areas of this state; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. (b) The management of the business and affairs of the authority shall be vested in a board of directors, subject to the provisions of this chapter and to the provisions of by laws adopted by the board as authorized by this chapter. The board of directors shall make bylaws governing its own operation and shall have the power to make bylaws, rules, and regulations for the government of the authority and the operation, manage ment, and maintenance of such projects as the board may determine appropriate to undertake from time to time. (c) Except as otherwise provided in this chapter, a majority of the members of the board then in office shall constitute a quorum for the transaction of business. The vote of a majority of the members of the board present at the time of the vote, if a quorum is present at such time, shall be the act of the board unless the vote of a greater number is required by law or by the bylaws of the board of directors. The board of directors, by resolution adopted by a majority of the full board of directors, TUESDAY, MARCH 23, 1999 1751 shall designate from among its members an executive committee and one or more other committees, each consisting of two or more members of the board, which shall have and exercise such authority as the board may delegate to it under such proce dures as the board may direct by resolution establishing such committee or committees. (d) No vacancy on the authority shall impair the right of a majority of the appointed members from exercising all rights and performing all duties of the authority. The au thority shall have perpetual existence. Any change in the name or composition of the authority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter. 50-32-4. (a) The initial board of directors of the authority shall consist of 15 members. All members of the board and their successors shall be appointed for terms of five years each, except that the initial terms for eight members of the board appointed in 1999 shall be three years each; and the particular beginning and ending dates of such terms shall be specified by the Governor. All members of the board shall be appointed by the Governor of the State of Georgia and shall serve until the appointment and qualification of a successor, the provisions of subsection (b) of Code Section 45-12-52 to the contrary notwithstanding; except as otherwise provided in this Code section. Said members shall be appointed so as to reasonably reflect the characteristics of the gen eral public within the jurisdiction or potential jurisdiction of the authority, subject to the provisions of subsection (d) of this Code section. No person holding any other of fice of profit or trust under the state shall be appointed to membership. The chair of the board of directors shall be appointed and designated by the Governor. (b) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. A person appointed to fill a vacancy shall serve for the unexpired term. No vacancy on the board shall impair the right of the quorum of the remaining members then in of fice to exercise all rights and perform all duties of the board. (c) The members of the board of directors shall be entitled to and shall be reimbursed for their actual travel expenses necessarily incurred in the performance of their duties and, for each day actually spent in the performance of their duties, shall receive the same per diem as do members of the General Assembly. (d) Members of the board of directors may be removed by executive order of the Gov ernor for misfeasance, malfeasance, nonfeasance, failure to attend three successive meetings of the board without good and sufficient cause, abstention from voting unless authorized under subsection (g) of this Code section, or upon a finding of a violation of Code Section 45-10-3 pursuant to the procedures applicable to that Code section. A vi olation of Code Section 45-10-3 may also subject a member to the penalties provided in subparagraphs (a)(l)(A), (a)(l)(B), and (a)(l)(C) of Code Section 45-10-28, pursuant to subsection (b) of Code Section 45-10-28. In the event that a vacancy or vacancies on the board renders the board able to obtain a quorum but unable to obtain the at tendance of a number of members sufficient to constitute such supermajorities as may be required by this chapter, the board shall entertain no motion or measure requiring such a supermajority until a number of members sufficient to constitute such supermajority is present, and the Governor shall be immediately notified of the ab sence of members. 1752 JOURNAL OF THE SENATE (e) The members of the authority shall be subject to the applicable provisions of Chap ter 10 of Title 45, including without limitation Code Sections 45-10-3 through 45-10-5. Members of the authority shall be public officers who are members of a state board for purposes of the financial disclosure requirements of Article 3 of Chapter 5 of Title 21. The members of the authority shall be accountable in all respects as trustees. The au thority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to the state auditor on or about the close of the state's fiscal year. The books and records shall be inspected and audited by the state auditor at least once in each year. (f) Meetings of the board of directors, regular or special, shall be held at the time and place fixed by or under the bylaws, with no less than five days public notice for regu lar meetings as prescribed in the bylaws, and such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings as prescribed in the bylaws. Meetings of the board may be called by the chairperson or by such other person or persons as the bylaws may authorize. Notice of any regular or special meeting shall be given to the Governor at least five days prior to such meet ing, unless the Governor waives such notice requirement, and no business may be transacted at any meeting of the board unless and until the Governor has acknowl edged receipt of or waived such notice. (g) All meetings of the board of directors shall be subject to the provisions of Chapter 14 of this title. A written record of each vote taken by the board, specifying the yea or nay vote or absence of each member as to each measure, shall be transmitted promptly to the Governor upon the adjournment of each meeting. No member may abstain from a vote other than for reasons constituting disqualification to the satisfac tion of a majority of a quorum of the board on a record vote. (h) The authority is assigned to the Department of Community Affairs for administra tive purposes only. ARTICLE 2 50-32-10. (a)(l) This chapter shall operate uniformly throughout the state. (2)(A) The initial jurisdiction of the authority for purposes of this chapter shall encompass the territory of every county which was designated by the United States Environmental Protection Agency (USEPA) in the Code of Federal Regula tions as of December 31, 1998, as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter. (B) The jurisdiction of the authority for purposes of this chapter shall also encom pass the territory of every county designated by the USEPA in the Code of Fed eral Regulations after December 31, 1998, as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter, provided that the jurisdictional area encom passed under this subparagraph shall be contiguous with the jurisdictional area encompassed under subparagraph (A) of this paragraph. TUESDAY, MARCH 23, 1999 1753 (b)(l) Within three months of the effective date of this chapter, the director of the Environmental Protection Division shall report and certify to the authority and the Governor, pursuant to criteria established by that division, counties which are rea sonably expected to become nonattainment areas under the Clean Air Act within seven years from the date of such report and certification, and shall update such re port and certification every six months thereafter. Within the geographic territory of any county so designated, the board shall provide, by resolution or regulation, that the funding, planning, design, construction, contracting, leasing, and other re lated facilities of the authority shall be made available to county and local govern ments for the purpose of planning, designing, constructing, operating, and maintain ing land public transportation systems and other land transportation projects, air quality installations, and all facilities necessary and beneficial thereto, and for the purpose of designing and implementing designated metropolitan planning organiza tions' land transportation plans and transportation improvement programs, on such terms and conditions as may be agreed to between the authority and such county or local governments. (2) By resolution of the county governing authority, the special district created by this chapter encompassing the territory of any county reported and certified pursu ant to paragraph (1) of this subsection may be activated for the purposes of this chapter, or such county may be brought within the jurisdiction of the authority by resolution of the governing authority. (3) The jurisdiction of the authority for purposes of this chapter shall be extended to the territory of any county the territory of which is not contiguous with the jurisdic tion established by subsection (a) of this Code section which is designated by the USEPA in the Code of Federal Regulations as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter. Upon any such county or self-contiguous group of counties coming within the jurisdiction of the authority, a single member who shall reside within such additional territory shall be added to the board, together with an additional member, who may reside within or without such additional territory, for each 200,000 persons above the number of 200,000 persons forming the population of such additional territory according to the 1990 United States decennial census or any future such census. (c) Upon acquiring jurisdiction over the territory of any county, the authority's juris diction over such territory shall continue until 20 years have elapsed since the later of the date such county was redesignated by the USEPA as in attainment under the Clean Air Act or such designation by the USEPA is no longer made. (d)(l) Upon the lapse of the authority's jurisdiction over a geographic area pursuant to the provisions of this Code section, the authority shall have the power to enter into such contracts, lease agreements, and other instruments necessary or conve nient to manage and dispose of real property and facilities owned or operated by the authority within such geographic area, and shall dispose of all such property not more than five years after the lapse of such jurisdiction, but shall retain jurisdiction for the purpose of operating and managing such property and facilities until their fi nal disposition. (2) The provisions of this subsection shall be implemented consistent with the terms of such contracts, lease agreements, or other instruments or agreements as may be necessary or required to protect federal interests in assets purchased, leased, or con- 1754 JOURNAL OF THE SENATE structed utilizing federal funding in whole or in part, and the authority is empow ered to enter into such contracts, lease agreements, or other instruments or agree ments with appropriate federal agencies or other representatives or instrumentalities of the federal government from time to time as necessary to achieve the purposes of this chapter and the protection of federal interests. (e) Except for the purpose of reviewing proposed regional transportation plans and transportation improvement programs prepared by metropolitan planning organiza tions in accordance with requirements specifically placed upon the Governor by federal law, the jurisdiction of the authority shall not extend to the territory and facilities of any airport as denned in Code Section 6-3-20.1 and which is certified under 14 C.F.R. Part 139. In no event shall the authority have jurisdiction to design, construct, repair, improve, expand, own, maintain, or operate any such airport or any facilities of such airport. 50-32-11. (a) The authority shall have the following general powers: (1) To sue and be sued in all courts of this state, the original jurisdiction and venue of any such action being the superior court of any county wherein a substantial part of the business was transacted, the tortious act, omission, or injury occurred, or the real property is located, except that venue and jurisdiction for bond validation pro ceedings shall be as provided by paragraph (9) of subsection (e) of Code Section 5032-31; (2) To have a seal and alter the same at its pleasure; (3) To plan, design; acquire, construct, add to, extend, improve, equip, operate, and maintain or cause to be operated and maintained land public transportation systems and other land transportation projects, and all facilities and appurtenances neces sary or beneficial thereto, within the geographic area over which the authority has jurisdiction or which are included within an approved transportation plan or trans portation improvement program and provide land public transportation services within the geographic jurisdiction of the authority, and to contract with any state, regional, or local government, authority, or department, or with any private person, firm, or corporation, for those purposes, and to enter into contracts and agreements with the Georgia Department of Transportation, county and local governments, and transit system operators for those purposes; (4) To plan, design, acquire, construct, add to, extend, improve, equip, operate, and maintain or cause to be operated and maintained air quality control installations, and all facilities and appurtenances necessary or beneficial thereto, within the geo graphic area over which the authority has jurisdiction for such purposes pursuant to this chapter, and to contract with any state, regional, or local government, author ity, or department, or with any private person, firm, or corporation, for those pur poses; provided, however, that where such air quality control measures are included in an applicable implementation plan, they shall be approved by the Environmental Protection Division of the state Department of Natural Resources and by the United States Environmental Protection Agency where necessary to preserve their protected status during any conformity lapse; (5) To make and execute contracts, lease agreements, and all other instruments nec essary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, such contracts, leases, or instruments to include contracts for acquisition, construction, operation, management, or mainte- TUESDAY, MARCH 23, 1999 1755 nance of projects and facilities owned by local government, the authority, or by the state or any political subdivision, department, agency, or authority thereof, and to include contracts relating to the execution of the powers of the authority and the disposal of the property of the authority from time to time; and any and all local governments, departments, institutions, authorities, or agencies of the state are au thorized to enter into contracts, leases, agreements, or other instruments with the authority upon such terms and to transfer real and personal property to the author ity for such consideration and for such purposes as they deem advisable; (6) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in fur therance of the public purpose of the authority, in compliance, where required, with applicable federal law including without limitation the Uniform Relocation Assis tance and Real Property Acquisition Policies Act of 1970, as amended, 40 U.S.C. Sec tion 4601 et seq., 23 C.F.R. Section 1.23, and 23 C.F.R. Section 713(c); (7) To appoint an executive director who shall be executive officer and administra tive head of the authority. The executive director shall be appointed and serve at the pleasure of the authority. The executive director shall hire officers, agents, and em ployees, prescribe their duties and qualifications and fix their compensation, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director; (8) To finance projects, facilities, and undertakings of the authority for the further ance of the purposes of the authority within the geographic area over which the au thority has jurisdiction by loan, loan guarantee, grant, lease, or otherwise, and to pay the cost of such from the proceeds of bonds, revenue bonds, notes, or other obli gations of the authority or any other funds of the authority or from any contribu tions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use; (9) To extend credit or make loans or grants for all or part of the cost or expense of any project, facility, or undertaking of a political subdivision or other entity for the furtherance of the purposes of the authority within the geographic area over which the authority has jurisdiction upon such terms and conditions as the authority may deem necessary or desirable; and to adopt rules, regulations, and procedures for making such loans and grants; (10) To borrow money to further or carry out its public purpose and to issue guaran teed revenue bonds, revenue bonds, notes, or other obligations to evidence such loans and to execute leases, trust indentures, trust agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to se cure debt, trust deeds, security agreements, assignments, and such other agree ments or instruments as may be necessary or desirable in the judgment of the au thority, and to evidence and to provide security for such loans; (11) To issue guaranteed revenue bonds, revenue bonds, bonds, notes, or other obli gations of the authority, to receive payments from the Department of Community Affairs, and to use the proceeds thereof for the purpose of: (A) Paying or loaning the proceeds thereof to pay, all or any part of, the cost of any project or the principal of and premium, if any, and interest on the revenue bonds, bonds, notes, or other obligations of any local government issued for the purpose of paying in whole or in part, the cost of any project and having a final maturity not exceeding three years from the date of original issuance thereof; 1756 JOURNAL OF THE SENATE (B) Paying all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out the purposes of the authority; and (C) Paying all costs of the authority incurred in connection with the issuance of the guaranteed revenue bonds, revenue bonds, bonds, notes, or other obligations; (12) To collect fees and charges in connection with its loans, commitments, manage ment services, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be ap proved by the authority; (13) Subject to any agreement with bond owners, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state or bonds or other obligations, the prin cipal and interest of which are guaranteed by the state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipal ity in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both princi pal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks or federal savings and loan associations located within the state which have deposits insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation and certificates of deposit of state building and loan associations located within the state which have deposits insured by any Georgia deposit insurance corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of de posit in excess of the amount insured by the Federal Deposit Insurance Corpora tion or any Georgia deposit insurance corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (hi) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or TUESDAY, MARCH 23, 1999 1757 (iv) Bonds, obligations, or project notes of public housing agencies, urban re newal agencies, or municipalities included in subparagraph (D) of this paragraph; (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recog nized as a primary dealer by the Federal Reserve Bank of New York having capi tal aggregating at least $50 million or with any corporation which is subject to re gistration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with re spect to the investment or reinvestment of such moneys; and (G) State operated investment pools; (14) To acquire or contract to acquire from any person, firm, corporation, local gov ernment, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, ex change, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same; and local government is authorized to grant, sell, or otherwise alienate lease holds, real and personal property, or any interest therein to the authority; (15) Subject to applicable covenants or agreements related to the issuance of bonds, to invest any moneys held in debt service funds or sinking funds not restricted as to investment by the Constitution or laws of this state or the federal government or by contract not required for immediate use or disbursement in obligations of the types specified in paragraph (13) of this subsection, provided that, for the purposes of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service, which debt service shall be the principal installments and interest payments, schedule for which such moneys are to be applied; (16) To provide advisory, technical, consultative, training, educational, and project assistance services to the state and local government and to enter into contracts with the state and local government to provide such services. The state and local governments are authorized to enter into contracts with the authority for such ser vices and to pay for such services as may be provided them; (17) To make loan commitments and loans to local governments and to enter into option arrangements with local governments for the purchase of said bonds, revenue bonds, notes, or other obligations; (18) To sell or pledge any bonds, revenue bonds, notes, or other obligations acquired by it whenever it is determined by the authority that the sale thereof is desirable; (19) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instru mentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; 1758 JOURNAL OF THE SENATE (20) To lease to local governments any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state; (21) To contract with state agencies or any local government for the use by the au thority of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority and such state agencies and local governments are authorized to enter into such contracts; (22) To extend credit or make loans, including the acquisition of bonds, revenue bonds, notes, or other obligations of the state, any local government, or other entity, including the federal government, for the cost or expense of any project or any part of the cost or expense of any project, which credit or loans may be evidenced or se cured by trust indentures, loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, or assignments, on such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of re serve funds; and, in the exercise of powers granted by this chapter in connection with any project, the authority shall have the right and power to require the inclu sion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provi sions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and condi tions as the authority may deem necessary or desirable; (23) As security for repayment of any bonds, revenue bonds, notes, or other obliga tions of the authority, to pledge, lease, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority including, but not limited to, real property, fixtures, personal property, and revenues or other funds and to execute any lease, trust indenture, trust agreement, agreement for the sale of the author ity's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or in strument as may be necessary or desirable, in the judgment of the authority, to se cure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the author ity upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition con tained in any such agreement or instrument; (24) To receive and use the proceeds of any tax levied to pay all or any part of the cost of any project or for any other purpose for which the authority may use its own funds pursuant to this chapter; (25) To use income earned on any investment for such corporate purposes of the au thority as the authority in its discretion shall determine, including, but not limited to, the use of repaid principal and earnings on funds, the ultimate source of which was an appropriation to a budget unit of the state to make loans for projects; (26) To cooperate and act in conjunction with industrial, commercial, medical, scien tific, public interest, or educational organizations; with agencies of the federal gov ernment and this state and local government; with other states and their political subdivisions; and with joint agencies thereof and such state agencies, local govern- TUESDAY, MARCH 23, 1999 1759 ment, and joint agencies are authorized and empowered to cooperate and act in con junction, and to enter into contracts or agreements with the authority and local gov ernment to achieve or further the purposes of the authority; (27) To coordinate, cooperate, and contract with any metropolitan planning organi zation for a standard metropolitan statistical area which is primarily located within an adjoining state but which includes any territory within the jurisdiction of the au thority to achieve or further the purposes of the authority as provided by this chapter; (28) To coordinate and assist in planning for land transportation and air quality purposes within the geographic area over which the authority has jurisdiction pur suant to this chapter, between and among all state, regional, and local authorities charged with planning responsibilities for such purposes by state or federal law, and to adopt a regional plan or plans based in whole or in part on such planning; (29) To review and make recommendations to the Governor concerning all proposed regional land transportation plans and transportation improvement programs pre pared by metropolitan planning organizations wholly or partly within the geographic area over which the authority has jurisdiction pursuant to this chapter, and to nego tiate with such metropolitan planning organizations concerning changes or amend ments to such plans which may be recommended by the authority or the Governor consistent with applicable federal law and regulation, and to adopt such regional plans as all or a portion of its own regional plans; (30) To review and make recommendations to the Governor concerning all land transportation plans and transportation improvement programs prepared by the De partment of Transportation involving design, construction, or operation of land transportation facilities wholly or partly within the geographic area over which the authority has jurisdiction pursuant to this chapter, and to negotiate with that de partment concerning changes or amendments to such plans which may be recom mended by the authority or the Governor consistent with applicable federal law and regulation, and to adopt such plans as all or a portion of its own regional plans; (31) To acquire by the exercise of the power of eminent domain any real property or rights in property which it may deem necessary for its purposes under this chapter pursuant to the procedures set forth in this chapter, and to purchase, exchange, sell, lease, or otherwise acquire or dispose of any property or any rights or interests therein for the purposes authorized by this chapter or for any facilities or activities incident thereto, subject to and in conformity with applicable federal law and regulation; (32) To the extent permissible under federal law, to operate as a receiver of federal grants, loans, and other moneys intended to be used within the geographic area over which the authority has jurisdiction pursuant to this chapter for inter-urban and intra-urban transit, land public transportation development, air quality and air pollu tion control, and other purposes related to the alleviation of congestion and air pollution; (33) Subject to any covenant or agreement made for the benefit of owners of bonds, notes, or other obligations issued to finance roads or toll roads, in planning for the use of any road or toll road which lies within the geographical area over which the authority has jurisdiction, the authority shall have the power to control or limit ac cess thereto, including the power to close off, regulate, or create access to or from any part, excluding the interstate system, of any road on the state highway system, 1760 JOURNAL OF THE SENATE a county road system, or a municipal street system to or from any such road or toll road or any property or project of the authority, to the extent necessary to achieve the purposes of the authority; the authority may submit an application for an inter state system right of way encroachment through the state Department of Transpor tation, and that department shall submit the same to the Federal Highway Adminis tration for approval. The authority shall provide any affected local government with not less than 60 days notice of any proposed access limitation; (34) To exercise any power granted by the laws of this state to public or private cor porations which is not in conflict with the public purpose of the authority; (35) To do all things necessary or convenient to carry out the powers conferred by this chapter; (36) To procure insurance against any loss in connection with its property and other assets or obligations or to establish cash reserves to enable it to act as self-insurer against any and all such losses; (37) To accept and use federal funds; to enter into any contracts or agreements with the United States or its agencies or subdivisions relating to the planning, financing, construction, improvement, operation, and maintenance of any public road or other mode or system of land transportation; and to do all things necessary, proper, or ex pedient to achieve compliance with the provisions and requirements of all applicable federal-aid acts and programs. Nothing in this chapter is intended to conflict with any federal law; and, in case of such conflict, such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict; (38) To ensure that any project funded by the authority in whole or in part with federal-aid funds is included in approved transportation improvement programs adopted and approved by designated metropolitan planning organizations and the Governor and in the land transportation plan adopted and approved by the desig nated metropolitan planning organization, and is in compliance with the require ments of relevant portions of the regulations implementing the Clean Air Act includ ing without limitation 40 C.F.R. Section 93.105(c)(l)(ii) and 40 C.F.R. Section 93.122(a)(l), where such inclusion, approval, designation, or compliance is required by applicable federal law or regulation; and (39) To appoint and select officers, agents, and employees, including engineering, ar chitectural, and construction experts and attorneys, and to fix their compensation. (b) In addition to the above-enumerated general powers, and such other powers as are set forth in this chapter, the authority shall have the following powers with respect to special districts created and activated pursuant to this chapter: (1) By resolution, to authorize the provision of land public transportation services and the institution of air quality control measures within the bounds of such special districts by local governments within such special districts utilizing the funding methods authorized by this chapter where the facilities for such purposes are lo cated wholly within the jurisdiction of such local governments and such special dis tricts or are the subject of contracts between or among such local governments and where such services and measures are certified by the authority to be consistent with the designated metropolitan planning organizations' regional plans, where applicable; TUESDAY, MARCH 23, 1999 1761 (2) By resolution, to authorize the utilization by local governments within such spe cial districts of the funding mechanisms enumerated in Code Section 50-32-30 to provide funding to defray the cost of land public transportation and air quality con trol measures certified and provided pursuant to paragraph (1) of this subsection; (3) By resolution, to authorize the utilization by local governments within such spe cial districts of the above-enumerated funding mechanisms to assist in funding those portions of regional land public transportation systems which lie within and provide service to the territory of such local governments within special districts; and (4) By resolution, to contract with local governments within such special districts for funding, planning services, and such other services as the authority may deem necessary and proper to assist such local governments in providing land public transportation services and instituting air quality control measures within the bounds of such special districts where the facilities for such purposes are located wholly within the jurisdiction of such local governments and such special districts or are the subject of contracts between or among such local governments, and where such services and measures are certified by the authority to be consistent with the designated metropolitan planning organizations' regional plans, where applicable. (c) The provisions of local government services and the utilization of funding mecha nisms therefor consistent with the terms of this chapter shall not be subject to the provisions of Chapter 70 of Title 36; provided, however, that the authority shall, where practicable, provide for coordination and consistency between the provision of such services pursuant to the terms of this chapter and the provision of such services pursuant to Chapter 70 of Title 36. 50-32-12. Pursuant to the authority granted by Article DC, Section II, Paragraph VI of the Con stitution of this state, there are created within this state 159 special districts. One such district shall exist within the geographic boundaries of each county, and the ter ritory of each district shall include all of the territory within its respective county. Any special district within a county within the geographic area over which the author ity has jurisdiction shall be deemed activated for purposes of this chapter. 50-32-13. (a) The Governor may delegate to the authority, by executive order, his or her powers under applicable federal transportation planning and air quality laws and regulations, including without limitation the power to resolve revision disputes between metropoli tan planning organizations and the Department of Transportation under 40 C.F.R. Section 93.105, the power to approve state-wide transportation improvement programs under 23 U.S.C. Section 134 and 23 C.F.R. Sections 450.312(b), 450.324(b), and 450.328(a), and the power of approval and responsibilities for public involvement under 23 C.F.R. Section 450.216(a). (b) In exercising the authority's delegated powers concerning proposed state-wide transportation plans and transportation improvement programs prepared by metropol itan planning organizations wholly or partly within the geographic area over which the authority has jurisdiction or by the Department of Transportation: 1762 JOURNAL OF THE SENATE (1) Transportation plans and transportation improvement programs subject to the authority's delegated review powers shall be approved by the affirmative vote of two-thirds of the authorized membership of the board to a motion made for that purpose; (2) The authority may request modification of such a plan or program and approve such proposal for modification of a plan or program by the affirmative vote of twothirds of the authorized membership of the board to a motion made for that purpose; (3) The board may set a date certain as a deadline for submission of any such plan or program to the authority for review; and (4) If any such plan or program is not timely submitted for review in compliance with a deadline set by the board, the authority may exercise its delegated power to disapprove such plan or program upon the affirmative vote of two-thirds of the au thorized membership of the board to a motion made for that purpose; provided, however, that where one or more vacancies exist on the board and the board is not otherwise prohibited from entertaining a motion requiring such a supermajority, such motion shall carry on the affirmative vote of two-thirds of the members present. On any motion requiring a supermajority for passage, any abstention not authorized as provided in this chapter shall be deemed an affirmative vote for purposes of pas sage or failure of such motion. (c) The authority shall formulate measurable targets for air quality improvements and standards within the geographic area over which the authority has jurisdiction pursu ant to this chapter, and annually shall report such targets to the Governor, together with an assessment of progress toward achieving such targets and projected measures and timetables for achieving such targets. 50-32-14. In any case where a development of regional impact, as determined by Department of Community Affairs pursuant to Article 1 of Chapter 8 of this title, is planned within the geographic area over which the authority has jurisdiction which requires the ex penditure of state or federal funds by the state or any political subdivision, agency, authority, or instrumentality thereof to create land transportation services or access to such development, any expenditure of such funds shall be prohibited unless and until the plan for such development and such expenditures is reviewed and approved by the authority. The decision of the authority to allow or disallow the expenditure of such funds shall be final and nonreviewable, except that such decision shall be reversed where a resolution for such purpose is passed by vote of three-fourths of the author ized membership of the county commission of the county in which the development of regional impact is planned or, if such development is within a municipality, by vote of three-fourths of the authorized membership of the city council. Such a vote shall not constitute failure or refusal by the local government for purposes of Code Section 5032-53. 50-32-15. (a) In furtherance of the purposes of the authority, no project of the Georgia Rail Pas senger Authority created by Article 9 of Chapter 9 of Title 46 which is located wholly or partly within the geographic area over which the authority has jurisdiction shall be commenced after the effective date of this chapter unless such project is approved by the affirmative vote of two-thirds of the authorized membership of the board of direc- TUESDAY, MARCH 23, 1999 1763 tors of the authority pursuant to a motion made for that purpose; provided, however, that where such project is an approved transportation control measure pursuant to an approved state implementation plan, such project may proceed consistent with applica ble federal law and regulation. (b) From time to time, by the affirmative vote of two-thirds of the authorized member ship of the board of directors of the authority, the authority may direct the Georgia Environmental Facilities Authority to issue revenue bonds, bonds, notes, loans, credit agreements, or other obligations or facilities to finance, in whole or in part, any pro ject or the cost of any project of the authority wholly or partly within the geographic area over which the authority has jurisdiction, by means of a loan, extension of credit, or grant from the Georgia Environmental Facilities Authority to the authority, on such terms or conditions as shall be concluded between the two authorities. (c) The Georgia Environmental Facilities Authority shall be subordinate to the author ity in all respects, with respect to authority projects, within the geographic area over which the authority has jurisdiction; and, in the event of any conflict with the provi sions of Chapter 23 of this title, the provisions of this chapter shall prevail in all re spects. It is expressly provided, however, that nothing in this Code section and noth ing in this chapter shall be construed to permit in any manner the alteration, elimination, or impairment of any term, provision, covenant, or obligation imposed on any state authority, including but not limited to the Georgia Environmental Facilities Authority, the State Toll Road Authority, the Georgia Regional Transportation Author ity, or the Georgia Rail Passenger Authority for the benefit of any owner or holder of any bond, note, or other obligation of any such authority. 50-32-16. Notwithstanding any provision of law to the contrary, funds appropriated to or other wise obtained by the Department of Transportation pursuant to Article III, Section DC, Paragraph VI(b) of the Constitution of this state and paragraphs (2) and (7) of subsec tion (a) of Code Section 32-2-2 shall not be utilized for designation, improvement, or construction of any land public transportation system or any part of the state highway system lying within the boundaries of a county whose special district created pursuant to this chapter has been activated pursuant to the provisions of this chapter, unless such designation, improvement, or construction is safety related or has been conducted by or through, or approved by, the authority, or such funds are within categories ap plicable to state-wide inspection or improvement required for compliance with federal law or regulation. 50-32-17. (a) After the adoption by the authority of a resolution declaring that the acquisition of the real property described therein is necessary for the purposes of this chapter, the authority may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of such power; provided, however, that the provisions of Article 7 of Chapter 16 of this title shall not be applicable to the exercise of the power of eminent domain by the authority. Property already devoted to public use may be acquired, except that no real property belonging to the state other than property acquired by or for the purposes of the Department of Transportation may be acquired without the consent of the state. 1764 JOURNAL OF THE SENATE (b) Real property acquired by the authority in any manner for the purposes of this chapter shall not be subject to the exercise of eminent domain by any state depart ment, division, board, bureau, commission, authority, or other agency or instrumental ity of the executive branch of state government, or by any political subdivision of the state or any agency, authority, or instrumentality thereof, without the consent of the authority. 50-32-18. The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this chapter shall be construed to remove any such rights. 50-32-19. Neither the members of the authority nor any officer or employee of the authority act ing on behalf thereof, while acting within the scope of his or her authority, shall be subject to any liability resulting from: (1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority; (2) The construction, ownership, maintenance, or operation of any project, facility, or undertaking authorized by the authority and owned by a local government; or (3) Carrying out any of the powers expressly given in this chapter. 50-32-20. (a) Upon request of the board of the authority, the Department of Transportation and the Department of Natural Resources shall provide to the authority and its authorized personnel and agents access to all books, records, and other information resources available to those departments which are not of a commercial proprietary nature, and shall assist the authority in identifying and locating such information resources. Reim bursement for costs of identification, location, transfer, or reproduction of such infor mation resources, including personnel costs incurred by the respective departments for such purposes, shall be made by the authority to those respective departments. (b) The authority may request from time to time, and the Department of Transporta tion and the Department of Natural Resources shall provide as permissible under the Constitution and laws of this state, the assistance of personnel and the use of facili ties, vehicles, aircraft, and equipment of those departments, and reimbursement for all costs and salaries thereby incurred by the respective departments shall be made by the authority to those respective departments. ARTICLE 3 50-32-30. In accomplishing its purposes pursuant to the provisions of this chapter, the authority may utilize, unless otherwise prohibited by law, any combination of the following funding resources: (1) Revenue bonds as authorized by this chapter; (2) Guaranteed revenue bonds as authorized by this chapter; (3) Funds obtained in a special district created and activated pursuant to this chap ter, for the purposes of providing local land transportation and air quality services within such district or, by contract with, between, and among local governments within such special districts, throughout such districts; TUESDAY, MARCH 23, 1999 1765 (4) Moneys borrowed by the authority pursuant to the provisions of this chapter; (5) Such federal funds as may from time to time be made available to the authority or for purposes coincident with the purposes of the authority within the territory over which the authority has jurisdiction; and (6) Such grants or contributions from persons, firms, corporations, or other entities as the authority may receive from time to time. 50-32-31. (a)(l) The authority shall have the power and is authorized at one time or from time to time to provide by one or more authorizing resolutions for the issuance of revenue bonds, but the authority shall not have the power to incur indebtedness under this subsection in excess of the cumulative principal sum of $1 billion but ex cluding from such limit bonds issued for the purpose of refunding bonds which have been previously issued. The authority shall have the power to issue such revenue bonds and the proceeds thereof for the purpose of paying all or part of the costs of any project or undertaking which is for the purpose of exercising the powers dele gated to it by this chapter, and the construction and provision of such installations and facilities as the authority may from time to time deem advisable to construct or contract for those purposes, as such undertakings and facilities shall be designated in the resolution of the board of directors authorizing the issuance of such bonds. (2) The revenue bonds and the interest payable thereon shall be exempt from all taxation within the state imposed by the state or any county, municipal corporation, or other political subdivision of the state. (b) In addition, the authority shall have the power and is authorized to issue bonds in such principal amounts as the authority deems appropriate, such bonds to be prima rily secured by a pool of obligations issued by local governments when the proceeds of the local government obligations are applied to projects of the authority. (c) The authority shall have the power from time to time to refund any bonds by the issuance of new bonds whether the bonds to be refunded have or have not matured and may issue bonds partly to refund bonds then outstanding and partly for any other corporate purpose. (d) Bonds issued by the authority may be general or limited obligations payable solely out of particular revenues or other moneys of the authority as may be designated in the proceedings of the authority under which the bonds shall be authorized to be is sued, subject to any agreements entered into between the authority and state agen cies, local government, or private parties and subject to any agreements with the own ers of outstanding bonds pledging any particular revenues or moneys. (e)(l) The authority is authorized to obtain from any department, agency, or corpo ration of the United States of America or governmental insurer, including the state, any insurance or guaranty, to the extent now or hereafter available, as to or for the payment or repayment of interest or principal, or both, or any part thereof on any bonds or notes issued by the authority or on any obligations of federal, state, or lo cal governments purchased or held by the authority; and to enter into any agree ment or contract with respect to any such insurance or guaranty, except to the ex tent that the same would in any way impair or interfere with the ability of the authority to perform and fulfill the terms of any agreement made with the owners of the bonds or notes of the authority. 1766 JOURNAL OF THE SENATE (2) Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times as the authority determines to be appropriate, except that bonds and any re newal thereof shall mature within 25 years of the date of their original issuance. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in registered form or book-entry form through a securities depository, or both, as to principal or interest or both principal and inter est, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide; provided, however, in lieu of specifying the rate or rates of interest which the bonds to be issued by an au thority are to bear, the resolution of the authority may provide that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of in terest which may be fixed or may fluctuate or otherwise change from time to time as specified in the resolution or may state that, in the event the bonds are to bear dif ferent rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, as specified. Bonds may be sold at public or private sale for such price or prices as the authority shall determine. (3) Any resolution or resolutions authorizing bonds or any issue of bonds may con tain provisions which may be a part of the contract with the owners of the bonds thereby authorized as to: (A) Pledging all or part of its revenues, together with any other moneys, securi ties, contracts, or property, to secure the payment of the bonds, subject to such agreements with bond owners as may then exist; (B) Setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof; (C) Limiting the purpose to which the proceeds from the sale of bonds may be applied; (D) Limiting the right of the authority to restrict and regulate the use of any pro ject or part thereof in connection with which bonds are issued; (E) Limiting the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds; (F) Setting the procedure, if any, by which the terms of any contract with bond owners may be amended or abrogated, including the proportion of bond owners which must consent thereto and the manner in which such consent may be given; (G) Creating special funds into which any revenues or other moneys may be deposited; (H) Setting the terms and provisions of any trust, deed, or indenture or other agreement under which the bonds may be issued; (I) Vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the authority may determine; (J) Defining the acts or omissions to act which may constitute a default in the ob ligations and duties of the authority to the bond owners and providing for the rights and remedies of the bond owners in the event of such default, including as TUESDAY, MARCH 23, 1999 1767 a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of the state and other provisions of this chapter; (K) Limiting the power of the authority to sell or otherwise dispose of any envi ronmental facility or any part thereof or other property, including municipal bonds held by it; (L) Limiting the amount of revenues and other moneys to be expended for operat ing, administrative, or other expenses of the authority; (M) Providing for the payment of the proceeds of bonds, obligations, revenues, and other moneys to a trustee or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine; and (N) Establishing any other matters of like or different character which in any way affect the security for the bonds or the rights and remedies of bond owners. (4) In addition to the powers conferred upon the authority to secure its bonds, the authority shall have power in connection with the issuance of bonds to enter into such agreements as the authority may deem necessary, consistent, or desirable con cerning the use or disposition of its revenues or other moneys or property, including the mortgaging of any property and the entrusting, pledging, or creation of any other security interest in any such revenues, moneys, or property and the doing of any act, including refraining from doing any act, which the authority would have the right to do in the absence of such agreements. The authority shall have power to enter into amendments of any such agreements within the powers granted to the authority by this chapter and to perform such agreements. The provisions of any such agreements may be made a part of the contract with the owners of bonds of the authority. (5) Any pledge of or other security interest in revenues, moneys, accounts, contract rights, general intangibles, or other personal property made or created by the au thority shall be valid, binding, and perfected from the time when such pledge is made or other security interest attaches without any physical delivery of the collat eral or further act, and the lien of any such pledge or other security interest shall be valid, binding, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether or not such par ties have notice thereof. No instrument by which such a pledge or security interest is created nor any financing statement need be recorded or filed. (6) All bonds issued by the authority shall be executed in the name of the authority by the chairperson and secretary of the authority and shall be sealed with the offi cial seal or a facsimile thereof. The facsimile signature of the chairperson and the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs. Bonds bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid, not withstanding the fact that before or after delivery thereof such person ceased to hold such office. (7) Prior to the preparation of definitive bonds, the authority may issue interim re ceipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter; the authority may provide for the replacement of any bond which shall become mutilated or be destroyed or lost. 1768 JOURNAL OF THE SENATE (8) All bonds issued by the authority under this chapter may be executed, con firmed, and validated under and in accordance with Article 3 of Chapter 82 of Title 36, except as otherwise provided in this chapter. (9) The venue for all bond validation proceedings pursuant to this chapter shall be Fulton County, and the Superior Court of Fulton County shall have exclusive final court jurisdiction over such proceedings. (10) Bonds issued by the authority shall have a certificate of validation bearing the facsimile signature of the clerk of the Superior Court of Fulton County and shall state the date on which said bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court of this state. (11) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation shall be as follows for each bond, regardless of the denomination of such bond: (A) Fifty cents each for the first 100 bonds; (B) Twenty-five cents each for the next 400 bonds; and (C) Ten cents for each such bond over 500. (12) Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the meaning of and for all the purposes of Georgia law subject only to the provisions of the bonds for registration. (13) Neither the members of the authority nor any person executing bonds shall be liable personally thereon or be subject to any personal liability or accountability solely by reason of the issuance thereof. (14) The authority, subject to such agreements with bond owners as then may exist, shall have power out of any moneys available therefor to purchase bonds of the au thority, which shall thereupon be canceled, at a price not in excess of the following: (A) If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date; or (B) If the bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the bonds become subject to redemp tion, plus accrued interest to the next interest payment date. (15) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or other wise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the author ity to sell such bonds at a discount, even if in doing so the effective interest cost re sulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. TUESDAY, MARCH 23, 1999 1769 50-32-32. (a) The authority shall have the power and is authorized to issue guaranteed revenue bonds in a maximum aggregate principal amount not to exceed $1 billion, under the terms and conditions set forth in this chapter, pursuant to the provisions of Article 2 of Chapter 17 of this title, which bonds shall constitute guaranteed revenue debt under Article VII, Section IV, Paragraph III of the Constitution of this state. The General Assembly hereby finds and determines that such issue will be self-liquidating over the life of the issue, and declares its intent to appropriate an amount equal to the highest annual debt service requirements for such issue. The proceeds of such bonds and the investment earnings thereon shall be used to finance land public transporta tion facilities or systems, including any costs of such projects. (b) The guaranteed revenue bonds and the interest payable thereon shall be exempt from all taxation within the state imposed by the state or any county, municipal cor poration, or other political subdivision of the state. 50-32-33. The bonds of the authority are made securities in which all public officials and bodies of the state and all counties and municipalities, all insurance companies and associa tions, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan as sociations, investment companies and other persons carrying on a banking business, and administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of this state and all counties and municipalities for any purposes for which the deposit of bonds or other obligations of this state are now or hereafter may be authorized. 50-32-34. The State of Georgia does pledge to and agree with the owners of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the ben efit of the owners of bonds or in any way impair the rights and remedies of bond own ers until the bonds, together with the interest thereon, with interest on any unpaid in stallments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such owners, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bond owners. 50-32-35. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, known as the 'Georgia Securi ties Act of 1973.' No notice, proceeding, or publication except those required in this chapter shall be necessary to the performance of any act authorized in this chapter; nor shall any such act be subject to referendum. 50-32-36. No bonds, notes, or other obligations of and no indebtedness incurred by the authority, other than guaranteed revenue bonds, shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any 1770 JOURNAL OF THE SENATE act of the authority in any manner constitute or result in the creation of an indebted ness of the state or its agencies or a cause of action against the state or its agencies; provided, however, the state, to the extent permitted by its Constitution, may guaran tee payment of such bonds, notes, or other obligations as guaranteed revenue debt. 50-32-37. It is found, determined, and declared that the creation of this authority and the carry ing out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be per forming an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons the state covenants with the owners from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the opera tion or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or oth erwise, and that the bonds, notes, and other obligations of the authority, their trans fer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this chapter shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority. 50-32-38. The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor. 50-32-39. No bonded indebtedness of any kind shall be incurred by the authority or on behalf of the authority by the Georgia Environmental Facilities Authority at any time when the highest aggregate annual debt service requirements of the state for the then current fiscal year or any subsequent fiscal year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt and treating it as state general obligation debt or guaranteed revenue debt for purposes of calculating debt limitations under this Code section, and the highest aggregate annual payments for the then cur rent fiscal year or any subsequent fiscal year of the state under all contracts then in force to which the provisions of the second paragraph of Article DC, Section VI, Para graph I(a) of the Constitution of 1976 are applicable, exceed 7.5 percent of the total revenue receipts, less refunds of the state treasury in the fiscal year immediately pre ceding the fiscal year in which any such debt is to be incurred. ARTICLE 4 50-32-50. (a) Any local government which is within the geographic area over which the author ity has jurisdiction or which is within any county for which a special district has been otherwise activated pursuant to this chapter may provide, subject to the authoriza tion of the authority as provided for in this chapter, within the territorial limits of the special district authorized by this chapter local government services consisting of land TUESDAY, MARCH 23, 1999 1771 public transportation and air quality control, consistent with the terms of any author izing resolution of the authority and, further, consistent with the regional plan or plans approved by the authority pursuant to its delegated powers if such plans are ap plicable to such local government's territory. In providing such local services in such special district pursuant to the provisions of this chapter, the local government shall utilize one or more of the funding mechanisms enumerated in Article IX, Section II, Paragraph VI of the Constitution of this state for the purpose of funding, in whole or in part, only the local government services authorized by this chapter, and such ser vices may be provided, in whole or in part, pursuant to a contract between one or more local governments within a special district activated pursuant to this chapter. (b) Projects and facilities for the provision of local government services through spe cial districts authorized by this chapter shall be planned by the authority consistent with approved regional plans, where applicable, and may be designed, constructed, managed, operated, and funded by the authority in whole or in part. 50-32-51. (a) For the purposes of this Code section, the term 'lease agreement' shall mean and include a lease, operating lease rental agreement, usufruct, sale and lease back, or any other lease agreement having a term of not more than 50 years and concerning real, personal, or mixed property, any right, title, or interest therein by and between the state, the authority, a local government, or any combination thereof. (b) A local government by resolution of its governing body may enter into a lease agreement for the provision of land public transportation or air quality services utiliz ing facilities owned by the authority upon such terms and conditions as the authority shall determine to be reasonable including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom. (c) No lease agreement shall be deemed to be a contract subject to any law requiring that a contract shall be let only after receipt of competitive bids. (d) Any lease agreement may provide for the construction of such land public trans portation or air quality facility by the local government as agent for the authority. In such event, all contracts for such construction shall be let by such local government in accordance with the provisions of law otherwise applicable to the letting of such con tracts by such local government and with the provisions of state law pertaining to pre vailing wages, labor standards, and working hours. Any such lease agreement may contain provisions by which such local government shall indemnify the authority against any and all damages resulting from acts or omissions to act on the part of such local government or its officers, agents, or employees in constructing such facility or facilities, in letting any contracts in connection therewith, or in operating and maintaining the same. (e) Any lease agreement executed by the authority directly with any local government may provide at the termination thereof that title to the land public transportation or air quality facility project shall vest in the local government or its successor in inter est, if any, free and clear of any liens or encumbrances created in connection with any contract or bonds, revenue bonds, notes, or other obligations involving the authority. (f) Any lease agreement directly between the state or authority and a local govern ment may contain provisions requiring the local government to perform any or all of the following: 1772 JOURNAL OF THE SENATE (1) In the case of a land public transportation facility, to establish and collect rates, fees, and charges so as to produce revenues sufficient to pay all or a specified por tion of: (A) The costs of operation, maintenance, renewal, replacement, and repairs of the land public transportation facility of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such land public transportation facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any re quired reserves; (2) In the case of an air quality facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) The costs of operation, maintenance, renewal, and repairs of the air quality facility of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such air quality facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (3) To create and maintain reasonable reserves or other special funds; (4) To create and maintain a special fund or funds as additional security for the punctual payment of any rentals due under such lease agreement and for the de posit therein of such revenues as shall be sufficient to pay said lease rentals and any other amounts becoming due under such lease agreements as the same shall be come due and payable; or (5) To perform such other acts and take such other action as may be deemed neces sary and desirable by the authority to secure the complete and punctual perform ance by such local government of such lease agreements and to provide for the rem edies of the authority in the event of a default by such local government in such payment. 50-32-52. (a) The authority may make grants or loans to a local government to pay all or any part of the cost of a project. In the event the local government agrees to accept such grants or loans, the authority may require the local government to issue bonds or rev enue bonds as evidence of such grants or loans. The authority and a local government may enter into such loan commitments and option agreements as may be determined appropriate by the authority. (b) The authority may require as a condition of any grant or loan to a local govern ment that such local government shall perform any or all of the following: (1) In the case of grants or loans for a land public transportation or air quality facil ity, establish and collect rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, replacement, renewal, and repairs; and (B) Outstanding indebtedness incurred for the purposes of such facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obliga tions issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; TUESDAY, MARCH 23, 1999 1773 (2) In the case of loans for an air quality facility, establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified por tion of: (A) Costs of operation, maintenance, renewal, replacement, and repairs of the air quality facility of such local government; and (B) Outstanding indebtedness incurred for the purposes of such air quality facil ity, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (3) Create and maintain a special fund or funds, as additional security for the pay ment of the principal of such revenue bonds and the interest thereon and any other amounts becoming due under any agreement, entered into in connection therewith and for the deposit therein of such revenues as shall be sufficient to make such pay ment as the same shall become due and payable; (4) Create and maintain such other special funds as may be required by the author ity; and (5) Perform such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, or take other ac tions as may be deemed necessary or desirable by the authority to secure the pay ment of the principal of and interest on such bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any de fault by such local government in such payment. (c) All local governments issuing and selling bonds, revenue bonds, notes, or other ob ligations to the authority are authorized to perform such acts, take such action, adopt such proceedings, and to make and carry out such contracts with the authority as may be contemplated by this chapter. (d) In connection with the making of any loan authorized by this chapter, the author ity may fix and collect such fees and charges including, but not limited to, reimburse ment of all costs of financing by the authority, as the authority shall determine to be reasonable. Neither the Public Service Commission nor any local government or state agency shall have jurisdiction over the authority's power over the regulation of such fees or charges. 50-32-53. (a) No local government which, upon the activation of a special district created by this chapter, fails or refuses to plan, coordinate, and implement local government services in such special district as provided for in this chapter and authorized pursuant to a resolution of the authority shall be eligible for any state grant of any kind whatsoever except such grants as may be related directly to the physical and mental health, edu cation, and police protection of its residents, nor shall any funds appropriated to or otherwise obtained by the Department of Transportation pursuant to Article III, Sec tion K, Paragraph VI(b) of the Constitution of this state and paragraphs (2) and (7) of subsection (a) of Code Section 32-2-2 be utilized for designation, improvement, fund ing, or construction of any land public transportation system or any part of the state highway system lying within the boundaries of such local government's jurisdiction, or for the nonsafety related maintenance of any land public transportation system, high way, road, or bridge operating or located within such local government's jurisdictional boundaries, nor shall such local government be permitted to receive federal grants or 1774 JOURNAL OF THE SENATE funds for any such purpose, unless such funds are within categories applicable to state-wide inspection or improvement required for compliance with federal law or regulation. (b) By resolution, the authority may restore eligibility for funding and receipt of grants denied pursuant to the provisions of subsection (a) of this Code section where such local government demonstrates to the satisfaction of the authority that it is tak ing or shall take appropriate action to cooperate with the authority. 50-32-54. (a) In the event of a. failure of any local government to collect and remit in full all amounts due to the authority and all amounts due to others, which involve the credit or guarantee of the authority or of the state, on the date such amounts are due under the terms of any bond, revenue bond, note, or other obligation of the local government, it shall be the duty of the authority to notify the director of the Office of Treasury and Fiscal Services who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities allotted to such local government, excluding funds for education purposes, until such local government has collected and remitted in full all sums due and cured or remedied all defaults on any such bond, revenue bond, note, or other obligation. (b) Nothing contained in this Code section shall mandate the withholding of funds al located to a local government which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state. ARTICLE 5 50-32-60. The prohibition of expenditures or withholding of funds for public road or other public transportation purposes by the authority pursuant to any provision of this chapter shall not alter the Department of Transportation's budgeted or programmed allocation of state or federal funds among congressional districts pursuant to Code Section 32-530. ARTICLE 6 50-32-70. This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter." SECTION 8. Said title is further amended by striking paragraph (12) of Code Section 50-23-4, relat ing to definitions relative to the Georgia Environmental Facilities Authority, and in serting in its place a new paragraph (12) to read as follows: "(12) 'Project' means the acquisition, construction, installation, modification, renova tion, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, in stallation, modification, renovation, repair, extension, renewal, replacement, rehabil itation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential pub lic purpose of providing environmental facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, indus- TUESDAY, MARCH 23, 1999 1775 try, agriculture, and employment opportunities, or projects authorized by the Geor gia Regional Transportation Authority created by Chapter 32 of this title as defined in such chapter, where the authority has been directed to issue revenue bonds, bonds, notes, or other obligations to finance such project or the cost of a project in whole or in part, provided that the authority's power with respect to such projects authorized by the Georgia Regional Transportation Authority shall be limited to pro viding such financing and related matters as authorized by the Georgia Regional Transportation Authority." SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, with respect to the appointment of the membership of the board. In all other respects, this Act shall become effective 30 days after its approval by the Governor or its becoming law without such approval. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Senator Thompson of the 33rd moved that the Senate adopt the Conference Committee report on SB 57. On the motion, 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 Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd N Lamutt N Land N Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak N Price,R Y Price.T Y Ragan Ray Y Roberts Y Scott Y Smith Starr N Stephens Y Stokes Y Streat Y Tanksley Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams On the motion, the yeas were 41, nays 12; the motion prevailed, and the Senate adopted the Conference Committee report on SB 57. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the follow ing bill of the Senate: 1776 JOURNAL OF THE SENATE 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. The Calendar was resumed. HB 256. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for consent to admission to or discharge from a health care facility or placement or transfer to another health care facility or place ment for adults unable to consent. Senate Sponsor: Senator Polak of the 42nd. Senator Polak of the 42nd offered the following amendment: Amend HB 256 by adding on page 7 on line 14 after the word "shall" the following: "within 72 hours" On the adoption of the amendment, the yeas were 35, nays 0, and the Polak amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Ray Y Roberts Y Scott Y Smith 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. TUESDAY, MARCH 23, 1999 1777 The bill, having received the requisite constitutional majority, was passed as amended. The following bills were taken up to consider House action thereto: SB 113. By Senators Stair of the 44th, Walker of the 22nd, Kemp of the 3rd and others: A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Geor gia Annotated, relating to the crimes of assault and battery, so as to provide for the "Crimes Against Family Members Act of 1999"; to provide enhanced penalties for the commission of offenses of simple assault, aggravated assault, simple battery, and aggravated battery against persons in a domestic context. The House amendments were as follows: House Amendment #1: Amend SB 113 by striking from lines 17 and 18 on page 7 the following: "simple assault, simple battery," By striking from line 21 on page 7 the following: "may see or hear", and inserting hi lieu thereof the following: "sees or hears" By striking from line 22 on page 7 the following: "simple assault, simple battery," House Amendment #2: Amend SB 113 by deleting the words "Absent force, duress, or threat of violence" on line 14, page 7, and by capitalizing the "S" in the word "Such" immediately following this phrase House Amendment #3: Amend SB 113 as follows: add the words "excluding siblings" at p 2; 1. 19 p 4; 1. 12 p 5; 1. 11 p 6; 1. 34 following the word "persons" House Amendment #4: Amend SB 113 as follows: Insert a new Section 7 by adding the words "Nothing herein shall be construed to validate a relationship between people of the same sex as a 'mar riage* under the laws of this State" and renumber existing Section 7 to Section 8. Senator Hecht of the 34th moved that the Senate agree to the House amendments to SB 113. On the motion a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush 1778 JOURNAL OF THE SENATE Y Burton Y Butler Y Cable Y Cagle Cheeks Y Crotts Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray Roberts Y Scott Y Smith Starr Y Stephens Y Stokes Streat Y Tanksley Y Tate Y Thomas,D Thomas.N Thompson Y Walker Y Williams On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 113. 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 House substitute was as follows: 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 Article 4 of Chapter 18 of the Official Code of Georgia Annotated, relating to inspection of 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 provide that the prohibitions, procedures, and fees of the article do not apply when public records are requested in writing by a grand jury, taxing authority, law en forcement agency, or prosecuting attorney in certain circumstances; 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- TUESDAY, MARCH 23, 1999 1779 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. \3L) it SiiJiill uc uiilciwlu.1 IOi' tii'iy ^el'SOJU LO lno^jccL Gi* liujjy flliy I'^CGl'uS OI ct Itiw tJiilOi'Cti~ iii^ilL ti^di^y [G WlilCii Lllti |JUullC I1L3 3. TT^JliL GI iiCCttiS Uliutii' pcii'ci^ici^il (,*i/ ui SUDS6C~ HO11 \El/ 01 UGClti kJeCCiuil if\)" ity i i lOJL tllti Jilii^JOSC 01 OuLciiiiin^ Lllc ilcilli^S ciliu 3.uCti'cEiEicE> ul LIic v n^Cii-ilfa OI Ci'iiiicS Oi* jJtjl'SGliSClicli^feul wiLli Ci'iilicS Of Ji^l'SOHS In v ul v cu nl iliuLOT VtlllCiC (^uuiu^llLS OI* OtllGI* inlui liictLnjii COiiLiiiilcu lli SUCli 1'cCOiuS IOi &$\y uuiiiliitil'Clcll SOllClLcltlOii ul ouCii uiuiviuuellS ui" I'tiliiLlVtfci ui SLiuli iiiiliViililiilS. \u) rmrpi'u visions ul ou.ljctcuLj.uii (.as \JL tin.0 Ouvlc ocuLiuii olicill iiul> 1^*1 uirnnt1 me puuiica- 1/1U11 Ul Q U.U11 1111U1 11aatiuu bjr any IICWD iij ici ui nit; u.oc ui DU.UII iiiii 11 UdLL I- i,.\ A.... .... ,,,,..,. ,.,i,. . ..i..!..!..^. ..,,,, ,,,..,,:^l,i i-. ..r L ..i.L .... <:.... ^..i ..r n,;. n ...iu u^..i:.... ..]... n be guilty uf a unsdeineanor.Reserved." SECTION 3. Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping records regarding applications for drivers' licenses and information on licensees, is amended by striking subsection (b) in its entirety and inserting in lieu thereof the following: "(b) The records maintained by the department on individual drivers are exempt from any law of this state requiring that such records be open for public inspection; pro vided, however, that initial arrest reports, accident lepoita, incident reports, and the records pertaining to investigations or prosecutions of criminal or unlawful activity shall be subject to disclosure pursuant to paragraph (4) of subsection (a) of Code Sec tion 50-18-72 and related provisions. Georgia Uniform Motor Vehicle Accident Reports shall be subject to disclosure pursuant to paragraph (4.1) of subsection (a) of Code Sec tion 50-18-72. The department shall not make records or personal information availa ble on any driver except as otherwise provided in this Code section or as otherwise specifically required by 18 U.S.C. Section 2721." SECTION 4. 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 50-18-72, relating to when pub lic disclosure is not required for public records, by striking in its entirety paragraph (4) of subsection (a) and inserting in its place the following: 1780 JOURNAL OF THE SENATE "(4) Records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initial police arrest reports, amdeiil lepuiLs, and initial incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all di rect litigation involving said investigation and prosecution has become final or oth erwise terminated;" SECTION 5. Said Code section relating to when public disclosure is not required for public records is further amended by inserting a new paragraph to be designated paragraph (4.1) to read as follows: "(4.1) Individual Georgia Uniform Motor Vehicle Accident Reports, except upon the submission of a written statement of need by the requesting party, such statement to be provided to the custodian of records and to set forth the need for the report pursuant to this Code section; provided, however, that any person or entity whose name or identifying information is contained in a Georgia Uniform Motor Vehicle Accident Report shall be entitled, either personally or through a lawyer or other rep resentative, to receive a copy of such report; and provided further that Georgia Uni form Motor Vehicle Accident Reports shall not be available in bulk for inspection or copying by any person absent a written statement showing the need for each such report pursuant to the requirements of this Code section. For the purposes of this subsection, the term "need' means that the natural person or legal entity who is re questing in person or by representative to inspect or copy the Georgia Uniform Mo tor Vehicle Accident Report: (A) Has a personal, professional, or business connection with a party to the accident; (B) Owns or leases an interest in property allegedly or actually damaged in the accident; (C) Was allegedly or actually injured by the accident; (D) Was a witness to the accident; (E) Is the actual or alleged insurer of a party to the accident or of property actu ally or allegedly damaged by the accident; (F) Is a prosecutor or a publicly employed law enforcement officer; (G) Is alleged to be liable to another party as a result of the accident; (H) Is an attorney stating that he or she needs the requested reports as part of a criminal case, or an investigation of a potential claim involving contentions that a roadway, railroad crossing, or intersection is unsafe; (I) Is gathering information as a representative of a news media organization; or (J) Is conducting research in the public interest for such purposes as accident pre vention, prevention of injuries or damages in accidents, determination of fault in an accident or accidents, or other similar purposes; provided, however, this subparagraph will apply only to accident reports on accidents that occurred more than 30 days prior to the request and which shall have the name, street address, telephone number and driver's license number redacted." SECTION 6. TUESDAY, MARCH 23, 1999 1781 Said Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relat ing to inspection of public records, is further amended by inserting a new Code Section 50-18-77 to read as follows: "50-18-77. The procedures and fees provided for in this article shall not apply to public records, including records that are exempt from disclosure pursuant to Code Section 50-18-72, which are requested in writing by a state or federal grand jury, taxing authority, law enforcement agency, or prosecuting attorney in conjunction with an ongoing adminis trative, criminal, or tax investigation. The lawful custodian shall provide copies of such records to the requesting agency unless such records are privileged or disclosure to such agencies is specifically restricted by law." SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Land of the 16th moved that the Senate agree to the House substitute to SB 20. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Golden Y Guhl Y Harbison Y Hecht Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y 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 Thomas,N Thompson Walker Y Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 20. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the follow ing bill of the Senate: SB 181. By Senators Walker of the 22nd, Madden of the 47th and Golden of the 8th: 1782 JOURNAL OF THE SENATE 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 following bill was taken up to consider House action thereto: 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 House substitute was as follows: A BILL To be entitled an Act to amend Chapter 5 of Title 53 of the Official Code of Georgia An notated, relating to probate under the Revised Probate Code of 1998, so as to enact the "Uniform Transfer on Death Security Registration Act"; to provide for a short title; to provide for definitions; to provide for registration in beneficiary form with respect to cer tain types of ownership; to provide for applicable state law; to provide for origination of registration; to provide for form and effect of registration; to provide for ownership on death of owner; to provide for protection of registering entities; to provide for nontestamentary transfer on death; to provide for terms, conditions, and forms for registration; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to probate under the Revised Probate Code of 1998, is amended by inserting at the end thereof a new article to read as follows: 53-5-60. "ARTICLE 7 This article shall be known and may be cited as the 'Uniform Transfer on Death Se curity Registration Act.' 53-5-61. As used in this article, the term: (1) 'Beneficiary form' means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. (2) 'Register,' including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities. (3) 'Registering entity* means a person who originates or transfers a security title by registration and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. TUESDAY, MARCH 23, 1999 1783 (4) 'Security* means a share, participation, or other interest in property, in a busi ness, or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security, and a security account. (5) 'Security account' means: (A) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or divi dends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death; or (B) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death. 53-5-62. Only individuals whose registration of a security shows sole ownership by one individ ual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form and not as tenants in common. 53-5-63. A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the loca tion of the registering entity's principal office, the office of its transfer agent or its of fice making the registration, or by this or a similar statute of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or a similar statute is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law. 53-5-64. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the owner ship at the death of the owner or the deaths of all multiple owners. 53-5-65. Registration in beneficiary form may be shown by the words 'transfer on death' or the abbreviation TOD,' or by the words 'pay on death' or the abbreviation 'POD,' after the name of the registered owner and before the name of a beneficiary. 53-5-66. The designation of a transfer on death beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all the then surviving owners without the consent of the beneficiary. 53-5-67. On death of a sole owner or the last to die of all multiple owners, ownership of securi ties registered in beneficiary form passes to the beneficiary or beneficiaries who sur vive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be 1784 JOURNAL OF THE SENATE reregistered in the name of the beneficiary or beneficiaries who survive the death of all owners. Until division of the security after the death of all owners, multiple bene ficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners. 53-5-68. (a) A registering entity is not required to offer or to accept a request for security re gistration in beneficiary form. If a registration in beneficiary form is offered by a reg istering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this article. (b) By accepting a request for registration of a security in beneficiary form, the regis tering entity agrees that the registration will be implemented on death of the de ceased owner as provided in this article. (c) A registering entity is discharged from all claims to a security by the estate, credi tors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with Code Section 53-5-67 and does so in good faith reliance on the regis tration, on this article, and on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviv ing beneficiary's representatives, or other information available to the registering en tity. The protections of this article do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this article. (d) The protection provided by this article to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claim ants to ownership of the security transferred or its value or proceeds. 53-5-69. (a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the register ing entity and this article and is not testamentary. (b) This article does not limit the rights of creditors of security owners against benefi ciaries and other transferees under other laws of this state. 53-5-70. (a) A registering entity offering to accept registrations in beneficiary form may estab lish the terms and conditions under which it will receive requests for registrations in beneficiary form and for implementation of registrations in beneficiary form, including requests for cancellation of previously registered transfer on death beneficiary desig nations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent benefi ciaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indi cated by appending to the name of the primary beneficiary the letters 'LDPS,' stand ing for lineal descendants per stirpes. This designation substitutes a deceased benefi ciary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the benefi- TUESDAY, MARCH 23, 1999 1785 dory's domicile at the owner's death governing inheritance by descendants of an intes tate. Other forms of identifying beneficiaries who are to take on one or more contin gencies and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accu rate implementation of registrations in beneficiary form may be contained in a regis tering entity's terms and conditions. (b) The following are illustrations of registrations in beneficiary form which a register ing entity may authorize: (1) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown, Jr.; (2) Multiple owners-sole beneficiary: John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr.; (3) Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr., SUB BENE Peter Q. Brown or John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr., LDPS. 53-5-71. This article applies to registrations of securities in beneficiary form made before or af ter July 1, 1999, by decedents dying on or after July 1, 1999." 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. Senator Crotts of the 17th moved that the Senate agree to the House substitute to SB 12. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Smith Starr Y Stephens Y Stokes Streat Y Tanksley Y Tate Y Thomas,D Thomas,N Thompson Y Walker Y Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 12. 1786 JOURNAL OF THE SENATE The following message was received from the House through Mr. Kivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the follow ing bills of the Senate: 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. SB 236. By Senators Streat of the 19th, Price of the 28th, Cheeks of the 23rd and others: A bill to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Geor gia Annotated, relating to the uniform rules of the road regarding accidents, so as to change certain provisions relating to the duty to remove a vehicle from the roadway of an expressway or multilane highway; to provide an effec tive date. The House insists on its position in substituting the following bill of the Senate: 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. The House has agreed to Senate amendment No. 1 and disagreed to Senate amendment No. 2 to the following bill of the House: HB 100. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000. The House has disagreed to the Senate substitute to the following bill of the House: 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. The House has passed, by substitute, by the requisite constitutional majority the follow ing bill of the Senate: SB 72. By Senators Hill of the 4th and Marable of the 52nd: TUESDAY, MARCH 23, 1999 1787 A bill to amend Code Section 15-11-5 of the Official Code of Georgia Anno tated, relating to the jurisdiction of the juvenile court, so as to provide for the court's jurisdiction over certain proceedings initiated by local boards of educa tion; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for grants to schools and school systems which develop and implement certain compacts among teachers, students, and parents. The House has disagreed to the Senate substitute to the following bill of the House: 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. The House has agreed to the Senate amendment to the House substitute, as amended by the House, to the following bill of the Senate: SB 200. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create the Consumers' Insurance Advocate and deputy ad vocate; to provide definitions; to provide powers; to provide for compensation; to provide for entries of appearance; to provide for notice and discovery; to pro vide for remedies; to provide for employment of consultants, experts, wit nesses, and other employees. The House has disagreed to the Senate amendment to the following bill of the House: HB 256. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for consent to admission to or discharge from a health care facility or placement or transfer to another health care facility or place ment for adults unable to consent. At 6:50 p.m., Senator Walker of the 22nd moved that the Senate stand in recess until 11:00 p.m. and at that time adjourn until 10:00 a.m. tomorrow; the motion prevailed. At 11:00 p.m. the Senate adjourned. 1788 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, March 24, 1999 Fortieth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Muggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolutions of the Senate: SR 157. By Senators Jackson of the 50th and Thompson of the 33rd: A resolution designating the Andrew Jackson Ash Memorial Bridge. SR 116. By Senators Madden of the 47th, Broun of the 46th and Cheeks of the 23rd: A resolution creating the Joint Mental Health, Mental Retardation, and Sub stance Abuse Service Delivery Study Committee. The House has passed by the requisite constitutional majority the following bills of the Senate: SB 146. By Senators Ray of the 48th, Hecht of the 34th, Kemp of the 3rd and others: A bill to amend Article 2 of Chapter 14 of Title 15 of the Official Code of Geor gia Annotated, relating to training and certification of court reporters, so as to change the composition of the Board of Court Reporting of the Judicial Council by expanding the membership thereof. 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. SB 178. By Senators Walker of the 22nd and Dean of the 31st: A bill to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Geor gia Annotated, The Telecommunications and Competition Development Act of 1995," so as to change certain provisions relating to written authorization of charges made by telecommunications companies for services provided by third parties; to provide that such requirements shall apply to third parties that are not affiliated with the telecommunications company. The House has agreed to the Senate substitutes to the following bills of the House: WEDNESDAY, MARCH 24, 1999 1789 HB 1009. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the provisions relating to the compensation of the sheriff. HB 1010. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relating to the compensation of the chairperson and members of the board. HB 1012. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act consolidating the offices of tax receiver and tax collec tor of Clayton County into the office of tax commissioner, so as to change the provisions relating to the salary of the tax commissioner. HB 1013. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of the judge of the probate court; to provide for a deputy election superintendent and the ap pointment, duties, and compensation of such person. HB 1014. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the chief judge of said court; to change the compensation of the solicitor-general of said court. HB 1015. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to increase the salary of the clerk of the Superior Court of Clayton County. HB 101. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 1998-1999, so as to change certain appropriations for the State Fiscal Year 1998-1999. The House has adopted the report of the Committee of Conference on the following bill of the Senate: SB 57. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd: A bill to provide for the Georgia Regional Transportation Authority; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change certain provisions relating to transit ser- 1790 JOURNAL OF THE SENATE vices with local governments; to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor's planning and development, so as to change certain provisions relating to composition, appointment of members, and meetings of the Governor's Development Council. The following resolution was introduced, read the first time and referred to committee: SR 374. By Senators Hill of the 4th, Marable of the 52nd and Lamutt of the 21st: A resolution creating the Senate Study Committee on School Transportation, Nutrition, and Support Personnel. Referred to Committee on Rules. The following committee report was read by the Secretary: Mr. President: The Committee on State and Local Governmental Operations has had under 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 160. Do pass. SB 162. Do pass. HB 273. Do pass as amended. HB 274. Do pass. HB 436. Do pass. HB 508. Do pass. HB 547. Do pass. HB 680. Do pass by substitute. HB 739. Do pass. HB 866. Do pass. HB 938. Do pass. HB 960. Do pass. HB 961. Do pass. HB 962. Do pass. HB 968. Do pass. HB 970. Do pass as amended. HB 976. Do pass. HB 980. Do pass. HB 985. Do pass. HB 986. Do pass. HB 989. Do pass by substitute. HB 990. Do pass. HB 991. Do pass. HB 992. Do pass. HB 1000. Do pass as amended. HB 1001. Do pass as amended. HB 1002. Do pass. HB 1003. Do pass as amended. HB 1004. Do pass. HB 1005. Do pass. HB 1019. Do pass. HB 1021. Do pass. HB 1022. Do pass. HB 1034. Do pass. HB 1035. Do pass. HB 1036. Do pass. HB 1049. Do pass. HB 554. Do pass. HB 957. Do pass. HB 966. Do pass. HB 974. Do pass. HB 973. Do pass by substitute. Respectfully submitted, Senator Thomas of the 10th District, Chairman Senator Scott of the 36th moved that Senator Thompson of the 33rd be excused. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Thompson was excused. Senator Gillis of the 20th moved that Senator Starr of the 44th be excused. On the mo tion, the yeas were 34, nays 0; the motion prevailed, and Senator Starr was excused. WEDNESDAY, MARCH 24, 1999 1791 The President called for the morning roll call, and the following Senators answered to their names: Blitch Bowen Broun, 46th Brown, 26th Brush Burton Butler Cable Cagle Cheeks Crotts Dean Egan Fort Gillis Gingrey Golden Guhl Harbison Hecht Hill Hooks Huggins Jackson James Johnson.D Johnson.E Ladd Lamutt Land Lee Madden Marable Meyer von Bremen Perdue Polak Price.R Price.T Ragan Roberts Scott Smith Stephens Stokes Streat Tanksley Tate Thomas,D Thomas,N Walker Williams Those not answering were: Balfour Kemp Ray Starr (excused) Thompson (excused) The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Polak of the 42nd introduced the chaplain of the day, Dr. Rick Lanford, of Macon, Georgia, who offered scripture reading and prayer. 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 24, 1999 FORTIETH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the leg islation.) SB 160 Crotts, 17th HENRY COUNTY 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. SB 162 Crotts, 17th HENRY COUNTY 1792 JOUENAL OF THE SENATE HB 273 HB 274 HB 436 HB 508 HB 547 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 compensation of such members. Burton, 5th Thomas, 10th Ladd, 41st Polak, 42nd Stokes, 43rd Butler, 55th DEKALB COUNTY A bill to provide for the creation of one or more community improve ment districts in DeKalb County and in each municipality in such county.(AMENDMENT) Burton, 5th Thomas, 10th Ladd, 41st Polak, 42nd Stokes, 43rd Butler, 55th DEKALB COUNTY A bill to amend an Act known as the "DeKalb County Community Im provement District Act," so as to change the short title of the Act. Meyer von Bremen, 12th CITY OF CUTHBERT A bill to provide a new charter for the City of Cuthbert. Lamutt, 21st Dean, 31st Tanksley, 32nd Thompson, 33rd Gingrey, 37th Tate, 38th Stephens, 51st Marable, 52nd Price, 56th LAKE ALLATOONA PRESERVATION AUTHORITY A bill to create the Lake Allatoona Preservation Authority. Lamutt, 21st Tanksley, 32nd Thompson, 33rd Gingrey, 37th Tate, 38th COBB COUNTY WEDNESDAY, MARCH 24, 1999 1793 HB 680 HB 739 HB 866 HB 938 HB 960 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. Perdue, 18th Brown, 26th Cable, 27th CITY OF MACON A bill to amend an Act known as the "Macon Water Authority Act," so as to provide for additional purposes, powers, and definitions; to pro vide for matters having to do with industrial development.(SUBSTITUTE) Stephens, 51st CITY OF EAST ELLIJAY A bill to provide a new charter for the City of East Ellijay. Lamutt, 21st Tanksley, 32nd Thompson, 33rd Gingrey, 37th Tate, 38th COBB COUNTY A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to change the bound aries of the seven education districts for the election of members of the Board of Education of Cobb County. Burton, 5th Thomas, 10th Ladd, 41st Polak, 42nd Stokes, 43rd Butler, 55th DEKALB COUNTY A bill to amend an Act creating the DeKalb County Civic Center Au thority, so as to change provisions relating to the appointment of mem bers to such authority. Ray, 48th Cagle, 49th CITY OF GUMMING A bill to amend an Act creating a new charter for the City of Gum ming, so as to create the Municipal Court of the City of Gumming in lieu of the Police Court of the City of Gumming. 1794 JOURNAL OF THE SENATE HB 961 HB 962 HB 968 HB 970 HB 973 HB 976 HB 980 Ray, 48th Cagle, 49th FORSYTH COUNTY A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the compensation and per diem expense allow ance of the chairperson and members of the board of commissioners. Ray, 48th Cagle, 49th FORSYTH COUNTY A bill to amend an Act creating and establishing a civil service system in Forsyth County for the employees of Forsyth County, so as to ex empt certain employees of the sheriff from the civil service system and from any rights, protections, privileges, or right of appeal under the civil service system. Roberts, 30th CITY OF DOUGLASVILLE A bill to provide a new charter for the City of Douglasville. Roberts, 30th Hecht, 34th CITY OF LITHIA SPRINGS A bill to provide a new charter for the City of Lithia Springs.(AMENDMENT) Cable, 27th MONROE COUNTY A bill to amend an Act entitled "An Act to abolish the present mode of compensating the coroner of Monroe County," so as to change the com pensation of the coroner. (SUBSTITUTE) Lamutt, 21st Tanksley, 32nd Thompson, 33rd Gingrey, 37th Tate, 38th COBB COUNTY A bill to amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court. Lee, 29th MERIWETHER COUNTY WEDNESDAY, MARCH 24, 1999 1795 HB 985 HB 986 HB 989 HB 990 HB 991 HB 992 HB 1000 HB 1001 A bill to amend an Act creating the Meriwether County Public Facili ties Authority, so as to redefine a certain term; to expand a certain general power. Streat, 19th BACON COUNTY A bill to provide that the judge of the Probate Court of Bacon County shall also serve as the chief magistrate of the Magistrate Court of Ba con County; to provide for compensation; to provide for transition. Brush, 24th TOWN OF TIGNALL A bill to amend an Act granting a new charter to the Town of Tignall, so as to provide for staggered terms for the election of the mayor and councilmembers. Stephens, 51st CITY OF BLUE RIDGE A bill to amend an Act providing a new charter for the City of Blue Ridge, so as to change the corporate limits of the city.(SUBSTITUTE) Perdue, 18th HOUSTON COUNTY A bill to amend an Act relating to the Board of Education of Houston County, so as to change provisions relating to the compensation of the members of the board. Williams, 6th PIERCE COUNTY A bill to amend an Act creating a Board of Commissioners of Pierce County, so as to change the compensation for the chairperson. Streat, 19th CITY OF ALMA A bill to amend an Act creating a new charter for the City of Alma, so as to provide for staggered terms for the members of the city council. Williams, 6th PIERCE COUNTY A bill to amend an Act providing for the composition and selection of the Board of Education of Pierce County, so as to change the compen sation of the members of the board of education.(AMENDMENT) Williams, 6th BRANTLEY COUNTY 1796 JOURNAL OF THE SENATE HB 1002 HB 1003 HB 1004 HB 1005 HB 1019 HB 1021 HB 1022 A bill to amend an Act providing for the election of members of the Board of Education of Brantley County, so as to change the provisions relating to the compensation of the members of the board.(AMENDMENT) Lamutt, 21st Tanksley, 32nd Thompson, 33rd Gingrey, 37th Tate, 38th COBB COUNTY A bill to amend an Act creating the State Court of Cobb County, so as to change the provisions relating to the filling of a vacancy in the of fice of solicitor. Cagle, 49th HALL COUNTY A bill to create the Hall County Commission for Children and Families.(AMENDMENT) Crotts, 17th HENRY COUNTY A bill to amend an Act creating the Henry County Water and Sewer age Authority, so as to change the provisions relating to compensation of members of the authority and powers of the authority. Harbison, 15th Land, 16th MUSCOGEE COUNTY and CITY OF COLUMBUS A bill to amend an Act providing for a new charter for the county-wide government of Columbus, so as to change certain provisions regarding the jurisdiction of the municipal court of Columbus. Broun, 46th OCONEE COUNTY A bill to provide for the compensation of the Oconee County board of education. Burton, 5th Balfour, 9th Ladd, 41st Ray, 48th Price, 56th GWINNETT COUNTY A bill to create the Springbrook Golf Course Commission. Streat, 19th DODGE COUNTY WEDNESDAY, MARCH 24, 1999 1797 HB 1034 HB 1035 HB 1036 HB 1049 HB 554 HB 957 A bill to amend an Act creating the office of commissioner of Dodge County, so as to change provisions relating to the parliamentary proce dure for meetings of the board of commissioners; to change provisions relating to advertisement and bidding of purchases. Streat, 19th JEFF DAVIS COUNTY A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to provide for a range of compensation for the chairper son and members of the board of commissioners. Streat, 19th CITY OF HAZELHURST A bill to amend an Act providing a new charter for the City of Hazlehurst, so as to change the corporate limits of the City of Hazlehurst by annexing certain territory into the city. Cable, 27th CRAWFORD COUNTY A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation received by the chairperson and the other members of said board. Cagle, 49th CITY OF GAINESVILLE A bill to amend an Act creating the Gainesville Redevelopment Author ity, so as to provide for additional powers of the Gainesville Redevelop ment Authority. PURSUANT TO ARTICLE VII, SECTION II, PARAGRAPH IV OF THE CONSTITUTION, THE FOLLOWING LOCAL BILLS RELATING TO HOMESTEAD EXEMPTIONS REQUIRE A TWO-THIRDS ROLLCALL VOTE FOR PASSAGE: Stephens, 51st FANNIN COUNTY 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. Ray, 48th Cagle, 49th FORSYTH COUNTY 1798 JOURNAL OP THE SENATE A bill to amend an Act increasing the homestead exemption from cer tain ad valorem taxes levied by Forsyth County for county purposes, so as to increase the amount of such exemption over a three-year period; to amend an Act providing a homestead exemption from Forsyth County ad valorem taxes for county ad valorem taxes for county pur poses for certain residents 65 years or over. HB 966 Harbison, 15th CITY OF CUSSETA A bill to provide a homestead exemption from City of Cusseta ad valorem taxes for city purposes, including taxes levied by the city to pay interest on and to retire bonded indebtedness, in the amount of the assessed value of the homestead for certain residents of that city who are 65 years of age or over. HB 974 Cable, 27th MONROE COUNTY A bill to provide a homestead exemption from certain Monroe County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that county and a homestead exemption from Monroe County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over. The amendments and substitutes to the following bills were put upon their adoption: *HB 273: The Senate State and Local Governmental Operations Committee offered the following amendment: Amend HB 273 by striking line 35 of page 1 and inserting in lieu thereof the following: "procedures; to provide that no community improvement districts may be created pur suant to this Act on or after a specified date; to provide for severability; to provide for an". By striking line 20 of page 20 and inserting in lieu thereof the following: "dissolution of the specific community improvement district by". By striking line 23 of page 20 and inserting in lieu thereof the following: "specific community improvement district by:". By striking line 27 of page 20 and inserting in lieu thereof the following: "district; or". By striking line 35 of page 20 and inserting in lieu thereof the following: "or (B) of this paragraph shall be submitted to the". By inserting between line 39 of page 21 and line 1 of page 22 the following: "SECTION 15. WEDNESDAY, MARCH 24, 1999 1799 No community improvement district may be created pursuant to this Act on or after January 1, 2003." By renumbering Sections 15, 16, 17, and 18 as Sections 16, 17, 18, and 19, respectively. On the adoption of the amendment, the yeas were 49, nays 1, and the amendment was adopted. *HB 680: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 680: A BILL To be entitled an Act to amend an Act known as the "Macon Water Authority Act," ap proved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, particularly by an Act ap proved March 25, 1996 (Ga. L. 1996, p. 3619), so as to provide for additional purposes, powers, and definitions; to provide for matters having to do with industrial development; to authorize said authority to contract with Bibb County and the Macon-Bibb County In dustrial Authority with respect to the acquisition, construction, or development of indus trial sites or facilities; to provide for the limited use of funds of said authority received from water and sewer revenues for specified purposes and powers; to provide for a re volving fund; to provide for the pledge of funds to pay certain revenue bonds; to provide for options on property; to provide that water and sewer revenues of said authority will not be used for any purpose which would impair the payment of any obligations on reve nue bonds issued by or on behalf of the authority; to provide for an effective date; to re peal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3619), is amended by adding at the end of Section 3 thereof a new sentence to read as follows: "The authority shall also have the purpose of assisting the City of Macon, Bibb County, and the Macon-Bibb County Industrial Authority with respect to industrial development as set forth in paragraph (19.1) of Section 5 of this Act." SECTION 2. Said Act is further amended by adding at the end of paragraph (3) of Section 4 thereof a new sentence to read as follows: "'Project' shall also include all things used or useful in connection with the perform ance of any of the contracts with respect to industrial development as authorized in paragraph (19.1) of Section 5 of this Act." SECTION 3. Said Act is further amended by striking "and" at the end of paragraph (19) of Section 5 thereof and adding immediately thereafter the following: "(19.1KA) To enter into a contract or contracts with Bibb County, the Macon-Bibb County Industrial Authority, or both, with respect to acquiring and developing in dustrial sites and facilities, including, without limitation, the construction or reno vation of buildings and facilities for lease or sale to industrial or other companies providing employment within Bibb County. The power granted by this paragraph 1800 JOURNAL OF THE SENATE (19.1) shall not extend to any activities used or useful in connection with the col lection, treatment, reuse, or disposal of municipal solid waste as defined in para graph (18) of Code Section 12-8-22. The authority may utilize its revenues from its water and sewer operations for the performance of such contracts; provided, how ever, such contracts shall not require nor permit the expenditure of authority funds in excess of $704,000.00 per annum nor an aggregate of more than $17,600,000.00 over the life of the contract; (B) To create a revolving fund for the funding of the contracts authorized in subparagraph (A) or in anticipation of such contracts. Any funds paid into such fund by the authority shall be subject to the limitation provided in subparagraph (A) of this paragraph and funds deposited therein shall be utilized solely for the pur poses authorized by said subparagraph (A). Any funds received by the authority from any contract authorized in said subparagraph (A) not required to be utilized in the performance of such contract or contracts shall be deposited into such re volving fund so as to maintain the availability of funds for additional or new con tracts of the same type or nature. Funds recovered from any such project and de posited into the revolving fund shall not be counted for the limitation purposes provided in said subparagraph (A); (C) No contract authorized by this paragraph (19.1) shall extend for a period longer than 50 years; (D) No contract will be entered into pursuant to the authority of this paragraph (19.1) which would impair the payment of any obligations on revenue bonds is sued by or on behalf of the authority; (E) To pledge the payment of any funds authorized by this paragraph (19.1) to be used for any of the purposes set forth in this paragraph (19.1) to the repayment of any revenue bonds issued by the authority, the City of Macon, Bibb County, or the Development Authority of Bibb County for the purpose of raising funds to carry out the provisions of any contract or contracts entered into under the au thority of this paragraph (19.1); and (F) To use reasonable amounts of the funds authorized in subparagraph (A) of this paragraph to obtain options on property or properties sought to be acquired for the purposes set out in that subparagraph; and". SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 49, nays 1, and the substitute was adopted. *HB 970: The Senate State and Local Governmental Operations Committee offered the following amendment: Amend HB 970 by striking line 26 of page 1 and inserting in lieu thereof the following: "provide for an effective date; to provide for automatic repeal of this Act in certain cir cumstances; to repeal a specific Act; to". WEDNESDAY, MARCH 24, 1999 1801 By striking line 3 of page 2 and inserting in lieu thereof the following: "Springs." By inserting between lines 4 and 5 of page 35 the following: "SECTION 7.17. Contingent automatic repealer. Upon a final judgment affirming the court order issued on or about December 30, 1998, which declared that the city charter was void, this charter shall be automatically re pealed in its entirety. In such circumstances, it shall be the duty of the prevailing party to provide a copy of the decision affirming such court order to the Secretary of State." By renumbering Section 7.17 as Section 7.18. On the adoption of the amendment, the yeas were 49, nays 1, and the amendment was adopted. *HB 973: The State and Local Governmental Operations Committee offered the following substi tute to HB 973: A BILL To be entitled an Act to amend an Act entitled "An Act to abolish the present mode of compensating the coroner of Monroe County," approved April 4, 1967 (Ga. L. 1967, p. 2599), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3827), so as to change the compensation of the coroner; to provide for a cost-of-living sal ary increase; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled "An Act to abolish the present mode of compensating the coroner of Monroe County," approved April 4, 1967 (Ga. L. 1967, p. 2599), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3827), is amended by striking Sec tion 2 of such Act and inserting in lieu thereof the following: "SECTION 2. The coroner shall receive an annual salary of $6,000.00, payable in equal monthly in stallments from the funds of Monroe County. When the governing authority of Monroe County grants a cost-of-living increase in the compensation of county employ ees, the percentage by which the compensation of county employees is increased shall be applied to the then current salary of the coroner, and the salary of the coroner shall be increased by such average percentage." SECTION 2. 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 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 49, nays 1, and the substitute was adopted. *HB 989: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 989: 1802 JOURNAL OF THE SENATE A BILL To be entitled an Act to amend an Act providing a new charter for the City of Blue Ridge, approved March 21, 1989 (Ga. L. 1989, p. 3823), so as to change the corporate limits of the city; to annex additional territory; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new charter for the City of Blue Ridge, approved March 21, 1989 (Ga. L. 1989, p. 3823), is amended by adding a new Section 1.11B to read as follows: "SECTION 1.11B. Additional corporate boundaries. In addition to the corporate boundaries of the City of Blue Ridge provided elsewhere in this Act or as provided pursuant to the authority of the laws of this state, the cor porate limits of said city shall also include the following: TRACT T)-l' ALL that tract or parcel of land lying and being in the 8th District and 2nd Section of Fannin County, Georgia, and being a part of Land Lots No. 241 and 264, and be ing more particularly described as follows: BEGINNING at the intersection of the easterly right-of-way line of County Road No. 103 and the northerly right-of-way line of County Road No. 90; thence with the east erly right-of-way line of County Road No. 103 as follows: N1609"E a distance of 140.0 feet; NOO53"W a distance of 127.9 feet; N1551"W a distance of 174.2 feet; Northerly 80 feet; N3640"W a distance of 292.9 feet to a point; thence leaving said road and running N5515"E a distance of 25.6 feet to an iron pin; thence N5515"E a distance of 248.0 feet to an iron pin; thence N1713"W a distance of 297.6 feet to an iron pin; thence S6311"W a distance of 85.9 feet to an iron pin; thence NOO35"E a distance of 426.9 feet to an iron pin on the centerline of an old road; thence with the centerline of said old road the following courses and distances: S8209"E a dis tance of 187.6 feet; S7405"E a distance of 168.0 feet; S7449"E a distance of 182.2 feet; S6309"E a distance of 170.9 feet; S7450"E a distance of 120.6 feet; N6431"E a distance of 109.8 feet; S7713"E a distance of 146.9 feet; S7453"E a distance of 183.1 feet; S7305"E a distance of 147.9 feet; thence continuing with the centerline of said old road Easterly across the property of L & N Railroad to a point on the centerline of said old road located on the easterly right-of-way line of L & N Rail road Murphy Spur; thence continuing with the centerline of said old road S6817"E to the present northerly right-of-way line of County Road No. 90; Thence Southwest erly and then Westerly with the present northerly right-of-way line of said County Road No. 90 to the POINT OF BEGINNING. There is EXCEPTED from the above-described tract of land that certain parcel of land designated as 'Property Claimed By Grady E. Farmer' as shown on plat of sur vey entitled 'Survey For Fannin County Industrial Development Authority,' dated May 26, 1989, and revised August 30, 1989, and prepared by Mike L. Hampton, G.R.L.S. No. 2452. All bearings and distances, and most other measurements given in the above description were taken from a plat of survey entitled 'City of Blue Ridge Industrial Park,' dated July 28, 1982, and revised April 26, 1985, and recorded in Plat Book 15, page 45, of the Fannin County Records. TRACT 'D-2' WEDNESDAY, MARCH 24, 1999 1803 ALL that tract or parcel of land lying and being in the 8th District and 2nd Section of Fannin County, Georgia, and being a part of Land Lots No. 240 and 241, and be ing more particularly described as follows: BEGINNING at the intersection of the original southern boundary line of Land Lot No. 241, and the northerly right-of-way line of County Road No. 90; thence East with the original line to an iron stake at an old road near original corner; thence Northeast with the old road to the first branch; thence up the branch 30 yards, more or less, to a marked white oak tree; thence a Northwest direction with the William Long conditional line up an old wire fence to a marked white oak tree on bank of road near house where Luke Elrod now lives; thence Southwest with public road on top of ridge to first hollow on west side of ridge; thence down the hollow in a West direction to the northeast corner of Tract 'D-l' described above; thence Southwesterly with the present northerly right-of-way line of County Road No. 90 to the POINT OF BEGINNING. The above-described Tract 'D-2' is a portion of that same property conveyed by war ranty deed From Tri-State Realty Company, Inc. to the City of Blue Ridge, said war ranty deed being dated May 9, 1966, and recorded in Deed Book 32, page 203-204, of the Fannin County Records. Portions of the above description of Tract 'D-2' were taken from description given in said deed. TRACT T>-3' BEGINNING at the intersection of the northeasterly boundary of the present corpo rate limits of Tract 'A' of the City of Blue Ridge and the easterly right-of-way line of County Road No. 103 (a/k/a Ada Street); thence Northerly with the easterly right-ofway line of County Road No. 103 to the northerly right-of-way line of Farm Road, said Farm Road being a paved road located inside the Blue Ridge Industrial Park property, thence Westerly with a line which is normal to the centerline of County Road No. 103 to the westerly right-of-way line of County Road No. 103; thence Southerly with the westerly right-of-way line of County Road No. 103 to the north easterly boundary of the present corporate limits of Tract 'A' of the City of Blue Ridge; thence Southeasterly with the said northeasterly boundary of the present cor porate limits of Tract 'A' of the City of Blue Ridge to the POINT OF BEGINNING. TRACT 'D-4' BEGINNING at the intersection of the northeasterly boundary of the present corpo rate limits of Tract 'A' of the City of Blue Ridge and the easterly right-of-way line of County Road No. 87 (a/k/a Windy Ridge Road); thence Northerly with the easterly right-of-way line of County Road No. 87 to the property line of the City of Blue Ridge, said property line of the City of Blue Ridge being the southern boundary of aforesaid Tract 'D-2' described herein; thence Westerly with said property line of the City of Blue Ridge to the westerly right-of-way line of County Road No. 87; thence Southerly with the westerly right-of-way line of said County Road No. 87 to the northeasterly boundary of the present corporate limits of Tract 'A' of the City of Blue Ridge; thence Southeasterly with the said northeasterly boundary of the pres ent corporate limits of Tract 'A' of the City of Blue Ridge to the POINT OF BEGINNING. The corporate boundaries of the City of Blue Ridge shall also include the following: BEGINNING at the intersection of the centerline of the Toccoa River and the east erly right-of-way line of Georgia Highway APD 515; thence Southwesterly and then Westerly with the southerly right-of-way line of said Georgia Highway APD 515 to a 1804 JOURNAL OF THE SENATE right-of-way marker located right 150 feet from centerline station 99+00 (said rightof-way marker is as shown on Georgia D.O.T. Right-Of-Way Map, Sheet 8, Project APD-056-2(4) dated 7/25/78 and revised 7/26/82, and said map is incorporated herein by reference); thence running Westerly in a straight line to a right-of-way marker located right 220 feet from centerline station 94+50 (said right-of-way marker is as shown on Georgia D.O.T. Richt-Of-Way Map, Sheet 8, Project APD-0562(4) dated 7/25/78 and revised 7/26/82, and said map is incorporated herein by refer ence); thence Westerly with the southerly right-of-way line of said Georgia Highway APD 515 to the northeasterly boundary of the present corporate limits of Tract 'A' of the City of Blue Ridge (said corporate limits of Tract 'A' of the City of Blue Ridge being fully described in the current City Charter of the City of Blue Ridge); thence Northwesterly with the said northeasterly boundary of the present corporate limits of said Tract 'A' of the City of Blue Ridge to the northerly right-of-way line of Geor gia Highway APD 515; thence Easterly and then Northeasterly with the northerly right-of-way line of said Georgia Highway APD 515 to the centerline of the Toccoa River; thence Southeasterly with the centerline of the said Toccoa River to the POINT OF BEGINNING." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 49, nays 1, and the substitute was adopted. *HB 1000: The Senate State and Local Governmental Operations Committee offered the following amendment: Amend HB 1000 by striking all matter on lines 22 and 23 of page 1 and inserting in lieu thereof the following: "compensated by a monthly salary which shall be equal to one-half of the monthly sal ary being paid as of January 1, 1999, to each member of the board of commissioners of Pierce County. Each member shall also receive for each day spent out of the county on official business of the school board a daily expense allowance and mileage allowance equal in amount to the daily expense allowance and mileage allowance received by members of the General Assembly for service as members of interim committees of the General Assembly." On the adoption of the amendment, the yeas were 49, nays 1, and the amendment was adopted. *HB 1001: The Senate State and Local Governmental Operations Committee offered the following amendment: Amend HB 1001 by striking the figure "$150.00" on line 18 of page 1 and inserting in its place the figure "$200.00". By striking the figure "$25.00" on line 20 of page 1 and inserting in its place the figure "$40.00". By adding immediately before the period on line 23 of page 1 the following: WEDNESDAY, MARCH 24, 1999 1805 "Each member shall also receive for each day spent out of the county on official busi ness of the school board a daily expense allowance and mileage allowance equal in amount to the daily expense allowance and mileage allowance received by members of the General Assembly for service as members of interim committees of the General Assembly." On the adoption of the amendment, the yeas were 49, nays 1, and the amendment was adopted. *HB 1003: The Senate State and Local Governmental Operations Committee offered the following amendment: Amend HB 1003 by striking from lines 3 and 4 on page 9 the following: "one time each calendar month", and inserting in lieu thereof the following: "four times each calendar year". On the adoption of the amendment, the yeas were 49, nays 1, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbisoh 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 N Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Tanksley Y Tate Y Thomas,D Y Thomas,N EX Thompson Walker Y Williams On the passage of the local bills, the yeas were 49, nays 1. The bills on the Local Consent Calendar, except HB 273, HB 680, HB 970, HB 973, HB 989, HB 1000, HB 1001, and HB 1003, having received the requisite constitutional ma jority, were passed. 1806 JOURNAL OF THE SENATE HB 273, HB 970, HB 1000, HB 1001 and HB 1003, having received the requisite consti tutional majority, were passed as amended. HB 680, HB 973 and HB 989, having received the requisite constitutional majority, were passed by substitute. The following communication was received by the Secretary: March 24, 1999 To The Secretary of the Senate: My vote to the Local Consent Calendar was inadvertently recorded as "no". I intended to vote "yes". Please record as a "yes". /s/ Billy Ray - 48th District Senator Tate of the 38th introduced the doctor of the day, Dr. Harrison Rogers, of Decatur, Georgia. Senator Gillis of the 20th assumed the Chair. The following resolutions were read and adopted: SR 370. By Senator Perdue of the 18th: A resolution expressing regret at the passing of Vivian Kersey Blackstock. SR 371. By Senators Brush of the 24th and Cheeks of the 23rd: A resolution commending the Augusta Christian School Lions basketball team. SR 372. By Senators Hill of the 4th and Ragan of the llth: A resolution recognizing and commending John Norris Kunney, Sr. SR 373. By Senators Ray of the 48th, Balfour of the 9th, Ladd of the 41st and others: A resolution commending Coach Tom Schie. SR 375. By Senators Brush of the 24th and Cheeks of the 23rd: A resolution commending the Briarwood Academy Runnin' Bucs basketball team. SR 376. By Senator Ray of the 48th: A resolution commending and congratulating the Collins Hills Eagles 7-8 yearold National Pee Wee All-Star team. SR 377. By Senator Crotts of the 17th: A resolution commending Alex Gross. SR 378. By Senator Thomas of the 10th: A resolution commending Linda Singer. SR 379. By Senator Thomas of the 10th: A resolution commending Ethel D. Brown. SR 380. By Senator Thomas of the 10th: A resolution commending Bronwynne Johnson. SR 381. By Senator Thomas of the 10th: WEDNESDAY, MARCH 24, 1999 1807 A resolution commending Tasha N. Ellis. SR 382. By Senator Thomas of the 10th: A resolution commending Paul Ware. The President resumed the Chair. The following bills were taken up to consider House action thereto: 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. Senator Thomas of the 54th moved that the Senate insist on its substitute to HB 855. On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 855. HB 256. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for consent to admission to or discharge from a health care facility or placement or transfer to another health care facility or place ment for adults unable to consent. Senator Polak of the 42nd moved that the Senate insist on its amendment to HB 256. On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 256. HB 100. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000. Senator Walker of the 22nd moved that the Senate insist on amendment #2 to HB 100. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted on Senate amendment #2 to HB 100. SB 72. By Senators Hill of the 4th and Marable of the 52nd: A bill to amend Code Section 15-11-5 of the Official Code of Georgia Anno tated, relating to the jurisdiction of the juvenile court, so as to provide for the court's jurisdiction over certain proceedings initiated by local boards of educa tion; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for grants to schools and school systems which develop and implement certain compacts among teachers, students, and parents. The House substitute was as follows: A BILL 1808 JOURNAL OF THE SENATE To be entitled an Act to amend Code Section 15-11-5 of the Official Code of Georgia An notated, 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 education; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change certain provisions regarding special instruc tional assistance programs for students with developmental deficiencies; to change the provisions regarding program counts for students in the program established in Code Section 20-2-161.1; to provide for grants to schools and school systems which develop and implement certain compacts among teachers, students, and parents; to change the standards for eligibility for middle school grants which relate to foreign language in struction; to provide for the application of mandatory education requirements to children between ages seven and 16 apply who are assigned to alternative public school programs and to the parents, guardians, or other persons having control or charge of such chil dren; to authorize the juvenile court, upon the petition of a local board of education, to order parents or guardians to attend school conferences regarding their children's disci plinary problems; to provide for related matters; to provide for an effective date; to re peal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdic tion of the juvenile court, is amended by striking in its entirety subsection (a) and in serting in lieu thereof a new subsection (a) to read as follows: "(a) Exclusive original jurisdiction. Except as provided in subsection (b) of this Code section, the court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action: (1) Concerning any child: (A) Who is alleged to be delinquent; (B) Who is alleged to be unruly; (C) Who is alleged to be deprived; (D) Who is alleged to be in need of treatment or commitment as a mentally ill or mentally retarded child; (E) Who is alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-49; or (F) Who has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the sole purpose of completing, effectuating, and enforcing such supervision or a probation begun prior to the individual's seventeenth birthday; or (2) Involving any proceedings: (A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any person if such consent is required by law; (B) Under the Interstate Compact on Juveniles, or any comparable law, if enacted or adopted in this state; (C) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child, other than that in connec tion with adoption proceedings under Chapter 8 of Title 19, in which the superior WEDNESDAY, MARCH 24, 1999 1809 courts shall have concurrent jurisdiction to terminate the legal parent-child rela tionship and the rights of the biological father who is not the legal father of the child; or (D) Under Article 3 of this chapter, relating to prior notice to a parent or guard ian relative to an unemancipated minor's decision to seek an abortion:; or (E) Brought by a local board of education pursuant to Code Section 20-2-766.1." SECTION 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-153, relating to spe cial instructional assistance programs under the "Quality Basic Education Act" for stu dents with developmental deficiencies, and inserting in its place a new Code Section 202-153 to read as follows: "20-2-153. The State Board of Education shall create a special instructional assistance program to assist students with identified developmental deficiencies which are likely to result in problems in maintaining a level of performance consistent with expectations for their respective ages. Only students enrolled in grades kindergarten through five with documented developmental levels below expectations for their respective ages that are not attributable to an identified disabling condition and who are not enrolled in either the remedial education program or any of the special education programs shall be eli gible for the special instructional assistance program; provided, however, that students with physical disabilities whose special education services consist solely of therapy re lated to the physical disability shall be eligible for the special instructional assistance program if they meet all other criteria of this Code section. The state board shall specify the instruments and process used to determine student eligibility for this pro gram, including specification of the student eligibility criteria to be applied, the allow able educational services to be provided under this Code section, and the funding guidelines to be used in distributing state funds to participating local school systems. Such policies and guidelines shall be submitted to the General Assembly for review and comment prior to the request for funding by the state board. Each local school system shall annually report by grade level the number of eligible students, the num ber of students served, the types of services provided, and the average achievement of students served. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon doc umentation of the number of eligible students estimated to be served; provided, how ever, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the preceding year. In the event that insufficient funds are appropriated by the General Assembly to serve all eligible students in this program, any funds which are appropriated shall be directed toward addressing the needs of the yuimgest most needy eligible students in each local school system as identified by the local board of education in each local system." SECTION 3. Said chapter is further amended in Code Section 20-2-160, relating to student program counts under the "Quality Basic Education Act," by striking subsection (a) and inserting in its place the following: 1810 JOURNAL OF THE SENATE "(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the De partment of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each onesixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the develop ment and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an in structional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eligible institution under the program established in Code Section 20-2-161.1 may shall be counted for the high school program for only that portion of the day that the student is attending the high school for those seg ments that are eligible to be counted under this subsection and for that portion of the day that the student is attending such eligible institution for those segments that would be eligible to be counted under this subsection if they were offered in that high school. The state board shall adopt such regulations and criteria as necessary to en sure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as res ident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school sys tem has a justifiable reason, it may seek authority from the state board to shift fulltime equivalent program counts from the designated date to a requested alternate date." SECTION 4. Said chapter is further amended in Article 6, the "Quality Basic Education Act," by ad ding a new Code section, to be designated as Code Section 20-2-258, to read as follows: "20-2-258. The State Board of Education shall provide grants to qualified public elementary and secondary schools and local school systems, subject to appropriation by the General Assembly. The purpose of such grants shall be to encourage grant recipients to de velop and implement written compacts among teachers, parents, and students. Such compacts shall be entered into voluntarily and shall describe the commitments made WEDNESDAY, MARCH 24, 1999 1811 by the student, the student's teacher, and the student's parents to improve and en hance the student's academic achievement. Grant recipients shall ensure that a com pact is offered for each class in which a student is enrolled and that students and par ents are invited to a conference with the teacher, within the first 30 days after enrollment, in order to discuss the terms of the compact. The state board shall pre scribe criteria, policies, and standards deemed necessary for the effective implementa tion of this Code section." SECTION 5. Said chapter is further amended in Article 6, the "Quality Basic Education Act," by striking in its entirety Code Section 20-2-290, relating to the organization of schools, and inserting in lieu thereof a new Code Section 20-2-290 to read as follows: "20-2-290. The board of education of any local school system is authorized to organize or reorgan ize the schools and fix the grade levels to be taught at each school in its jurisdiction. However, the State Board of Education shall provide grants to local school systems that operate middle school programs in middle schools which meet the criteria and standards prescribed by the state board, subject to appropriation by the General As sembly. The amount of such grants shall be an additional 13 percent of all funds cal culated for the Quality Basic Education Formula provided in Code Section 20-2-161 for students in grade levels six, seven, and eight who are counted in the full-time equivalent count for the middle grades program in state board approved middle school programs. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qual ify for middle school grants for students in grade levels so housed; provided, however, that each qualified middle school must provide each interdisciplinary team of aca demic teachers with common planning time of at least 85 minutes during the student instructional day and provided, further, that they meet all other criteria and stan dards prescribed by the state board. State board criteria and standards for middle school program eligibility for grants made pursuant to this Code section must provide that local school systems may include instruction in foreign language as an option for students wliu have scored dt ui abuvu tlm sixtieth pturcenlilt! uu a nationally numied* Leo I ui I cullinguducvciiidiL cillmiiiioLcidlwiLliiii Llic ^11 cviuuo OT* uui i cuL suliuul yvtli cub uiic ul Llie language ttl Lo WliiCli cue i~cl^uiit;u Lu iill7c^l> Hie cligiuiliLj' icyjuiiciiiciiLo lui such giaiilb. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall not be eligible for the middle school grants if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school sys tems shall qualify for middle school grants if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board. If a local school system has a combination of qualified and nonqualified schools, it shall receive the middle school grant only for those stu dents counted in the full-time equivalent count for the middle grades program in qual ified middle schools." SECTION 6. 1812 JOURNAL OF THE SENATE Said chapter is further amended by striking subsection (a) of Code Section 20-2-690.1, relating to mandatory education for children between ages seven and 16, and inserting in its place a new subsection (a) to read as follows: "(a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their seventh and sixteenth birthdays shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attend ing a public school, a private school, or a home study program that meets the require ments for a public school, a private school, or a home study program under such pen alty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by the child's parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be re sponsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences. The requirements of this subsection shall apply to a child between his or her seventh and sixteenth birthdays who has been assigned by a local board of education or its dele gate to attend an alternative public school program established by that local board of education, including an alternative public school program provided for in Code Section 20-2-769, regardless of whether such child has been suspended or expelled from an other public school program by that local board of education or its delegate, and to the parent, guardian, or other person residing in this state who has control or charge of such child." SECTION 7. Said chapter is further amended in Subpart 3 of Part 2 of Article 16, relating to chronic disciplinary problem students, by adding a new Code section, to be designated as Code Section 20-2-766.1, to read as follows: "20-2-766.1. The local board of education may, by petition to the juvenile court, proceed against a parent or guardian for willful and unreasonable refusal to participate in efforts to im prove the student's behavior. If the court finds that the parent or guardian has will fully and unreasonably failed to attend a conference requested by a principal pursuant to Code Section 20-2-765 or 20-2-766, the court may order the parent or guardian to attend such a conference, order the parent or guardian to participate in such programs or such treatment as the court deems appropriate to improve the student's behavior, or both. After notice and opportunity for hearing, the court may impose a fine, not to exceed $500.00, on a parent or guardian who willfully disobeys an order of the court entered under this Code section. The court may use its contempt and other powers specified in Code Section 15-11-62 to enforce any order entered under this Code section." SECTION 8. This Act shall become effective on July 1, 1999. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Senator Hill of the 4th moved that the Senate disagree to the House substitute to SB 72. On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate dis agreed to the House substitute to SB 72. WEDNESDAY, MARCH 24, 1999 1813 Senator Cagle of the 49th recognized the West Hall Girls Spartan Basketball Team, com mended by SR 275, adopted previously. The following bills were taken up to consider House action thereto: SB 66. By Senators Walker of the 22nd, Dean of the 31st, Tate of the 38th 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. The House substitute was as follows: A BILL To be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance generally, so as to provide for definitions; to provide that certain insurers, nonprofit health care plans, health mainte nance organizations, and other related benefit providers shall be required to make avail able coverage for general anesthesia and associated hospital or ambulatory surgical facil ity charges in conjunction with dental care under certain circumstances; to authorize certain insurers, nonprofit health care plans, health maintenance organizations, and other related benefit providers to require prior authorization for coverage for general an esthesia and associated hospital or ambulatory surgical facility charges for dental care under certain circumstances; to authorize certain insurers, nonprofit health care plans, health maintenance organizations, and other related benefit providers to restrict cover age for general anesthesia and associated hospital and ambulatory surgical facility charges to dental care that is provided by certain dentists under certain circumstances; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance generally, is amended by adding a new Code Section 33-2428.4 to read as follows: "33-24-28.4. (a) As used in this Code section, the term 'general anesthesia' means the use of an an esthetic that is complete and affects the entire body, causing loss of consciousness when the anesthetic acts upon the brain. Such anesthetics are usually administered intravenously or through inhalation. (b)(l) Any individual or group plan, policy, or contract for health care services which is issued, delivered, issued for delivery, or renewed in this state by a health care in surer, health maintenance organization, accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service cor poration, health care plan, or any other person, firm, corporation, joint venture, or other similar business entity that pays for, purchases, or furnishes health care ser vices to patients, insureds, or beneficiaries in this state shall be subject to the provi sions of this Code section. 1814 JOURNAL OF THE SENATE (2) Any entity listed in paragraph (1) of this subsection and located or domiciled outside of this state shall be subject to the provisions of this Code section if it re ceives, processes, adjudicates, pays, or denies any claim for health care services sub mitted by or on behalf of any patient, insured, or other beneficiary who resides or receives health care services in this state. (c) Any entity that provides a health care services plan, policy, or contract subject to this Code section shall provide coverage for general anesthesia and associated hospital or ambulatory surgical facility charges in conjunction with dental care provided to a person insured or otherwise covered under such plan if such person is: (1) Seven years of age or younger or is developmentally disabled; (2) An individual for which a successful result cannot be expected from dental care provided under local anesthesia because of a neurological or other medically compro mising condition of the insured; or (3) An individual who has sustained extensive facial or dental trauma, unless other wise covered by workers' compensation insurance. (d) Any entity that provides a health care services plan, policy, or contract subject to this Code section may require prior authorization for general anesthesia and associ ated hospital or ambulatory surgical facility charges for dental care in the same man ner that prior authorization is required for such benefits in connection with other cov ered medical care. (e) Any entity that provides a health care services plan, policy, or contract subject to this Code section may restrict coverage under this Code section to include only proce dures performed by: (1) A fully accredited specialist in pediatric dentistry or other dentist fully accred ited in a recognized dental specialty for which hospital or ambulatory surgical facil ity privileges are granted; (2) A dentist who is certified by virtue of completion of an accredited program of post-graduate training to be granted hospital or ambulatory surgical facility privi leges; or (3) A dentist who has not yet satisfied certification requirements but has been granted hospital or ambulatory surgical facility privileges. (f) This Code section shall not apply to limited benefit insurance policies as defined in paragraph (4) of subsection (e) of Code Section 33-30-12." SECTION 2. This Act shall apply to all plans, policies, or contracts issued, delivered, issued for deliv ery, or renewed in this state on or after July 1, 1999. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Walker of the 22nd moved that the Senate agree to the House substitute to SB 66. Senator Price of the 56th moved that the Senate agree to the House substitute as amended by the following amendment: Amend SB 66 House substitute by striking on page 2, lines 23-37 and inserting in lieu thereof: WEDNESDAY, MARCH 24, 1999 1815 (c) Any entity subject to this Code section shall provide coverage for general anesthesia and associated hospital or ambulatory surgical facility charges in conjunction with den tal care provided to a person insured or otherwise covered under a health care plan if it is determined by the attending dentist or physician that, based upon the unique clinical characteristics of the patient, such patient would be most appropriately cared for by hav ing such dental care rendered while the patient is under general anesthesia. On the motion to agree to the House substitute as amended by the Senate, which takes precedence, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch N Bowen Broun, 46th N Brown, 26th Y Brush Y Burton N Butler Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan N Fort Gillis Y Gingrey N Golden Y Guhl N Harbison Y Hecht 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 Y Marable N Meyer von Bremen Y Perdue N Polak Y Price,R Y Price.T Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat Y Tanksley N Tate Y Thomas,D Thomas,N EX Thompson N Walker Y Williams On the motion, the yeas were 25, nays 24, and the motion to agree to the House substi tute as amended by the Senate was lost. Senator Walker moved the previous question. There was no objection and the previous question was ordered. On the motion to agree to the House substitute to SB 66, a roll call was taken, and the vote was as follows: Y Balfour N Blitch Y Bowen N Broun, 46th Y Brown, 26th Y Brush N Burton Y Butler Cable Y Cagle Y Cheeks N Crotts Y Dean Y Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd N Lamutt N Land Y Lee Y Madden Y Marable Y Meyer von Bremen N Perdue Y Polak N Price,R Y Price.T Y Ragan Y Ray 1816 JOURNAL OF THE SENATE N Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Thomas,N EX Thompson Y Walker N Williams On the motion, the yeas were 40, nays 13; the motion prevailed, and the Senate agreed to the House substitute to SB 66. 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 House substitute was as follows: 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. 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. (a) 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: (1) Primarily for the sote purpose of beautifying, improving, developing, maintain ing, administering, managing, and promoting the islands in Lake Lanier; and (2) Secondarily for the purpose of beautifying, improving, developing, maintaining, administering, managing, and promoting any other real property which is: (A) 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, license, lease, or other similar agreement with an agency of the federal govern ment; and (B) Adjacent to any lake or reservoir in this state that is under the management and control of the United States Army Corps of Engineers. (b) The authority shall accomplish the purposes provided in subsection (a) of this Code section at the lowest rates reasonable and possible for the benefit of the people of the State of Georgia for recreational purposes. WEDNESDAY, MARCH 24, 1999 1817 (c) Prior to authorizing the expenditure of funds for any of the secondary purposes set forth in subsection (a) of this Code section, the authority shall consult with the Senate Economic Development, Tourism, and Cultural Affairs Committee, the House Commit tee on Game, Fish, and Parks, and the Governor for the purpose of assistance in es tablishing 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. Senator Broun of the 46th moved that the Senate agree to the House substitute to SB 99. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler 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 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 Thomas,N EX Thompson Y Walker Y Williams On the motion, the yeas were 51, nay 0; the motion prevailed, and the Senate agreed to the House substitute to SB 99. 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. The House substitute was as follows: 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 1818 JOURNAL OF THE SENATE 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 healtli 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 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: WEDNESDAY, MARCH 24, 1999 1819 "(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 uuiuiualiuii umbl be euJuised by to the director of emergency management prim to who shall have the authority to make the appointment by the Guvumui. 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 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; 1820 JOURNAL OF THE SENATE (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. (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) Except as provided in his subparagraph, 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 Program. The curriculum of the Certified Emer gency Manager Program and requirements for certification shall be determined by WEDNESDAY, MARCH 24, 1999 1821 the director of emergency management and shall include, but not be limited to, professional development series training, independent study courses, emergency preparedness courses, and field-delivered courses. Certification may be obtained by an appointed director or deputy director within six months of his or her ap pointment. Certification shall expire biennially. As a condition of certification re newal, 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 cummunity 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. Senator Huggins of the 53rd moved that the Senate agree to the House substitute to SB 51. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean 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 1822 JOURNAL OF THE SENATE 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 Thomas,N EX Thompson Y Walker Y Williams On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 51. SB 236. By Senators Streat of the 19th, Price of the 28th, Cheeks of the 23rd and others: A bill to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Geor gia Annotated, relating to the uniform rules of the road regarding accidents, so as to change certain provisions relating to the duty to remove a vehicle from the roadway of an expressway or multilane highway; to provide an effec tive date. The House substitute was as follows: A BILL To be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia An notated, relating to the uniform rules of the road, so as to provide that when two vehi cles approach or enter an intersection with an inoperative traffic light, the driver of each vehicle shall be required to stop in the same manner as if a stop sign was facing in each direction at the intersection; to provide rules for when a flashing indication is given; to change certain provisions relating to the duty to remove a vehicle from the roadway of an expressway or multilane highway; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by striking in its entirety subsection (a) of Code Section 40-6-70, relating to vehicles approaching or entering an intersection, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, provided that when a vehicle approaches or enters an intersection with no stop signs or other traffic-control devices from a highway that terminates at the intersection, the driver of that vehicle shall yield the right of way to the other vehicle, whether the latter vehicle be on his such driver's right or left. When two vehicles approach or enter an intersection with an inoperative traffic light, the driver of each vehicle shall be required to stop in the same manner as if a stop sign were facing in each direction at the intersection. When a flashing indication is given, the driver shall stop for the flashing red signal and exhibit caution while pass ing through a flashing yellow indication." SECTION 2. WEDNESDAY, MARCH 24, 1999 1823 Said chapter is further amended by striking in its entirety Code Section 40-6-275, relat ing to the duty to remove a vehicle from the roadway of an expressway or multilane highway, and inserting in lieu thereof the following: "40-6-275. (a) Any other provision of this article or any other law to the contrary notwithstand ing, motor vehicles involved in traffic accidents and the drivers of such motor vehicles shall be subject to the provisions of this Code section. (b) This Code section shall apply to motor vehicle traffic accidents which occur on the expressways and multilane highways of this state. (c) When a motor vehicle traffic accident occurs with no apparent serious personal in jury; or death, ui eAleiibive piupeity damage, it shall be the duty of the drivers of the motor vehicles involved in such traffic accident, or any other occupant of any such mo tor vehicle who possesses a valid driver's license, to remove said vehicles from the im mediate confines of the roadway into a safe refuge on the shoulder, emergency lane, or median or to a place otherwise removed from the roadway whenever such moving of a vehicle can be done safely and the vehicle is capable of being normally and safely driven, does not require towing, and can be operated under its own power in its cus tomary manner without further damage or hazard to itself, to the traffic elements, or to the roadway. The driver of any such motor vehicle may request any person who pos sesses a valid driver's license to remove any such motor vehicle as provided in this Code section, and any such person so requested shall be authorized to comply with such request. (d) The driver or any other person who has removed a motor vehicle from the main traveled way of the road as provided in subsection (c) of this Code section before the arrival of a police officer shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle pursuant to this Code section. (e) This Code section shall not abrogate or affect a driver's duty to file any written re port which may be required by a local law enforcement agency, but compliance with the requirements of this Code section shall not allow a driver to be prosecuted for his or her failure to stop and immediately report a traffic accident. (f) This Code section shall not abrogate or affect a driver's duty to stop and give infor mation in accordance with law, nor shall it relieve a police officer of his or her duty to render a report in accordance with law. (g) Employees of the Department of Transportation, in the exercise of the manage ment, control, and maintenance of the state highways, may require and assist in the removal from the main traveled way of roads on the state highway system of all vehi cles incapacitated from any cause other than having been involved in a motor vehicle accident and of all vehicles incapacitated as a result of motor vehicle traffic accidents and of debris caused thereby when such motor vehicle accidents occur with no appar ent serious personal injury; or death, ui extensive piupeity damage, where such move can be accomplished safely by the drivers of the vehicles involved or with the assis tance of a towing or recovery vehicle and will result in the improved safety or conve nience of travel upon the road. However, a vehicle incapacitated as a result of a motor vehicle traffic accident with apparent serious personal injury; or death, ui extensive piupeity damage may not be moved until the enforcement officer has made the neces sary measurements and diagrams required for the initial accident investigation." SECTION 3. 1824 JOURNAL OF THE SENATE This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Streat of the 19th moved that the Senate agree to the House substitute to SB 236. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins 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 Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Thomas,N EX Thompson Y Walker Y Williams On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 236. SB 115. By Senators Ragan of the llth, Meyer von Bremen of the 12th and Williams of the 6th: A bill to amend Chapter 12 of Title 42 of the Official Code of Georgia Anno tated, known as the "Prison Litigation Reform Act of 1996," so as to provide for payment from a prisoner's inmate account for costs and fees associated with the filing of a petition for writ of habeas corpus by a prisoner. The House amendment was as follows: Amend SB 115 by inserting after "actions;" on line 13 of page 1 the following: "to prohibit prisoners who have while incarcerated repeatedly filed malicious or frivo lous actions or actions which failed to state a claim for which relief may be granted from filing certain civil actions in forma pauperis;". By redesignating Section 3 as Section 4. By inserting between lines 27 and 28 of page 2 the following: "SECTION 3. WEDNESDAY, MARCH 24, 1999 1825 Said chapter is further amended by adding a new Code Section 42-12-7.2 to read as follows: '42-12-7.2. In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior occasions while he or she was incarcerated or detained in any facility, filed any action in any court of this state that was subse quently dismissed on the grounds that such action was frivolous, or malicious, unless the prisoner is under imminent danger of serious physical injury.'". Senator Ragan of the llth moved that the Senate agree to the House amendment to SB 115. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton 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 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 TJLnatLuc Y Thomas,D Thomas,N EX Thompson Y Walker Y Williams On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 115. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the Senate: SB 279. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act creating a Magistrate's Court of Rockdale County, as amended, so as to change the provisions relating to the annual salary of the chief magistrate; to provide an effective date. SB 280. By Senators Guhl of the 45th and Crotts of the 17th: 1826 JOURNAL OF THE SENATE A bill to amend an Act creating the office of tax commissioner of Rockdale County, as amended, so as to change the provisions relating to the salary of the tax commissioner; to provide an effective date. SB 281. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act placing the sheriff of Rockdale County on an annual salary, as amended, so as to change the provisions relating to the compensa tion of the sheriff; to provide an effective date. SB 282. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, as amended, so as to change the provisions relating to the compensation of the clerk of the superior court; to provide an effective date. SB 283. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, as amended, so as to change the provisions relating to the compensation of the coroner; to provide an effec tive date. SB 284. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act creating a board of commissioners for Rockdale County, as amended, so as to change the provisions relating to the compensation of the chairperson and the other members of the board of commissioners; to provide an effective date. SB 285. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act creating the State Court of Rockdale County, as amended, so as to change the provisions relating to the salary of the judge of said court; to provide an effective date. SB 286. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, as amended, so as to change the provisions relating to the compensation of the judge of the probate court; to provide an effective date. SB 287. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act providing for a supplement to the compensation, sal ary, expenses, and allowances of the judges of the Superior Court of the Rockdale Judicial Circuit so as to change the amount of such supplement; to provide an effective date. SB 275. By Senator Jackson of the 50th: A bill to provide for homestead exemptions from Stephens County ad valorem taxes for county purposes and from Stephens County school district ad valorem taxes for educational purposes in the amount of $2,000.00 of the as sessed value of certain homesteads that are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of each exemption and the procedures relating thereto. WEDNESDAY, MARCH 24, 1999 1827 The House has passed, by substitute, by the requisite constitutional majority the follow ing bill of the Senate: 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 following bills were taken up to consider House action thereto: 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 House amendment was as follows: Amend SB 103 as follows: page 1, line 3 delete from the "," after the word juries reword to read as follows, "so as to provide that expense allowances for jurors shall not exceed $50.00 per diem; to repeal conflicting laws; and for other purposes. Page 1, line 29, change $35.00 to $50.00. On line 29, page 1 delete from the "," after the word diem to the period on line 33 after the word diem. Senator Polak of the 42nd moved that the Senate agree to the House amendment to SB 103. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler 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 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 Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Streat Y Tanksley Y Tate Y Thomas,D Thomas,N EX Thompson Walker Y Williams 1828 JOURNAL OF THE SENATE On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 103. SB 83. By Senators Hecht of the 34th, Harbison of the 15th, Polak of the 42nd and others: A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to change provisions relating to when a former prisoner of war may claim an exemption from ad valorem taxation on a motor vehicle; to provide for related matters; to provide for an effective date and applicability. Senator Hecht of the 34th moved that the Senate adhere to its disagreement to the House substitute to SB 83, and that a Conference Committee be appointed. On the motion, the yeas were 33, nays 0; the motion prevailed, and the President ap pointed as a Conference Committee the following Senators: Harbison of the 15th, Hecht of the 34th and Golden of the 8th. 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. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 287 by striking from line 21 on page 1 the following: "March 1, 1999", and inserting in lieu thereof the following: "March 22, 1999". Senator Smith of the 25th moved that the Senate agree to the House amendment to the Senate substitute. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle 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 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 WEDNESDAY, MARCH 24, 1999 1829 Y Roberts Y Scott Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Thomas.N EX Thompson Walker Y Williams On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 287. 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 House substitute was as follows: 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 provide that a city or county attorney or solicitor-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 activity 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 other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 41 of the Official Code of Georgia Annotated, relating to nuisances, is amended by striking in its entirety Code Section 41-2-2, relating to filing petitions to abate nui sances, and inserting in lieu thereof the following: "41-2-2. Private citizens may not generally interfere to have a public nuisance abated. A peti tion 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 petition complaint by any private citizen specially injured." SECTION 2. Said title is further amended in Code Section 41-3-1.1, relating to substantial drug re lated activity and the property owner's knowledge, by inserting a new subsection to be designated 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 for drug related nuisances." SECTION 3. 1830 JOURNAL OF THE SENATE 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 disliiul 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. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Fort of the 39th moved that the Senate agree to the House substitute to SB 180. On the motion, 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 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 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 Tanksley Y Tate Y Thomas,D Thomas.N EX Thompson Walker Y Williams On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 180. 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; WEDNESDAY, MARCH 24, 1999 1831 to provide for entries of appearance; to provide for notice and discovery; to pro vide for remedies; to provide for employment of consultants, experts, wit nesses, and other employees. The House amendment was as follows: Amend the Senate amendment to the House substitute to SB 200 (AM 19 0503-EC) as follows: By striking lines 6 through 13 on page 1 and inserting in lieu thereof the following: "(A) Any amount, but no decrease shall be subject to such provisions; provided, however, (B) The provisions of this chapter shall not apply to accident and sickness insur ance; or'". By striking lines 18 through 25 on page 1 and inserting in lieu thereof the following: "(A) Any amount, but no decrease shall be subject to such provisions; provided, however, (B) Rate information, including information submitted, requested for submission, or required to be submitted to the Commissioner or department for purposes of determining whether insurance rates are excessive, inadequate, or unfairly dis criminatory, and any correspondence or paper filed with or issued by the depart ment or by the Commissioner in connection with such rate information shall be served by copy upon the advocate, and the Office of Consumer Affairs shall re quire by rule or regulation that financial information of insurers, including a sum mary of products offered, basic rates applicable to such products, financial state ments, officers' salaries, notifications of rate increases, and, as to health insurers, actuarial summaries and opinions relating to consumer choice options on managed care products shall be submitted to the department and the advocate on a quar terly basis; or'". Senator Tanksley of the 32nd moved that the Senate agree to the House amendment to the Senate amendment to the House substitute to SB 200. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th N Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D N Johnson,E Y Kemp N Ladd N Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak N Price,R N Price,T Y Ragan N Ray N Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes 1832 JOURNAL OF THE SENATE Y Streat Y Tanksley Y Tate Y Thomas,D Thomas,N EX Thompson Y Walker Williams On the motion, the yeas were 38, nays 15; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to the House substitute to SB 200. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: 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 House has passed, by substitute, by the requisite constitutional majority the follow ing bill of the Senate: 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. The following bill was taken up to consider House action thereto: 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 House substitute was as follows: 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- WEDNESDAY, MARCH 24, 1999 1833 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 (Cady), 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 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. 1834 JOURNAL OF THE SENATE 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 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. WEDNESDAY, MARCH 24, 1999 1835 (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 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 ar rest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with paragraph (2) of subsection (a.l) of Code Sec tion 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. 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 viulatui 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 1836 JOURNAL OF THE SENATE 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 (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 WEDNESDAY, MARCH 24, 1999 1837 (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; and (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 paragraph (1) of subsection (j) of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and inserting in lieu thereof the following: "(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 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 convic tion is obtained or a plea of nolo contendere is accepted, 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 ar resting law enforcement agency at the time of arrest, name, and address of the con victed person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made." 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. 1838 JOURNAL OF THE SENATE (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 three 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 as provided in Code Section 17-10-3. (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 five years nor more than t5 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. 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 one year 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 adding at the end of Code Section 42-8-110, relating to the purchase or lease of ignition interlock devices by counties, municipalities, or private entities, a new subsection (e) to read as follows: "(e) If a county, municipality, or other political subdivision of this state contracts with a private entity to operate a provider center or leases ignition interlock devices from a private entity, such contract shall include provisions that will allow persons who are found by the court to be indigent and unable to pay the fees or deposits for such igni tion interlock device to participate in the ignition interlock program." SECTION 12. Said article is further amended by striking Code Section 42-8-111, relating to court or dered installation of ignition interlock devices, and inserting in lieu thereof a new Code Section 42-8-111 to read as follows: "42-8-111. WEDNESDAY, MARCH 24, 1999 1839 (a) In addition to any other provision of probation, upon a conviction of a second charge of violating Code Section 40-6-391 wilhiii five .yeai'b, ab uieasmed fium the uLt/t^S Ol {^i cviuJ-S iii'i'cSLiS luiL wliixJ.1. uOHVlCLnjiin wtil'ii OuLcti.ilto. Lu 11it; tlclLti Ot Llic v^Uli'cuL arrest fui which a cuiivkliuii is ubtaiued, 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. (b) Except as otherwise provided in this article, the court may order the installation of a certified ignition interlock device on any vehicle which any person subject to subsec tion (a) of this Code section owns or operates. Upua a Child ur subsequent umvicliuii Lll^ Culii'L Slici.ll i d^uil'ti lllSLcillciLiuii ul a CtH'LllicLi i^iii.LlOl'1 lllLcl1OCK. ClGVlCe. (c) 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. (d) 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. (e) The fee for issuance of any driver's license indicating that use of an ignition inter lock 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 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 13. 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 14. All laws and parts of laws in conflict with this Act are repealed. Senator Ray of the 48th moved that the Senate agree to the House substitute to SB 164. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht 1840 JOURNAL OF THE SENATE 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 Y Starr Y Stephens Y Stokes Y Streat Tanksley Y Tate Y Thomas,D Thomas,N EX Thompson Walker Y Williams On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 164. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate: SB 77. By Senators Cheeks of the 23rd, Kemp of the 3rd, Streat of the 19th and others: 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. 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 House has disagreed to the Senate amendments to the following bills of the House: 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 211. By Representatives Walker of the 141st and Buck of the 135th: A bill to amend Article 6 of Chapter 3 of Title 20 of the Official Code of Geor gia Annotated, the "Private Colleges and Universities Authority Act," so as to change the definition of the term "institution of higher education" for purposes of said article; to thereby change the scope and operation of said article. WEDNESDAY, MARCH 24, 1999 1841 The following bills were taken up to consider House action thereto: 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 House substitute was as follows: A BILL 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 striking Code Section 26-4-4, defining the practice of phar macy, and inserting in its place the following: "26-4-4. The 'practice of pharmacy* means the interpretation, evaluation, or dispensing of pre scription drug orders in the patient's best interest; participation in drug and device se lection, drug administration, drug regimen reviews, and drug or drug related research; provision of patient counseling and the provision of those acts or services necessary to provide pharmacy care; performing capillary blood tests and interpreting the results as a means to screen for or monitor disease risk factors and facilitate patient educa tion, and a pharmacist performing such functions shall report the results obtained from such blood tests to the patient's physician of choice; and the responsibility for compounding and labeling of drugs and devices." SECTION 1.1. Said chapter is further 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 pharmacy" 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 1842 JOURNAL OF THE SENATE 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. Nothing in this paragraph shall prohibit the pharmacist in charge from voluntarily allowing appropriate agencies and organi zations to inspect or examine the records and pharmacy area under the control of the pharmacist in charge provided such inspections or examinations are for the pur poses of ensuring the quality of care provided to patients; and (20) Serving as the sole governmental or other authority which shall have the au thority to approve or recognize accreditation or certification programs for specialty pharmacy practice or to determine the acceptability of entities which may accredit pharmacies or certify pharmacists in a specialty of pharmacy practice, and the board may require such accreditation or certification as a prerequisite for specialty or ad vanced pharmacy practice. Such accreditation and certification standards for spe cialties shall be set forth in rules promulgated by the board with such rules to con tain the required qualifications or limitations. Any accreditation or certification for specialty pharmacy practice approved or recognized by the board shall be deemed sufficient to meet any and all standards, licensure, or requirements, or any combina tion thereof, otherwise set forth by any private entity or other government agency to satisfy its stated goals and standards for such accreditation or certification. Nothing in this paragraph shall prohibit private entities, government agencies, professional organizations, or educational institutions from submitting accreditation or certifica tion programs for the review and potential approval or recognition by the board. Accreditation and certification for specialty pharmacy practice under this paragraph shall be subject to the following conditions: (A) Applications shall be submitted as set forth in rules promulgated or approved by the board for accreditation or certification; WEDNESDAY, MARCH 24, 1999 1843 (B) Only a pharmacist registered by this state and maintaining an active license in good standing is eligible for certification in a specialty pharmacy practice by the board; (C) Only a pharmacy registered by this state and maintaining an active license in good standing is eligible for accreditation for specialty pharmacy practice by the board; (D) Any board approved or recognized accreditation for a specialty pharmacy prac tice of a pharmacy is to be deemed sufficient and shall satisfy any standards or qualifications required for payment of services rendered as set forth by any insur ance company, carrier, or similar third-party payor plan in any policy or contract issued, issued for delivery, delivered, or renewed on or after July 1, 1999; (E) Any board approved or recognized specialty certification issued to a pharma cist 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 in any policy or contract issued, issued for deliv ery, delivered, or renewed on or after July 1, 1999; 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 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 tliat has been as the same may be approved by the board; provided, however, that, since it would be impractical for the board to evalu- 1844 JOURNAL OF THE SENATE 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 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; WEDNESDAY, MARCH 24, 1999 1845 (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: "(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 hearing, the 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. 1846 JOURNAL OF THE SENATE 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.' 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- WEDNESDAY, MARCH 24, 1999 1847 agents; formulation and quality assurance testing of radiochemicals for use as radiopharmaceuticals; and radiolabeling of compounds or products, including biological products, for use as radiopharmaceuticals. (4) 'Department' means the Department of Natural 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 Natu ral Resources for radioactive materials and administered by the department. The re quirements of this article are in addition to, and not in substitution of, other applica ble 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 radi opharmaceuticals 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 licensed by the Department of Human Resources to handle radioactive materials, to obtain the services of a nuclear pharmacist, or to have a nuclear phar macy license, unless the laboratory is engaged in the commercial sale or resale of radiopharmaceuticals. 1848 JOURNAL OF THE SENATE (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. (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. WEDNESDAY, MARCH 24, 1999 1849 (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 radiopharmaceutical 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 radiopharmaceuticals 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. 26-4-179. Nothing in this article shall be construed to repeal the authority of the Department of Natural Resources to regulate the use of radioactive materials." SECTION 11. All laws and parts of laws in conflict with this Act are repealed. Senator Madden of the 47th moved that the Senate agree to the House substitute to SB 100. On the motion, a roll call was taken, and the vote was a follows: Y Balfour Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush 1850 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 Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Johnson,D Y Johnson,E Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Thomas,N EX Thompson Walker Y Williams On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 100. 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 House substitute was as follows: A BILL To be entitled an Act to amend Chapter 12 of Title 51 of the Official Code of Georgia An notated, 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 ef fective unless certain disclosures are made; to provide for a right of rescission with re spect to such transactions; to provide for enforcement by the administrator of the "Fair Business Practices Act of 1975"; to provide for enforcement procedures and penalties; to prohibit waiver and to prohibit penalties for failure to finalize transfers; to provide for construction; to provide for related matters; to provide for an effective date and for ap plicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, is amended by adding at its end a new Article 4 to read as follows: "ARTICLE 4 51-12-70. As used in this article, the term: WEDNESDAY, MARCH 24, 1999 1851 (1) 'Administrator' means the administrator of the 'Fair Business Practices Act of 1975' appointed pursuant to subsection (a) of Code Section 10-1-395 or his or her designee. (2) 'Annuity issuer' means an insurer that has issued an insurance contract used to fund periodic payments under a structured settlement. (3) 'Applicable law' means: (A) The federal laws of the United States; (B) The laws of this state, including principles of equity applied in the courts of this state; and (C) The laws of any other jurisdiction: (i) Which is the domicile of the payee or any other interested party; (ii) Under whose laws a structured settlement agreement was approved by a court or responsible administrative authority; or (iii) In whose courts a settled claim was pending when the parties entered into a structured settlement agreement. (4) 'Discounted present value' means the fair present value of future payments, as determined by discounting such payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service. (5) 'Interested parties' means, with respect to any structured settlement agreement, the payee, any beneficiary designated under the annuity contract to receive pay ments following the payee's death, the annuity issuer, the structured settlement ob ligor, and any other party that has continuing rights or obligations under such structured settlement. (6) 'Payee' means an individual who is receiving tax-free damage payments under a structured settlement and proposes to make a transfer of payment rights thereunder. (7) 'Qualified assignment agreement' means an agreement providing for a qualified assignment within the meaning of Section 130 of the United States Internal Reve nue Code, United States Code Title 26. (8) 'Settled claim' means the original tort claim or workers' compensation claim re solved by a structured settlement. (9) 'Structured settlement' means an arrangement for periodic payment of damages for personal injuries established by settlement or judgment in resolution of a tort claim or for periodic payments in settlement of a workers' compensation claim. (10) 'Structured settlement agreement' means the agreement, judgment, stipulation, or release embodying the terms of a structured settlement, including the rights of the payee to receive periodic payments. (11) 'Structured settlement obligor' means, with respect to any structured settle ment, the party that has the continuing periodic payment obligation to the payee under a structured settlement agreement or a qualified assignment agreement. (12) 'Structured settlement payment rights' means rights to receive periodic pay ments (including lump sum payments) under a structured settlement, whether from the settlement obligor or the annuity issuer, where: (A) The payee or any other interested party is domiciled in this state; 1852 JOURNAL OF THE SENATE (B) The structured settlement agreement was approved by a court or responsible administrative authority in this state; or (C) The settled claim was pending before the courts of this state when the parties entered into the structured settlement agreement. (13) 'Terms of the structured settlement" includes, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement, and any order or approval of any court or re sponsible administrative authority or other government authority authorizing or ap proving such structured settlement. (14) 'Transfer' means any sale, assignment, pledge, hypothecation, or other form of alienation or encumbrance made by a payee for consideration, but does not include: (A) any transaction which is expressly provided for in the structured settlement agreement and is executed within 30 days after execution of the structured settle ment agreement; or (B) any testamentary disposition by the payee. (15) 'Transfer agreement' means the agreement providing for the transfer of struc tured settlement payment rights from a payee to a transferee. 51-12-71. No direct or indirect transfer of structured settlement payment rights shall be effec tive and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless: (1) The transfer complies with the requirements of this article and will not contra vene other applicable law; (2) Not less than ten days prior to the date on which the transfer agreement is exe cuted in writing, the transferee has provided to the payee an informational pam phlet relating to transfers of structured settlements as provided for in subsection (b) of Code Section 51-12-73, when available, and a separate disclosure statement in bold type, no smaller than 14 points, setting forth: (A) The amounts and due dates of the structured settlement payments to be transferred; (B) The aggregate amount of such payments; (C) The discounted present value of such payments, together with the discount rate used in determining such discounted present value; (D) The gross amount payable to the payee in exchange for such payments; (E) An itemized listing of all brokers' commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, legal fees, no tary fees and other commissions, fees, costs, expenses, and charges payable by the payee or deductible from the gross amount otherwise payable to the payee; (F) The net amount payable to the payee after deduction of all commissions, fees, costs, expenses, and charges described in subparagraph (E) of this paragraph; (G) The quotient (expressed as a percentage) obtained by dividing the net pay ment amount by the discounted present value of the payments; and (H) The amount of any penalty and the aggregate amount of any liquidated dam ages (inclusive of penalties) payable by the payee in the event of any breach of the transfer agreement by the payee; WEDNESDAY, MARCH 24, 1999 1853 (3) Written notice at least two business days prior to the effective execution of the transfer agreement has been provided by the transferee to the annuity issuer and the structured settlement obligor by certified mail, postage prepaid; and (4) The transferee has given written notice of the transferee's name, address, and taxpayer identification number to the annuity issuer and the structured settlement obligor. 51-12-72. (a) Any transfer agreement of structured settlement payment rights must, in addition to the other requirements of this article, be executed in writing. The transfer agree ment shall not be so executed until after the expiration of the ten-day period provided for in paragraph (2) of Code Section 51-12-71. (b) No payee shall incur any obligation of any type with respect to a proposed transfer of structured settlement payment rights prior to the execution in writing of the trans fer agreement. (c) Any payee who executes in writing a transfer agreement shall have the right to re scind the transfer at any time within the next 21 days following the written execution of the transfer agreement. The transferee shall furnish to the payee at the time of ex ecution of the transfer agreement a notice to the payee allowing the payee 21 days to cancel the transfer. This right to cancel shall not limit or otherwise affect the payee's right to cancel pursuant to any other provision of applicable law. The notice shall serve as the cover sheet to the transfer documents. It shall be on a separate sheet of paper with no other written or pictorial material, in at least ten point bold type, double spaced, and shall read substantially as follows: 'NOTICE OF CANCELLATION RIGHTS: Please read this form completely and carefully. It contains valuable cancellation rights. You may cancel this transaction at any time prior to 5:00 P.M. of the twenty-first day following receipt of this notice. This cancellation right cannot be waived in any manner. To cancel, sign this form, and mail or deliver it to the address below by 5:00 P.M. of ______ (the twenty-first day following the transaction). It is best to mail it by certified mail, return receipt requested, and to keep a photocopy of the signed form and your post office receipt. Address to which cancellation is to be returned: I (we) hereby cancel this transaction. ______________________ Date: Payee's Signature 51-12-73. (a) The administrator is authorized to promulgate, adopt, and issue rules, regulations, and orders necessary or convenient to carry out the provisions and purposes of this ar ticle. Any such rules of a substantive nature shall be promulgated only when it is de termined by the administrator, in the reasonable exercise of his or her discretion and 1854 JOURNAL OF THE SENATE on the basis of his or her expertise and the facts, submissions, evidence, and all infor mation before him or her, that such rules are needed to prohibit or control acts or practices which create the probability of actual injury to payees. (b) The administrator shall prepare a pamphlet containing information designed to help payees evaluate proposed transfers of structured settlements and shall distribute such pamphlets free of charge, except that persons engaged in the business of purchasing structured settlement payment rights may be charged a reasonable fee for such pamphlets. 51-12-74. (a) Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall apply to all actions and proceedings of an administrative nature taken by the administrator pursuant to this article, except where the administrator is acting under Part 2 of Arti cle 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' A violation of this article shall also be considered a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' (b) In addition to any other proceedings authorized by this article, the administrator may bring a civil action in the superior courts to enjoin any violation or threatened vi olation of any provision of this article or any rule, regulation, or order issued by the administrator pursuant to this article. 51-12-75. (a) In order to enforce this article or any orders, rules, and regulations promulgated pursuant thereto, the administrator may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation, whenever he or she determines, af ter a hearing, that any person has violated any provisions of this article or any rules, regulations, or orders promulgated under this article. (b) The hearing and any administrative review thereof shall be conducted in accor dance with the procedure for contested cases under Chapter 13 of Title 50, the 'Geor gia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or ac tion of the administrator shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' All penalties recovered as provided in this Code section shall be paid into the state treasury. (c) The administrator may file, in the superior court of the county in which the person under an order resides, or if the person is a corporation, in the superior court of the county in which the corporation under an order maintains its principal place of busi ness, or in the superior court of the county in which the violation occurred, a certified copy of the final order of the administrator unappealed from or of a final order of the administrator affirmed upon appeal. Thereupon, the court shall render judgment in accordance therewith and shall notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by such court. (d) The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, for feitures, or penalties provided, allowed, or available to the administrator with respect to any violation of this article and any order, rules, or regulations promulgated pursu ant thereto. 51-12-76. WEDNESDAY, MARCH 24, 1999 1855 (a) The provisions of this article may not be waived. (b) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise in cur any liability to the proposed transferee based on (1) Any failure of such transfer to satisfy the conditions of this article; or (2) Any failure by the payee to execute the transfer agreement or any cancellation by the payee within the time prescribed in Code Section 51-12-72. 51-12-77. Nothing contained in this article shall be construed to authorize any transfer of struc tured settlement payment rights in contravention of applicable law or to give effect to any transfer of structured settlement payment rights that is invalid under applicable law." SECTION 2. Code Sections 51-12-73, 51-12-74, and 51-12-75 shall become effective only when funds are specifically appropriated for the purposes of this Act in an appropriations Act mak ing specific reference to this Act and shall become effective when funds so appropriated become available for expenditure. Other provisions of this Act shall become effective July 1, 1999. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Meyer von Bremen of the 12th moved that the Senate agree to the House sub stitute to SB 130. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Blitch Y Bowen Y Broun, 46th Y Brown, 26th Brush Y Burton Y Butler Y Cable 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 Johnson,D Y Johnson,E Kemp Y Ladd Y Lamutt Y Land Y J-jGG 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 Thomas,N EX Thompson WvvacHlkdpcri Y Williams On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 130. 1856 JOURNAL OF THE SENATE 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. The House amendment was as follows: Amend SB 230 by striking the words "Year 2000 compliant" on line 28 of page 3 and in serting hi lieu thereof "Year 2000 compliance". Senator Stokes of the 43rd moved that the Senate agree to the House amendment to SB 230. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean 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 Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Thomas,N EX Thompson Walker Y Williams On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 230. SB 196. By Senators Hill of the 4th and Jackson of the 50th: A bill to amend Code Section 15-12-40 of the Official Code of Georgia Anno tated, relating to compilation, maintenance, and revision of jury lists, so as to authorize the use of or reference to certain lists and compilations of citizens of the county. The House substitute was as follows: A BILL WEDNESDAY, MARCH 24, 1999 1857 To be entitled an Act to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to specify additional sources which shall be used in carrying out revisions of jury lists on and after a specified date; to provide for state and local officials to make available lists of persons in the county holding drivers' licenses or identification cards issued by the Department of Public Safety; 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 de clared mentally incompetent and whose voting rights have not been restored; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, is amended in Code Section 15-12-40, relating to compilation, maintenance, and revision of jury lists, by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph to read as follows: "(1) At least biennially, unless otherwise directed by the chief judge of the superior court, the board of jury commissioners shall compile, maintain, and revise a trial jury list of upright and intelligent citizens of the county to serve as trial jurors and a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing the trial jury list, the board of jury commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county. In composing the grand jury list, the board of jury commissioners shall select a fairly representative cross section of the most exper ienced, intelligent, and upright citizens of the county. In carrying out revisions of the trial jury list and grand jury list on or after July 1, 2000, the board of jury com missioners shall make use of all of the following: (A) A list of all residents of the county who are the holders of drivers' licenses or personal identification cards issued by the Georgia Department of Public Safety pursuant to the provisions of Article 5 of Chapter 5 of Title 40; and the Depart ment of Public Safety shall periodically make such a list available to the board of jury commissioners of each county; (B) The registered voters list in the county; and (C) Any other list of persons resident in the county as may be deemed appropriate by the board of jury commissioners. No jury list compiled prior to July 1, 2000, shall be rendered invalid by a failure to make use of the sources specified in this Code section; but each revision of the jury list on or after that date shall make use of all such sources to the extent actually available to the board of jury commissioners." SECTION 2. Said article is further amended by adding between Code Section 15-12-40.1 and 15-12-41 a new Code Section 15-12-40.2 to read as follows: "15-12-40.2. It shall be the duty of the county board of registrars to provide the board of jury com missioners with a copy of the lists of persons who have been convicted of felonies in state or federal courts or who have been declared mentally incompetent and whose voting rights have been removed, which lists are provided to the county board of regis- 1858 JOURNAL OF THE SENATE trars by the Secretary of State pursuant to Code Section 21-2-231. Upon receipt of such list, it shall be the duty of the board of jury commissioners to remove such names from the trial and grand jury lists and to mail a notice of such action and the reason therefor to the last known address of such persons by first-class mail." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Hill of the 4th moved that the Senate agree to the House substitute to SB 196. On the motion, a roll call was taken, and the vote was as follows: Y Balfour 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 Harbison Y Hecht Y Hill Y Hooks Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Stokes Y Streat Y Tanksley Y Tate Thomas,D Y Thomas,N EX Thompson Walker Y Williams On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 196. 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. The House amendment was as follows: Amend SB 222 by striking from line 16 on page 13 where it first appears the word "rate" and inserting in lieu thereof the word "date". By striking from line 21 on page 13 the following: "Reduction", and inserting in lieu thereof the following: WEDNESDAY, MARCH 24, 1999 1859 "Increase". By striking from line 37 on page 13 the following: "When", and inserting in lieu thereof the following: "Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when". Senator Tanksley of the 32nd moved that the Senate agree to the House amendment to SB 222. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak 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 motion, the yeas were 54, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 222. HB 577. By Representatives Porter of the 143rd, McBee of the 88th and Mobley of the 69th: A bill to amend Code Section 43-30-8 of the Official Code of Georgia Anno tated, relating to optometry registration, so as to change the provisions relat ing to continuing education. The House amendment to Senate amendment #2 was as follows: Amend the Senate amendment, by Senator Walker, to HB 577 by striking lines 1 through 7 thereof. Senator Dean of the 31st moved the previous question. On the motion, the yeas were 46, nays 3; the motion prevailed, and the previous ques tion was ordered. Senator Price of the 56th moved that the Senate agree to the House amendment to Sen ate amendment #2. 1860 JOURNAL OF THE SENATE On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch N Bowen Y 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 Y Golden Y Guhl N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James N Johnson,D Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land Lee N Madden N Marable N Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T N Ragan Y Ray Y Roberts N Scott N Smith N Starr Y Stephens N Stokes N Streat Y Tanksley N Y Thomas,D N Thomas,N N Thompson N Walker Y Williams On the motion, the yeas were 26, nays 29, and the motion was lost. Senator Ragan of the llth moved that the Senate disagree to the House amendment to Senate amendment #2. On the motion, the President ordered a roll call, 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 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 Lee Y Madden Y Marable Y Meyer von Bremen N Perdue N Polak N Price,R N Price,T Y Ragan N Ray N Roberts Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat N Tanksley Y Tate N Thomas.D Y Thomas,N Y Thompson Y Walker N Williams On the motion, the yeas were 29, nays 26; the motion prevailed, and the Senate dis agreed to the House amendment to Senate amendment #2. WEDNESDAY, MARCH 24, 1999 1861 Senator Johnson of the 1st objected to the action on HB 577, and requested that his ob jection be recorded in the Journal. Senator Egan of the 40th gave notice, that at the proper time, he would move that the Senate reconsider its action in disagreeing to the House amendment to Senate amend ment #2 to HB 577. The President set the time for reconsideration at 1:43 p.m. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following bill of the House: HB 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. The House insists on its position in substituting the following bill of the Senate: 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 following committee report was read by the Secretary: Mr. President: The Committee on State and Local Governmental Operations has had under consid eration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 332. Do pass. HB 544. Do pass. HB 780. Do pass as amended. Respectfully submitted, Senator Thomas of the 10th District, Chairman The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate amendment, as amended by the House, to the fol lowing bill of the House: HB 558. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown of the 130th and others: 1862 JOURNAL OF THE SENATE 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. The following bills were taken up to consider House action thereto: 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. Senator Cheeks of the 23rd moved that the Senate insist on its amendment to HB 82. On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 82. SB 77. By Senators Cheeks of the 23rd, Kemp of the 3rd, Streat of the 19th and Johnson of the 1st: A bill to amend Code Section 33-34-6 of the Official Code of Georgia Anno tated, relating to the selection of motor vehicle repair facilities, so as to pro vide that motor vehicle insurers may not designate certain repair facilities to establish the cost of repairs; to provide for applicability. The House amendment was as follows: Amend SB 77 by striking lines 1 through 3 of page 1 and inserting in lieu thereof the following: "To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that notice of cancellation of policies shall not be required in certain cases; to provide that motor". By redesignating Sections 1 through 3 as Sections 2 through 4, respectively. By inserting between lines 8 and 9 of page 1 the following: "SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by inserting in Code Section 33-24-44, relating to cancellation of policies generally, a new subsection (d.l) to read as follows: '(d.l) The notice requirements of this Code section shall not apply in any case where a binder or contract of insurance is void ab initio for failure of consideration.'". By striking lines 10 through 12 of page 1 and inserting in lieu thereof the following: "Said title is further amended by striking subsection (c) of Code Section 33-34-6, relat ing to the selection of motor vehicle repair facilities, which". By striking "The provisions" on line 18 of page 1 and inserting in lieu thereof "Section 2". Senator Cheeks of the 23rd moved that the Senate agree to the House amendment to SB 77. On the motion, a roll call was taken, and the vote was as follows: WEDNESDAY, MARCH 24, 1999 1863 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 Fort Y Gillis Y Gingrey Y Golden Y Guhl Harbison Y Hecht Y Hill 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 Ragan Y Ray Y Roberts Y Scott Y Smith Starr Y Stephens Y Stokes Streat Y Tanksley Y Tate Y Thomas,D Thomas,N Y Thompson Y Walker Y Williams On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 77. SB 163. By Senators Hecht of the 34th, Starr of the 44th, Walker of the 22nd and others: A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Geor gia Annotated, relating to the offenses of assault and battery, so as to provide enhanced penalties for the commission of offenses of simple assault and bat tery against persons who are 65 years of age or older; to provide a short title. The House substitute was as follows: A BILL To be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the offenses of assault and battery, so as to provide en hanced penalties for the commission of offenses of simple assault and battery against persons who are 65 years of age or older; to provide a short title; to provide enhanced penalties for the commission of offenses of simple battery, battery, and sexual assault against persons in custody when committed by employees, agents, or volunteers of cer tain health care facilities for disabled adults or elder persons; to amend Chapter 5 of Ti tle 30 of the Official Code of Georgia Annotated, known as the "Disabled Adults and Elder Persons Protection Act," so as to authorize the director of the county department of family and children services or the director's designee or an adult protection agency employee to file a petition in the probate or superior court to seek immediate access to a disabled adult or elder person who may be in imminent danger as a result of abuse, ex ploitation, or neglect; to provide procedures; to authorize a judge of the probate or supe rior court to issue an ex parte order requiring that an adult protection agency employee be given access to a disabled adult or elder person to inquire into such person's well-be ing; to provide for enforcement of such orders; to provide that certain provisions of law shall not be construed to deny law enforcement personnel who are conducting an investi gation into any criminal offense in which an elder person is a victim from having access 1864 JOURNAL OF THE SENATE to such records; to change certain provisions relating to penalties; to provide that a vio lation of Code Section 30-5-8 shall constitute a separate offense; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Crimes Against Elderly Act of 1999." SECTION 2. Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the offenses of assault and battery, is amended by striking in its entirety Code Section 16-5-20, relating to the offense of simple assault, and inserting in lieu thereof a new Code Section 16-5-20 to read as follows: "16-5-20. (a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. (b) Except as provided in subsection subsections (c) and (d) of this Code section, a per son who commits the offense of simple assault shall be guilty of a misdemeanor. (c) Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state. (d) Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature." SECTION 3. Said article is further amended by adding at the end of Code Section 16-5-23, relating to the offense of simple battery, a new subsection (f) to read as follows: "(ft A person who is an employee, agent, or volunteer at any facility licensed or re quired to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be li censed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, who commits the offense of simple battery against a person who is ad mitted to or receiving services from such facility, person, or entity shall be punished for a misdemeanor of a high and aggravated nature." SECTION 4. Said article is further amended by striking in its entirety Code Section 16-5-23.1, relat ing to the crime of battery, and inserting in lieu thereof a new Code Section 16-5-23.1 to read as follows: "16-5-23.1. (a) A person commits the offense of battery when he or she intentionally causes sub stantial physical harm or visible bodily harm to another. WEDNESDAY, MARCH 24, 1999 1865 (b) As used in this Code section, the term Visible bodily harm' means bodily harm ca pable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts. (c) Except as provided in subsections (d) through (r) (k) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor. (d) Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, however, that it is within the authority and discretion of the sentencing judge to: (1) Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; or (2) Suspend, probate, defer, stay, or withhold the minimum sentence where there exists clear and convincing evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice. (e) Upon a third or subsequent conviction for battery against the same victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. The minimum sentence provisions contained in subsection (d) of this Code section shall apply to sentences imposed pursuant to this subsection. (f) If the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, fos ter parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence battery and shall be punished as follows: (1) Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor; and (2) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be pun ished by imprisonment for not less than one nor more than five years. In no event shall this subsection be applicable to reasonable corporal punishment administered by parent to child. (g) Any person who commits the offense of battery in a public transit vehicle or sta tion shall, upon conviction thereof, be punished for a misdemeanor of a high and ag gravated nature. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (h) Any person who commits the offense of battery against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misde meanor of a high and aggravated nature. (i) Any person who commits the offense of battery against a teacher or other school personnel, engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both. 1866 JOURNAL OF THE SENATE (j) Except as otherwise provided in subsection (e) and paragraph (2) of subsection (f) of this Code section, any person who commits the offense of battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misde meanor of a high and aggravated nature. (k) A person who is an employee, agent, or volunteer at any facility licensed or re quired to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be li censed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, who commits the offense of battery against a person who is admitted to or receiving services from such facility, person, or entity shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years, or a fine of not more than $2,000.00, or both." SECTION 5. Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to the offense of sexual assault against a person in custody, is amended by adding at the end thereof a new subsection (d) to read as follows: "(d) A person who is an employee, agent, or volunteer at any facility licensed or re quired to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be li censed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, commits sexual assault when such person engages in sexual contact with another person who has been admitted to or is receiving services from such facil ity, person, or entity. A person convicted of sexual assault pursuant to this subsection shall be punished by imprisonment for not less than one nor more than five years, or a fine of not more than $5,000.00, or both. Any violation of this subsection shall con stitute a separate offense." SECTION 6. Chapter 5 of Title 30 of the Official Code of Georgia Annotated, known as the "Disabled Adults and Elder Persons Protection Act," is amended by adding at the end of Code Sec tion 30-5-5, relating to investigative reports of need for protective services, a new sub section (h) to read as follows: "(h) Notwithstanding any other provisions of this Code section, if any director or adult protection agency employee receives a report or gains knowledge that a disabled adult or elder person is in need of protective services and such disabled adult or elder per son may be in imminent danger resulting from abuse, exploitation, or neglect, the di rector or designee of the director may file a petition with the probate or superior court stating the grounds on which the director or designee of the director believes that the disabled adult or elder person may be in imminent danger and seeking immediate ac cess to such person. The judge, in his or her discretion, may issue an ex parte order requiring the caretaker or any other person at the place where the disabled adult or elder person resides to afford an adult protection agency employee immediate access to such person to determine the person's well-being. If the adult protection agency em ployee is denied access to the disabled adult or elder person, the employee shall con tact immediately a law enforcement officer to assist the employee in enforcing such or der. Any person willfully violating any order issued pursuant to this paragraph shall be in contempt of the court issuing such order and may be punished accordingly by the judge of the court. The adult protection agency employee shall conduct a brief in vestigation to determine the condition of the disabled adult or elder person." WEDNESDAY, MARCH 24, 1999 1867 SECTION 7. Said chapter is further amended by striking in its entirety Code Section 30-5-7, relating to confidentiality of public records, and inserting in lieu thereof a new Code Section 305-7 to read as follows: "30-5-7. All records pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the department shall be confidential; and access thereto by persons other than the department, the director, or the district attorney shall only be by valid subpoena or order of any court of competent jurisdiction. Nothing in this Code section shall be construed to deny law enforcement personnel who are conducting an investigation into any criminal offense in which an elder person is a victim from hav ing access to such records." SECTION 8. Said chapter is further amended by striking in its entirety Code Section 30-5-8, relating to criminal offenses and penalties, and inserting in lieu thereof a new Code Section 30-58 to read as follows: "30-5-8. (a)(l) In addition to any other provision of law, it ft shall be unlawful for any per son to abuse, neglect, or exploit any disabled adult or elder person. (2) Except as otherwise provided in Title 16, any Any person violating the provi sions of this subsection shall be guilty of a misdemeanor. (b)(l) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder per son abuse to fail knowingly and willfully to make such report. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor. (c) Any violation of this Code section shall constitute a separate offense." SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Senator Hecht of the 34th moved that the Senate agree to the House substitute to SB 163. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill 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 1868 JOURNAL OF THE SENATE Y Price.T Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Streat Y Tanksley Y Tate Y Thomas.D Thomas.N Y Thompson Walker Y Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 163. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House recedes from its position in amending the following bill of the Senate: SB 74. By Senators Marable of the 52nd, Hooks of the 14th, Bowen of the 13th 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 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 House has agreed to the Senate amendments, as amended by the House, to the fol lowing bills of the House: HB 407. By Representatives Ehrhart of the 36th, Alien of the 117th and Wiles of the 34th: A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Geor gia Annotated, relating to general provisions relative to child custody proceed ings, so as to provide for certain rights of children at least ten but less than 14 years old. HB 1000. By Representative Smith of the 169th: A bill to amend an Act providing for the composition and selection of the Board of Education of Pierce County, so as to change the compensation of the members of the board of education. HB 1001. By Representative Smith of the 169th: A bill to amend an Act providing for the election of members of the Board of Education of Brantley County, so as to change the provisions relating to the compensation of the members of the board. The time having arrived to entertain a motion for reconsideration, Senator Egan of the 40th moved that the Senate reconsider its action previously today, in disagreeing to the House amendment to Senate amendment #2 to HB 577. Senator Egan of the 40th asked unanimous consent that his motion be withdrawn. The consent was granted, and the motion to reconsider HB 577 was withdrawn. The President announced that the Senate would stand hi recess until 2:30 p.m. The President called the Senate to order at 2:35 p.m. WEDNESDAY, MARCH 24, 1999 1869 The following bills were taken up to consider House action thereto: 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. The House substitute was as follows: A BILL To be entitled an Act to amend Article 2 of Chapter 3 of Title 35 .of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to ratify the National Crime Prevention and Privacy Compact established by Section 217 of the Na tional Crime Prevention and Privacy Compact Act of 1998 contained in federal Public Law 92-544; to define certain terms; to provide duties for the director of the Georgia Crime Information Center; to provide for the criminal history records repository and for compliance with certain system rules, procedures, and standards; to provide for level of services; to require provision of certain records for noncriminal justice purposes and re strict certain uses thereof; to require the submission of fingerprints or other positive identification and provide for compliance of other laws with the compact and federal law; to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources, so as to authorize the De partment of Human Resources or certain licensed child-placing agencies to obtain from any law enforcement agency conviction data which is relevant to adult persons residing in homes in which the department may place children who are in its custody; to provide for the purpose for which such conviction data may be used and for the maintenance and protection of such data; to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia An notated, relating to employees' records checks for day-care centers, group day-care homes, family day-care homes, and child-caring institutions, so as to provide that no person may be employed at such a center without a satisfactory preliminary records check or satisfactory state and national fingerprint records check determinations within the previous 12 months; to provide that no person may be hired as or continue to serve as director without a satisfactory state and a pending national fingerprint records check; to provide for procedures related to license applicants, licensed centers, centers applying for licensure after expiration of a license, and centers which have changed directors; to provide for definitions; to provide for fees; to provide for exceptions to certain require ments for certain persons residing in family day-care homes, for emergency temporary employees, and for persons whose unsatisfactory determinations have been reversed; 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 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by inserting after Code Section 35-339 the following: "35-3-39.1. 1870 JOURNAL OF THE SENATE (a) As used in this Code section, the term: (1) 'Compact' means the National Crime Prevention and Privacy Compact estab lished by Section 217 of the federal law. (2) 'Compact council' means the compact council established by Article VI of the compact. (3) 'Director* means the director of the Georgia Crime Information Center. (4) 'Federal law' means the National Crime Prevention and Privacy Compact Act of of 1998 contained in Public Law 92-544. (5) 'Interstate identification system' or 'III system' means the cooperative federalstate system for the exchange of criminal history records as provided for in the compact. (b) The National Crime Prevention and Privacy Compact established by federal law is ratified, enacted, and entered into by the State of Georgia. The compact shall become operative immediately upon approval of this state's participation by the United States Attorney General. (c) The director shall be the compact officer and shall be responsible for: (1) Administering the compact within this state; (2) Ensuring that compact provisions and rules, procedures, and standards estab lished by the compact council are complied with in this state; and (3) Regulating the in-state use of records received from the Federal Bureau of Inves tigation or other states party to the compact. (d) The center shall establish and maintain a criminal history record repository to provide: (1) Information and records for the National Identification Index and the National Fingerprint File; and (2) This state's III system - indexed criminal history records for noncriminal justice purposes described in Article IV of the compact. (e) This state shall comply with III system rules, procedures, and standards estab lished pursuant to the compact concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of the III system operation. (f) Use of the III system by the center for noncriminal justice purposes authorized in the compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes. (g) Administration of the compact provisions shall not reduce the level of services available to noncriminal justice users on the effective date of the compact with this state. (h) The center shall provide criminal history records, excluding sealed records, to criminal justice agencies and other governmental and nongovernmental agencies for noncriminal justice purposes as required by the compact. (i) Records obtained under the compact may be used only for the official purposes for which the records were requested and under such procedures established by the direc tor in conformity with rules, procedures, and standards established pursuant to Article W of the compact. WEDNESDAY, MARCH 24, 1999 1871 (j) Notwithstanding any other law to the contrary, fingerprints or other forms of posi tive identification, as provided for in the compact, shall be submitted with all requests for criminal history record checks for noncriminal justice purposes authorized under the compact. Such records checks made pursuant to any other law of this state shall comply with this Code section, the compact, and federal law." SECTION 2. Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources, is amended by striking in their en tirety subsections (b) and (d) of Code Section 49-2-14, relating to obtaining conviction data, and inserting in their respective places the following: "(b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the judgment of the employer, a final employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employ ees. Further, the department or any licensed child-placing agency, designated by the department to assist it in preparing studies of homes in which children hi its custody may be placed, may receive from any law enforcement agency conviction data that is relevant to any adult person who resides in a home where children in the custody of the department may be placed." "(d) All conviction data received shall be for the exclusive purpose of making employ ment decisions or placement decisions concerning children in the custody of the de partment, and shall be privileged and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to in spect the employment, department, or licensed child-placing agency file. Immediately following the employment decision decisions or upon receipt of the conviction data con cerning any adult person who resides in a home where children in the custody of the department may be placed, all such conviction data collected by the department or the licensed child-placing agency shall be maintained by the department or child-placing agency pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. Penalties for the unauthorized release or disclosure of any conviction data shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investi gation and the Georgia Crime Information Center, as is applicable." SECTION 3. Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, is amended by inserting three new paragraphs in Code Section 49-5-60, relating to definitions relative to employees' records checks for day-care centers, to read as follows: "(5.1) 'Emergency temporary employee' means an employee other than a director whose duties involve personal contact between that person and any child being cared for at the facility and who is hired on an expedited basis to avoid noncompliance with staffing standards for centers required by law, rule, or regulation." 1872 JOURNAL OF THE SENATE "(14.1) 'National fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department in accordance with applicable law based upon a report from the Federal Bureau of Investigation after a search of bu reau records and fingerprints." "(18.1) 'State fingerprint records check determination' means a satisfactory or unsat isfactory determination by the department in accordance with applicable law based upon a records check comparison of GCIC information with fingerprints and other information in a records check application." SECTION 4. Said article is further amended by striking in its entirety Code Section 49-5-62, relating to the records check application for the director of a new facility and preliminary records checks for employees, and inserting in lieu thereof the following: "49-5-62. Accompanying any application for a new license for a facility, the applicant shall fur nish to the department a records check application for the director and a satisfactory preliminary records check application for each employee of such facility. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the de partment, that within the immediately preceding 12 months the director received a batisfactuiy received satisfactory state and national fingerprint records check dulmniiiialiun determination? and each employee received a satisfactory preliminary records check determination, or that any employee other than the director whose preliminary records check revealed a criminal record of any kind has either subsequently received satisfactory state and national fingerprint records check determinations or has had the unsatisfactory determination reversed in accordance with Code Section 49-5-73. The department shall may either perform preliminary records checks under agreement with GCIC or contract with GCIC and appropriate law enforcement agencies which have access to GCIC information to have those agencies perform for the department a preliminary records check for each lucuids check application and preliminary records check application submitted thereto by the department, and the department shall make a written deteimiuatiuii based upuii that mcuids check. Either the department or the appropriate law enforcement agencies may charge reasonable fees for perform ing preliminary records checks." SECTION 5. Said article is further amended by striking in its entirety Code Section 49-5-63, relating to determinations on preliminary records checks, license issuance, and effect of unsatis factory determination, and inserting in lieu thereof the following: "49-5-63. After being furnished the required records check application and preliminary lecuids check application under Code Section 49-5-62, the department shall notify in writing the license applicant as to each person for whom an application was received regard ing whether the department's determination as to that person's preliminary state fin gerprint records check was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to the diieclm and each employee of an appli cant's facility has applied fur a pieliininaiy lecuids check determination and the state fingerprint records check was satisfactory as to the director, that applicant may be is sued a license for that facility if the applicant otherwise qualifies for a license under Article 1 of this chapter. If the state or national fingerprint records check determina- WEDNESDAY, MARCH 24, 1999 1873 tion was unsatisfactory as to the director of an applicant's facility, the applicant shall designate another director for that facility after receiving notification of the determi nation and proceed under Code Section 49-5-62 and this Code section to obtain a pieliminary state and national fingerprint records check checks for that newly designated director. If the preliminary records check for any employee other than the director re vealed a criminal record of any kind, such employee shall not be allowed to work in the center until he or she either has obtained satisfactory state and national finger print records check determinations or has had the unsatisfactory determination re versed in accordance with Code Section 49-5-73. If the determination was unsatisfac tory as to any employee of an applicant's facility, the applicant shall, after receiving notification of that determination, take such steps as are necessary so that such per son is no longer an employee. Any employee other than the director who receives a satisfactory preliminary records check shall not be required to obtain a fingerprint records check unless such an employee has been designated as a director or as permit ted by the provisions of subsection (c) of Code Section 49-5-69." SECTION 6. Said article is further amended by striking hi its entirety Code Section 49-5-64, relating to fingerprint records checks, and inserting in lieu thereof the following: "49-5-64. ^sOu a DtiLioIttuLuji y ^I'^iliixiiitti1^ I'cCuxuS uicCiv u,tiLci lillilu.LiSc^U.^iit CO LliO IcitiL l^COi'ud CIltlCK. uciL^i uiniciLlOij., A. llCcIj.sc! illiiy 'J-1-^-^ ISouciii It Llic ItiClliL^y oLlit;i'Wii>e i^ucklillco lux' ci 11~ CtiliSc ^yill'SUcltiL tO AJ. Ln;rE I ul tins Clia^Lci. Aiij' new !&.CiliLy nl Lllls ol/ckLc II i BL OWH^il ui upci'iittiU uri or alter duly 1, X93G, by a ueiitci' itlretiuy llutJil^cii 10 LliiS Stilw dlliill ut; tu have a nuw license issued puisuant to Cude Oeuliuuu 49-5-01 tliiuugli 49-5- SECTION 9. Said article is further amended by striking in its entirety Code Section 49-5-67, which reads as follows: "49-5-67. Reserved.", and inserting in lieu thereof the following: "49-5-67. (a) Notwithstanding any other provision of this article, an individual who resides hi a family day-care home, as defined by Code Section 49-5-3, shall not be required to pro vide fingerprints for routine fingerprints records checks if the operator of the family day-care home provides the department with an affidavit stating that such individual is not present in the home at the same time as the children who are received for pay WEDNESDAY, MARCH 24, 1999 1875 for supervision and care. However, all persons residing in a family day-care home are required to obtain satisfactory preliminary records checks and submit them to the department. (b) As an exception to the requirements set out in this article for employees of centers, a center may hire emergency temporary employees in order to avoid noncompliance with staffing requirements for centers required by law, rule, or regulation. An emer gency temporary employee may start working immediately after requesting a prelimi nary records check from a local law enforcement agency and may work up to five working days without the results of the preliminary records check if the director of the center maintains an affidavit with supporting documents in the employee's personnel file stating that the emergency temporary employee applied for a preliminary records check with a local law enforcement agency before the employee began work and the date that the preliminary records check was received from the local law enforcement agency. The employee's personnel file shall be available to the department for inspec tion. At the end of the five-day work period or upon receipt of the results of the pre liminary records check, whichever occurs first, emergency temporary employees be come subject to all other requirements of this article." SECTION 10. Said article is further amended by striking in its entirety Code Section 49-5-68, relating to a change of director, and inserting in lieu thereof the following: "49-5-68. (a) If the director of a facility which has been issued a license ceases to be the director of that facility, the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notify the department of such change and of any additional information the department may require regarding the newly desig nated director of that facility. Such information shall include but not be limited to any information the licensee may have regarding preliminary or any fingerprint records check determinations regarding that director. After receiving a change of director no tification, the department shall make a written determination from the information furnished with such notification and the department's own records as to whether m satisfactory or unsatisfactory preliminary or state and national fingerprint records check JeUiiamialiuil has determinations have ever been made for the newly desig nated director. If the department determines that such director within 12 months prior thereto has had a satisfactory state and national fingerprint records check duleiuiinatiuii determinations, such detmuimatiuii determinations shall be deemed to be a satisfactory state and national fingerprint records check deteimiiiatiun determinations as to that director. The license of that facility shall not be adversely affected by that change in director, and the licensee shall be so notified. (b) If the department determines under subsection (a) of this Code section that there has ever been an unsatisfactory preliminary or state or national fingerprint records check determination of the newly designated director which has not been legally re versed, the center and that director shall be so notified theiuof. The license for that director's facility shall be indefinitely suspended or revoked unless the center designates another director for whom it has not received or made an unsatisfactory preliminary or state or national fingerprint records check determination and proceeds pursuant to the provisions of this Code section relating to a change of director. 1876 JOURNAL OF THE SENATE (c) If the department determines under subsection (a) of this Code section that there has have been no state and national fingerprint records check Julemiinatiuii determi nations regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the center. The center shall furnish to the de partment the fingerprint records check application of the newly designated director af ter the date the notification is sent by the department or the license of that facility shall be indefinitely suspended or revoked. If that fingerprint records check applica tion is so received, unless the department has within the immediately preceding 12 months made a satisfactory pielinilueuy state fingerprint records check determination regarding the newly designated director, the department shall perform a pieliuiiaaiy state fingerprint records check and determination of the newly designated director; and the applicant and that director shall be so notified theieuf. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding proce dures after notification shall apply. If that determination is satisfactory, the depart ment shall perform a national fingerprint records check and determination for that di rector as provided in Code Sections 49-5-64 and 49-5-65. The director may begin working upon the receipt of a satisfactory state fingerprint records check determina tion pending the receipt of the national fingerprint records check determination from the department. If that determination is satisfactory, the center and director for whom the determination was made shall be so notified after the department makes its deter mination, and the license for the facility at which that person is the newly designated director shall not be adversely affected by that change of director. If that determina tion is unsatisfactory, the provisions of subsection (b) of this Code section shall apply." SECTION 11. Said article is further amended by striking in its entirety Code Section 49-5-69, relating to employment requirements and penalties for violations, and inserting in its place the following: "49-5-69. (a) Before a person may become an employee other.than a director of any facility center after that facility center has received a license, that facility center shall require that person to furnish tu the depai Lmeiit obtain a satisfactory preliminary records CllGCK ijJ.)IlCetLiOU. J.llt^ u^^)^il Lilliciit Sli&ll) LU^u^i' Lliti JL^iOCcuUi&s ul v>ud.c k3tiCLiOliS 4\/~tj~ 02 and 49-0-00, make a preliminary lecuids tlmck duUiiiuiiialiuu and send uutice thereof tu the facility and employee. The center shall maintain documentation in the employee's personnel file, which is available to the department upon request, which reflects that a satisfactory preliminary criminal records check was received before the employee began working with children. If the preliminary records check for any po tential employee other than the director reveals a criminal record of any kind, such potential employee shall not be allowed to begin working until either such potential employee has obtained satisfactory state and national fingerprint records check deter minations or has had the unsatisfactory preliminary or fingerprint records check de termination reversed in accordance with Code Section 49-5-73. If the either the pre liminary or state or national fingerprint records determination is unsatisfactory, the facility center shall, after receiving notification of the determination, take such steps as are necessary so that such person is no longer an employee. Any potential employee other than the director who receives a satisfactory preliminary records check determi nation shall not be required to obtain a fingerprint records check determination except as permitted in accordance with subsection (c) of this Code section. WEDNESDAY, MARCH 24, 1999 1877 (b) A license is subject to suspension or revocation and the department may refuse to issue a license if a director or employee does not undergo the records and fingerprint checks applicable to that director or employee and teueive a satisfactory detmmiiiatiun receive satisfactory determinations. (c) After the issuance of a license, the department may require a fingerprint records check on any director or employee to confirm identification for records search pur poses, w lion ail uiioaLioiautui,)' ^jiGliiiiiiii*ijf iciAsiilb i*lici^Jv is id*dvdl, wnen tne department has reason to believe the applicant employee has a criminal record that renders the employee ineligible to have contact with children in the center, or during the course of a child abuse investigation involving the director or employee. (d) No center may have hire any person as an employee after Januaiy 1, 1900, July 1, 1999, unless there is on file in the center an employment history and a satisfactory preliminary records check application or, if the preliminary records check determina tion revealed a criminal record of any kind as to such person, either satisfactory state and satisfactory national records check determinations for that person or proof that an unsatisfactory determination has been reversed in accordance with Code Section 49-5- (e) A director of a facility having an employee whom that director knows or should reasonably know to have a criminal record that renders the employee ineligible to have contact with children in the center shall be guilty of a misdemeanor." SECTION 12. All laws and parts of laws in conflict with this Act are repealed. Senator Hecht of the 34th moved that the Senate agree to the House substitute to SB 165. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Blitch Bowen Broun, 46th Y Brown, 26th Brush Y Burton Y Butler Y Cable Cagle Cheeks Y Crotts Y Dean Y Egan Fort Y Gillis Y Gingrey Golden Y Guhl Y Harbison Y Hecht Hill Hooks Y Huggins Y Jackson Y James 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 Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Tate Y Thomas,D Thomas,N Y Thompson Y Walker Y Williams On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 165. 1878 JOURNAL OF THE SENATE HB 211. By Representatives Walker of the 141st and Buck of the 135th: A bill to amend Article 6 of Chapter 3 of Title 20 of the Official Code of Geor gia Annotated, the "Private Colleges and Universities Authority Act," so as to change the definition of the term "institution of higher education" for purposes of said article; to thereby change the scope and operation of said article. Senator Hill of the 4th moved that the Senate insist on its amendment to HB 211. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 211. HB 1000. By Representative Smith of the 169th: A bill to amend an Act providing for the composition and selection of the Board of Education of Pierce County, so as to change the compensation of the members of the board of education. The House amendment was as follows: Amend the Senate amendment (AM 14 0384) to HB 1000 by adding after the period on line 8 of page 1 the following: "This monthly salary shall include any called or special meetings of the board and no extra compensation shall be paid for any called or special meetings." By adding after line 14 of page 1 the following: "By striking Section 2 and inserting in its place a new Section 2 to read as follows: 'SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.'" Senator Williams of the 6th moved that the Senate agree to the House amendment to the Senate amendment to HB 1000. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Blitch Y Bowen Y Broun, 46th Y Brown, 26th Brush Y Burton Y Butler Y Cable Cagle Cheeks Y Crotts Y Dean Y Egan Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Hooks Y Hugging Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Meyer von Bremen Perdue Y Polak Y Price.R Y Price,T Ragan Y Ray Y Roberts Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Walker Y Williams WEDNESDAY, MARCH 24, 1999 1879 On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1000. HB 1001. By Representative Smith of the 169th: A bill to amend an Act providing for the election of members of the Board of Education of Brantley County, so as to change the provisions relating to the compensation of the members of the board. The House amendment was as follows: Amend the Senate amendment (AM 14 0383) to HB 1001 by adding after line 15 of page 1 the following: "By striking Section 2 and inserting in its place a new Section 2 to read as follows: 'SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.'" Senator Williams of the 6th moved that the Senate agree to the House amendment to the Senate amendment to HB 1001. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Blitch Y Bowen Broun, 46th Y Brown, 26th Brush Y Burton Y Butler Y Cable Cagle Cheeks Y Crotts Y Dean Y Egan Fort Y Gillis Y Gingrey Y Golden Y Guhl 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 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 motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1001. 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 1880 JOURNAL OF THE SENATE 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. The House amendment was as follows: Amend SB 210 by striking "an unrestricted" and inserting "a" on line 10 of page 5. By striking "Every" on line 13 of page 5 and inserting in its place the following: "Except for managed care plans offering a consumer choice option under subparagraph (d)(2)(C) of this Code section, every". By striking lines 23 through 28 of page 5 and inserting in their place the following: "(B) Such health care provider or hospital agrees to accept reimbursement from both the plan and the enrollee at the rates and on the terms and conditions appli cable to similarly situated participating providers and hospitals. The reimburse ment rates for the plan may be proportionally reduced from those paid to partici pating providers if the cost-sharing provisions in paragraph (3) of subsection (d) of this Code section are utilized in the consumer choice option;". By striking lines 14 through 35 of page 6 and inserting in their place the following: "(A) For health benefit plans offered by health maintenance organizations under Chapter 21 of this title, the managed care entity may offer both of the following options, but must offer either: (i) The actuarial basis of the option taking into account administrative and other costs associated with the exercise of this option or a 17.5 percent increase in premium over the plan without the option, whichever is less, or (ii) The actuarial basis of the option with cost sharing as provided under para graph (3) of this subsection taking into account administrative and other costs associated with the exercise of this option or a 15 percent increase in premium over the plan without the option and with cost sharing as provided under para graph (3) of this subsection, whichever is less; (B) For all other managed care plans under this chapter, the managed care entity may offer both of the following options, but must offer either: (i) The actuarial basis of the option taking into account administrative and other costs associated with the exercise of this option or a 10 percent increase in premium over the plan without the option, whichever is less; or (ii) The actuarial basis of the option with cost sharing as provided under para graph (3) of this subsection taking into account administrative and other costs associated with the exercise of this option or a 7.5 percent increase in premium over the plan without the option and with cost sharing as provided under para graph (3) of this subsection, whichever is less; (C) Notwithstanding subparagraph (B) of this paragraph, for all other managed care plans under this chapter, a health benefit plan may offer at no additional premiums or cost sharing a preferred provider organization network plan under Article 2 of Chapter 30 of this title, which plan contains standards for participat ing providers and hospitals which: WEDNESDAY, MARCH 24, 1999 1881 (i) Meets the requirements of subparagraphs (A), (C), and (D) of paragraph (1) of subsection (c) of this Code section; and (ii) Includes only health care providers and hospitals which agree to accept the reimbursement from both the plan and the enrollee at the rates and on the terms and conditions applicable to similarly situated participating providers and hospitals and under any cost-sharing conditions required of other similarly situ ated preferred providers, which reimbursement shall be accepted as full and fi nal payment for the covered health care services provided to the enrollee and no preferred provider shall bill the enrollee for any portion of a payment exclusive of the requirements of this subparagraph. Managed care plans offering the preferred provider organization network plan under this subparagraph shall not place capacity limits on the number or classes of providers authorized to be preferred providers except where the services regu larly performed by a particular class of providers are not covered services within the scope of the health benefit plan or plans offered by the managed care plan pursuant to Article 2 of Chapter 30 of this title. This subparagraph shall not su persede any other requirement of this title regarding the coverage of a certain class or classes of providers." By striking "Any" on line 36 of page 6 and inserting in its place the following: "Except as provided in subparagraph (C) of paragraph (2) of this subsection for a con sumer choice option without cost sharing, any". By striking "If coinsurance is used in network" and inserting "In all cases" on line 8 of page 7. By adding "difference" immediately following "points" on line 10 of page 7. Senator Thompson of the 33rd moved that the Senate agree to the House amendment to SB 210. On the motion, a roll call was taken, and the vote was as follows: Y Balfour 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 Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R 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 1882 JOURNAL OF THE SENATE On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 210. 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. The House amendment was as follows: Amend the Senate amendment (AM 21 0814) to HB 558 by striking lines 9 through 12 and inserting in their place the following: "subparagraph, a municipality located within a standard metropolitan statistical area recognized by the United States Department of Commerce, Bureau of the Census, which is levying a tax at a rate of 5 percent pursuant to paragraph (3) of this subsec tion on or before January 1, 1999, and in which an interstate highway is located, shall, on and after the effective date of this Act, be authorized to levy and collect". Senator Price of the 28th moved that the Senate agree to the House amendment to the Senate amendment to HB 558. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Fort Y Gillis Y Gingrey Y Golden Y Guhl Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Ragan Y Ray Y Roberts Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Tanksley Y Tate Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 558. HB 530. By Representatives Holmes of the 53rd, Hudson of the 120th, Scott of the 165th and others: WEDNESDAY, MARCH 24, 1999 1883 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. Senator James of the 35th moved that the Senate insist on its substitute to HB 530. On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 530. SB 195. By Senators Hill of the 4th, Stokes of the 43rd, Madden of the 47th and others: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Geor gia Annotated, the "Hospital Authorities Law," so as to provide for a short ti tle and legislative intent and findings; to provide for definitions; to provide for the certification of certain rural hospitals for grant eligibility; to provide for the award of grants to certain rural hospitals under certain conditions and for certain purposes. The House amendment was as follows: Amend SB 195 as follows: On page 1, line 30, delete the words "required to" and substitute in lieu thereof the fol lowing: "necessary and recommends funds" so as to read: "necessary and recommends funds be made available to such hospitals." On page 2, line 17, correct "medicare" to read "Medicare" Senator Hill of the 4th moved that the Senate agree to the House amendment to SB 195. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Butler Y Cable N Cagle Y Cheeks Y Crotts Y Dean Y Egan Fort Y Gillis Y Gingrey Y Golden N Guhl Harbison N Hecht Y Hill Y Hooks Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R N 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 1884 JOURNAL OF THE SENATE On the motion, the yeas were 46, nays 4; the motion prevailed, and the Senate agreed to the House amendment to SB 195. The following communication was filed with the Secretary: On 3-24-99, I voted incorrectly on final passage (of SB 195), I wish to change my vote to "YES". Thank You, /s/ Tom Price 56th District 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. The House substitute was as follows: A BILL To be entitled an Act to provide a new charter for the City of Avondale Estates; to pro vide 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, election, terms, qualifica tions, vacancies, compensation, and expenses thereof; to prohibit conflicts of interest and holding other offices; to provide for disclosures and ethics; to provide for inquiries and investigations; to provide for eminent domain; to provide for meetings and rules of proce dure; to provide for quorums and voting; to provide for ordinances, resolutions, emergen cies, and codes of technical regulations; to provide for a city manager and the appoint ment, removal, powers, and duties thereof; to prohibit certain conduct; to provide for a mayor pro tempore; to provide for the powers and duties of the mayor; to provide for ad ministrative affairs and departments, boards, commissions, committees, and authorities; to provide for a city attorney, city clerk/treasurer, and other officials, officers, and em ployees; to provide for position classification and pay plans and personnel policies; to provide for a municipal court and the judges, jurisdiction, compensation, terms, powers, authority, rules, and other matters related to the court; to provide for certiorari; to pro vide for elections and removal; to provide for financial affairs of the city and taxation, regulatory fees, and permits; to provide for franchises; to provide for service charges, special assessments, construction, and other taxes and fees; to provide for bonds and loans; to provide for contracts and leases; to provide for a fiscal year and budgets; to provide for audits, contracting procedures, and purchasing; to provide for sale and lease of city property; to provide for bonds of officials; to provide for prior ordinances, existing personnel and officers, and pending matters; to provide for construction; to provide for severability; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.10. Name. WEDNESDAY, MARCH 24, 1999 1885 This city and the inhabitants thereof are reincorporated by the enactment of this charter and are constituted and declared a body politic and corporate under the name and style City of Avondale Estates, Georgia, and by that name shall have perpetual succession. SECTION 1.11. Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adop tion of this charter and are as more particularly described and set forth in Appendix A attached hereto. (b) The board of mayor and commissioners, as defined in Section 2.10 of this charter, may provide for changes in Appendix A by ordinance to reflect lawful changes in the cor porate boundaries. (c) The city shall maintain an official map of the city which accurately depicts the corpo rate boundaries. SECTION 1.12. Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifi cally enumerated in this charter, including, without limitation: (1) Animal regulations. To regulate and to license or to prohibit the keeping or run ning at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordi nance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes au thorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as au thorized by the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted, and other privileges, occupations, trades, and pro fessions; to permit and to regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate boundaries of the city, for present or future use and for any corporate purpose deemed neces sary by the governing authority, utilizing procedures enumerated in the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements; 1886 JOURNAL OF THE SENATE (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and to preserve the natural resources, en vironment, and vital areas through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedi mentation, the management of solid and hazardous waste, and other necessary ac tions for the protection of the environment; (9) Fire regulations. To prescribe fire safety regulations, not inconsistent with law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violations thereof; (10) Garbage disposal and fees. To provide for and to regulate the collection and dis posal of garbage, rubbish, refuse, and trash; to provide for the separate collection and disposal of recyclable materials; to levy, fix, assess, and collect a garbage, re fuse, rubbish, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services from all individuals, firms, and corporations owning property or doing business in the city; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such charges, taxes, and fees; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, or safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences and community service. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; or to provide for such other community service as the municipal court may deem appropriate; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including, without limitation, parking upon the streets, roads, alleys, walkways, and other areas of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish depart ments, boards, offices, commissions, committees, and agencies of the city and to con fer upon such bodies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any pro ject, program, or venture authorized by this charter or the laws of the State of Georgia; WEDNESDAY, MARCH 24, 1999 1887 (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or intangible property, in fee simple or any other interest, inside or outside the corporate boundaries of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dis pose of public utilities, including, without limitation, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants and facilities for the transportation of same, cable television and other telecommunications, transporta tion facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To abate nuisances, whether public or private, on public or private property; (22) Penalties. To provide penalties for violation of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning as the board of mayor and commissioners deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community and to provide regu lation for subdivision, historic preservation, and all other purposes; (24) Police and fire protection. To exercise all police powers, including, but not lim ited to, the power of arrest through duly appointed police officers and to establish, operate, or contract for police, fire-fighting, emergency medical service, and all other public safety agencies; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure or condition which is dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, op eration, and maintenance of all public improvements, including, without limitation, public ways, public transportation, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educa tional, recreational, conservation, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities, inside or outside the corporate bounda ries of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation utilizing the procedures enumerated in the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, ri ots, and public disturbances; (28) Public utilities and services. To grant franchises or to make contracts for or im pose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in con flict with valid regulations of the Public Service Commission; 1888 JOURNAL OF THE SENATE (29) Regulation of roadside areas. To prohibit or to regulate and to control the erec tion, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets, roads, and alleyways or within view thereof, within or abutting the corporate boundaries of the city; and to prescribe penalties and punishment for vio lation of such ordinances; (30) Retirement. To provide and to maintain a retirement plan for officers and em ployees of the city; (31) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads, and over the bridges, viaducts, and other public property for the use of public utilities; and to repair and maintain in a safe condition the walkways on public rights of way; (32) Special areas of public regulation. To regulate or to prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, inflammable, and hazardous materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or other wise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (33) Special assessments. To levy and to provide for the collection of special assess ments to cover the costs for any public improvements; (34) Taxes: ad valorem. To levy and to provide for the assessment, valuation, revalu ation, and collection of taxes on all property subject to taxation; (35) Taxes: other. To levy and to collect such other taxes as may be allowed now or in the future by law; (36) Taxicabs. To regulate and to license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (37) Urban redevelopment. To organize and operate an urban redevelopment pro gram; and (38) Other powers. To exercise and to enjoy all other powers, functions, rights, privi leges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, education, or general wel fare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and com pletely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by municipal governments under the laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases grant- WEDNESDAY, MARCH 24, 1999 1889 ing powers, but shall be held to be in addition to such powers unless expressly pro hibited to municipalities under the Constitution or applicable laws of the State of Georgia. (b) This city shall have all the powers of self-government not otherwise prohibited by this charter or by law. (c) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. SECTION 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia, as are or may hereafter be enacted. ARTICLE II GOVERNMENT STRUCTURE SECTION 2.10. Board of mayor and commissioners; creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a board of mayor and commissioners to be composed of a mayor and four commissioners and shall be known as the board of mayor and commissioners. The board of mayor and commissioners established shall in all re spects be a successor to and continuation of the governing authority under prior law. The mayor and commissioners shall be elected in the manner provided by law and this charter. SECTION 2.11. Board of mayor and commissioners; terms and qualifications for office. The members of the board of mayor and commissioners shall serve for terms of four years commencing on the first regular meeting in January of the year immediately fol lowing the year such commissioner or the mayor is elected and until the respective suc cessor is elected and qualified. No person shall be eligible to serve as mayor or commis sioner unless that person shall have been a resident of the city for a continuous 12 months prior to the date of qualification for election of mayor or commissioner; each shall continue to reside therein during that member's period of service and to be regis tered and qualified to vote in municipal elections of the city; and each shall not have been convicted of a felony at the time of qualification or during that member's period of service. SECTION 2.12. Vacancy; filing of vacancies. (a) Vacancies -- The office of mayor or commissioner shall become vacant upon the oc currence of any event specified as constituting a vacancy by the Constitution of the State of Georgia, the Official Code of Georgia Annotated, such other applicable laws as are or may hereafter be enacted, or this charter or should the mayor or commissioner no longer be qualified pursuant to this charter. 1890 JOURNAL OF THE SENATE (b) Filling of vacancies -- A vacancy in the office of mayor or commissioner shall be fil led for the remainder of the unexpired term by special election in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated or such other laws as are or may hereafter by enacted. SECTION 2.13. Compensation and expenses. The mayor and commissioners shall receive compensation and expenses for their ser vices as provided by ordinance. SECTION 2.14. Conflicts of interest; holding other offices. (a) Elected officials and appointed officers of the city are trustees and servants of the re sidents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest-- No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal in terest, direct or indirect, including, but not limited to, any business, transaction, or any such interest of an immediate family member of such individual, which is in compatible with the proper discharge of that elected official's, appointed officer's, or employee's official duties or which would tend to impair the independence of the elected official's, appointed officer's, or employee's judgment or action in the per formance of those official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service, including, but not limited to, those for or on be half of an immediate family member of such individual, is incompatible with the proper discharge of that elected official's, appointed officer's, or employee's official duties or would tend to impair the independence of the elected official's, appointed officer's, or employee's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to the Official Code of Georgia Annotated, concerning the property, government, or affairs of the governmental body by which the elected offi cial, appointed officer, or employee is engaged without proper legal authorization or use such information to advance the financial or other private interest of the elected official, appointed officer, employee, or others, including, but not limited to, an im mediate family member of such individual; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation, including, but not limited to, a member of the immediate family of such individual, which to the elected official's, appointed of ficer's, or employee's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the city or any agency or political entity to which this charter applies; provided, however, that an elected official who is a candi date for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government, including, but not limited to, the private interests of an immediate family member; or WEDNESDAY, MARCH 24, 1999 1891 (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the elected official, public officer, or employee, or any member of the immediate family of any such individual, has financial interest. (c) Disclosure-- Any elected official, appointed officer, or employee who shall have, or whose immediate family member shall have, any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall promptly disclose such interest to the board of mayor and commissioners. The mayor and any commissioner who has, or whose immediate family member has, a financial in terest in any matter pending before the board of mayor and commissioners shall promptly disclose such interest and such disclosure shall be entered on the records of the board of mayor and commissioners, and the mayor or that commissioner shall dis qualify himself or herself from participating in any discussion, decision, or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political en tity to which this charter applies who shall have, or whose immediate family member shall have, any financial interest, directly or indirectly, in any contract or matter pend ing before or within such entity shall promptly disclose such interest to the governing body of such agency or entity and to the board of mayor and commissioners. (d) Use of public property-- No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use or knowingly permit the use of property owned or leased by such governmental entity for personal benefit, conve nience, or profit except in accordance with policies promulgated by the board of mayor and commissioners or the governing body of such agency or entity. (e) Contracts voidable and rescindable-- Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said con tract or sale voidable at the option of the board of mayor and commissioners. (f) Ineligibility of elected official-- Except where authorized by law, neither the mayor nor any commissioner shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former commissioner shall hold any compensated appointive office In or be an employee of the city until two years after the expiration of the term for which the mayor or that commissioner was elected. (g) Political activities of employees-- No employee of the city shall continue in such em ployment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or upon election to any other public office which is inconsistent, incom patible, or in conflict with the duties of the city employee. No employee of the city may campaign for or on behalf of or contribute to any candidate for election to any public of fice in the city. (h) Penalties for violation-- (1) Any elected official, appointed officer, or employee who knowingly conceals such financial interest or knowingly violates any of the provisions of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited im mediately that person's office or position. 1892 JOURNAL OF THE SENATE (2) Any elected official, appointed officer, or employee of the city who shall forfeit an office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. (i) Immediate family-- For the purposes of this article, the term "immediate family," "member of the immediate family," "immediate family member," and similar terms shall mean and include any one or more of the following persons: a parent, spouse, child, stepchild, brother, sister, grandparent, grandchild, parent-in-law, brother-in-law, sisterin-law, aunt, uncle, niece, or nephew of and any person residing with the respective elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies. SECTION 2.15. Inquiries and investigations. Following the adoption of an authorizing resolution, the board of mayor and commission ers may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who falls or refuses to obey a lawful order issued in the exercise of these powers by the board of mayor and commissioners shall be punished as provided by ordinance. SECTION 2.16. General power and authority of the board of mayor and commissioners. Except as otherwise provided by law or this charter, the board of mayor and commis sioners shall be vested with all the powers of government of this city. SECTION 2.17. Eminent domain. The board of mayor and commissioners is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, cura tive, corrective, detentional, penal, and medical institutions, agencies, and facilities and any other public improvements inside or outside the city and to regulate the use thereof and, for such purposes, property may be condemned under procedures established under law applicable now or as provided in the future. SECTION 2.18. Regular and special meetings. (a) The board of mayor and commissioners shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the board of mayor and commissioners may be held on call of the mayor or two commissioners. Notice of such special meetings shall be served on all other commission members in writing at least 24 hours in advance of the meeting. Such notice to commissioners shall not be required if the mayor and all commissioners are present when the special meeting is called. Such notice of any special meeting may be waived by a commissioner in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such commissioner's presence. Only the business stated in the call may be transacted at the special meeting. WEDNESDAY, MARCH 24, 1999 1893 (c) All meetings of the board of mayor and commissioners shall be open to the public in compliance with the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted. SECTION 2.19. Rules of procedure. (a) The board of mayor and commissioners shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) Unless otherwise provided by law or this charter, all committees shall be established and appointed by the board of mayor and commissioners, provided that the mayor may appoint committee chairs upon the advice and consent of the board. SECTION 2.20. Quorum; voting. Three members of the board of mayor and commissioners shall constitute a quorum and shall be authorized to transact business of the board of mayor and commissioners. Vot ing on the adoption of ordinances, resolutions, and any other matter requiring a vote of the board shall be by voice vote and the vote shall be recorded in the journal, but any member of the board of mayor and commissioners shall have the right to request a rollcall vote and such vote shall be recorded in the journal. The affirmative vote of three members present and voting shall be required for the adoption of any ordinance, resolu tion, or motion. SECTION 2.21. Ordinance form; procedures. (a) Every proposed ordinance shall be introduced in writing and in the appropriate form required for final adoption. No ordinance shall address a subject which is not expressed in its title. The enacting clause shall be "Be it ordained by the City of Avondale Estates, as follows:" and every ordinance shall so begin. (b) An ordinance may be introduced by any member of the board of mayor and commis sioners and be read at a regular or special meeting of the board of mayor and commis sioners. Ordinances shall be considered and adopted or rejected by the board of mayor and commissioners in accordance with the rules which it shall establish; provided, how ever, an ordinance shall not be adopted until such time that the ordinance has been read at three' separate meetings of the board of mayor and commissioners, except for emergency ordinances provided in Section 2.23 of this charter. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each commissioner and shall file a reasonable number of copies in the office of the clerk and at such other public places as the board of mayor and commissioners may designate. SECTION 2.22. Action requiring an ordinance. Acts of the board of mayor and commissioners which have the force and effect of law shall be enacted by ordinance. SECTION 2.23. Emergencies. (a) To meet a public emergency affecting life, health, property, or public peace, the board of mayor and commissioners may convene on call of the mayor or two commissioners and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its ser- 1894 JOURNAL OF THE SENATE vices; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances gener ally, except that it shall be plainly designated as an emergency ordinance and shall con tain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is intro duced. The affirmative vote of three members of the board of mayor and commissioners shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emer gency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in ac cordance with the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted. SECTION 2.24. Codes of technical regulations. (a) The board of mayor and commissioners may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and require ments governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.21 of this charter for dis tribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be au thenticated and recorded by the city clerk pursuant to Section 2.25 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public. SECTION 2.25. Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the board of mayor and commissioners. (b) The board of mayor and commissioners shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The gen eral codification shall be adopted by the board of mayor and commissioners by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the board of mayor and com missioners may specify. This compilation shall be known and cited officially as "The Code of City of Avondale Estates, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city manager. (c) The board of mayor and commissioners shall cause each ordinance and each amend ment to this charter to be printed promptly following its adoption, and the printed ordi nances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the board of mayor and commissioners. Following publi cation of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code cur rently in effect and shall be suitable in form for incorporation therein. The city man- WEDNESDAY, MARCH 24, 1999 1895 ager shall make such further arrangements as deemed desirable for reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 2.26. City manager; appointment; qualifications; compensation; The board of mayor and commissioners shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be ap pointed on the basis of executive, administrative, and educational qualifications. SECTION 2.27. Removal of city manager. The city manager is employed at will and may be summarily removed from office at any time by the affirmative vote of a majority of the board of mayor and commissioners at a regular meeting or at a special meeting called for that purpose. SECTION 2.28. Acting city manager. By letter filed with the city clerk, the city manager may designate, subject to approval of the board of mayor and commissioners, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental disability. During such absence or disability, the board of mayor and commissioners may revoke any such designation at any time and may at any time appoint any officer or employee of the city to serve until the city manager shall re turn or the city manager's disability shall cease. SECTION 2.29. Powers and duties of the city manager. The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the board of mayor and commissioners for the ad ministration of all city affairs placed in the city manager's charge by or under this char ter. As the chief executive and administrative officer, the city manager shall: (1) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pur suant to this charter; and the city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise those pow ers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all board of mayor and commissioners meetings except for closed meet ings held for the purposes of deliberating on the appointment, performance evalua tion, discipline, or removal of the city manager and have the right to take part in discussion but have no vote; (4) See that all laws, provisions of this charter, and acts of the board of mayor and commissioners, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the board of mayor and commissioners; 1896 JOURNAL OF THE SENATE (6) Submit to the board of mayor and commissioners and make available to the pub lic a complete report of the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the board of mayor and commissioners may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Act as purchasing agent of the city and purchase all materials, .supplies, and equipment for the conduct of the business of the city; (9) Keep the board of mayor and commissioners fully advised as to the financial condition and future needs of the city and make such recommendations to the board of mayor and commissioners concerning the affairs of the city as the city manager deems desirable; and (10) Perform other such duties as are specified in this charter or as may be required by the board of mayor and commissioners. SECTION 2.30. Commission interference with administration. Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the board of mayor and commissioners or the members of the board of mayor and com missioners shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the board of mayor and commissioners nor any member of the board of mayor and commis sioners shall give orders to any such officer or employee, either publicly or privately. Said board shall exercise its powers in session, duly assembled, and no member or group of members thereof shall otherwise attempt to exercise the powers conferred upon the board. SECTION 2.31. Selection of mayor pro tempore. The board of mayor and commissioners shall elect a commissioner to serve as mayor pro tempore, who shall serve at the pleasure of the board of mayor and commissioners. The mayor pro tempore shall continue to vote and otherwise participate as a commissioner. SECTION 2.32. Mayor pro tempore. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore, or in the mayor pro tempore's absence or disability for any reason, any one of the commissioners chosen by a majority vote of the board of mayor and com missioners, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all com missioners. The mayor pro tempore or selected commissioner shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. SECTION 2.33. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the board of mayor and commissioners; WEDNESDAY, MARCH 24, 1999 1897 (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths, issue proclamations, and take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved con tracts, ordinances, and other instruments executed by the city which by law are re quired to be in writing; (5) Vote on matters before the board of mayor and commissioners and be counted to ward a quorum as any other commission member; (6) Fulfill such other duties as the board of mayor and commissioners shall by ordi nance or resolution establish; and (7) Perform such other duties and exercise such other powers as are otherwise pro vided by law and this charter. ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the board of mayor and commissioners, by ordinance, shall prescribe the functions or duties and establish, abolish, alter, consoli date, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and govern ment of the city. (b) Except as otherwise provided by this charter or by law, the heads of departments and other appointed officers of the city shall be appointed, in the manner set forth be low, solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and heads of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a head of each department or agency who shall be its principal officer. Each principal officer shall, subject to the direction and supervision of the city manager as set forth below, be responsible for the administration and direction of the affairs and operations of that department or agency. (e) All appointed officers under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the board of mayor and com missioners, and heads of departments under the supervision of the city manager shall be selected by the city manager. All appointed officers and department heads shall be em ployees at will and subject to removal or suspension at any time by the city manager unless otherwise provided by law or ordinance. SECTION 3.11. Boards, commissions, committees, and authorities. (a) The board of mayor and commissioners shall create by ordinance or resolution such boards, commissions, committees, and authorities to fulfill any investigative, quasi-judi cial, or quasi-legislative function the board of mayor and commissioners deems necessary and shall by ordinance or resolution establish the composition, period of existence, du ties, and powers thereof. 1898 JOURNAL OF THE SENATE (b) All members of boards, commissions, committees, and authorities of the city shall be appointed by the board of mayor and commissioners for such terms of office and in such manner as shall be provided by ordinance or resolution, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The board of mayor and commissioners, by ordinance or resolution, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, committee, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commis sion, committee, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, committee, or authority of the city shall be fil led for the unexpired term in the manner prescribed in this charter or such ordinance or resolution for original appointment, except as otherwise provided by this charter or by law. (f) Except as otherwise provided by this charter or by law, each board, commission, com mittee, or authority of the city shall elect one of its members as chair and one member as vice chair, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, committee, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk. SECTION 3.12. City attorney. The board of mayor and commissioners shall appoint a city attorney, together with such assistant city attorneys as may be authorized, each of whom shall be a member in good standing of the State Bar of Georgia, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney and assistants shall serve at the pleasure of the board of mayor and commissioners, and the city attorney shall be responsible for providing for the representation and defense of the city in all lit igation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the board of mayor and commissioners as directed; shall advise the board of mayor and commissioners, mayor, and other officers and em ployees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. SECTION 3.13. City clerk/treasurer. The city manager shall appoint a city clerk/treasurer (referred to throughout this char ter as the "city clerk") who shall not be an elected officer of the city. The city clerk shall be custodian of the official city seal and city records; maintain board of mayor and com missioners records required by this charter; and report to and perform such other duties as may be required by the city manager. SECTION 3.14. Position classification and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the board of mayor and commissioners for ap proval. Such plan shall apply to all employees of the city and any of its agencies, de- WEDNESDAY, MARCH 24, 1999 1899 partments, boards, commissions, or authorities. When a pay plan has been adopted, the board of mayor and commissioners shall not increase or decrease the salary range appli cable to any position except by amendment of such pay plan. For purposes of this sec tion, all elected and appointed city officials are not city employees. SECTION 3.15. Personnel policies. All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance. ARTICLE IV JUDICIAL BRANCH SECTION 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Avondale Es tates, Georgia. SECTION 4.11. Chief judge; associate judge; city solicitor. (a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge or solicitor of the munici pal court unless that person shall be a member in good standing of the State Bar of Georgia and shall possess all qualifications required by law. All judges and solicitors shall be appointed by the board of mayor and commissioners and shall serve at will and may be removed from office at any time by the board of mayor and commissioners. (c) Compensation of all judges and solicitors shall be fixed by the board of mayor and commissioners. (d) Before assuming office, each judge or solicitor shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor, or partiality. The oath shall be en tered upon the minutes of the board of mayor and commissioners journal required in Section 2.19 of this charter. SECTION 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 4.13. Jurisdictions; powers. (a) The municipal court shall try and punish violations of this charter, all city ordi nances, and such other violations as permitted by law. (b) The municipal court shall have authority to punish for contempt, provided that such punishment shall not exceed those limits established by the Official Code of Georgia An notated as applicable to municipal courts, by both fine and imprisonment. (c) The municipal court may fix punishment for offenses within its jurisdiction. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transporta tion, and caretaking of prisoners bound over to superior courts for violations of state law. 1900 JOURNAL OF THE SENATE (e) The municipal court shall have authority to establish bail and recognizances to en sure the presence of those charged with violations before said court and shall have dis cretionary authority to accept cash or personal or real property as surety for the appear ance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to ap pear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served and executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the ar rest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to is sue warrants for offenses against state laws committed within the city. SECTION 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of DeKalb County, Georgia, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.15. Rules for court. With the approval of the board of mayor and commissioners, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, how ever, that the board of mayor and commissioners may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be promptly furnished to all defendants in municipal court proceedings. ARTICLE V ELECTIONS AND REMOVAL SECTION 5.10. Applicability of law. All elections shall be held and conducted in accordance with the Official Code of Georgia Annotated as now or hereafter amended. SECTION 5.11. WEDNESDAY, MARCH 24, 1999 1901 Election of the board of mayor and commissioners and mayor. (a) There shall be a municipal general election biennially in the odd years on the Tues day next following the first Monday in November. (b) There shall be elected two commissioners at one election and at every other election thereafter. The two remaining seats for commissioner and the seat for mayor shall be filled at the election alternating with the first election so that a continuing body is cre ated, provided that the first such election of two commissioners and mayor pursuant to this section shall be held in November 1999. SECTION 5.12. Nonpartisan elections, No primaries shall be conducted for city offices and all names of candidates for city of fices shall be listed without party designations or incumbency. SECTION 5.13. Election by plurality. The person receiving a plurality of the votes cast for any city office shall be elected. SECTION 5.14. Special elections; vacancies. In the event that the office of commissioner or mayor shall become vacant as provided in Section 2.12 of this charter, the board of mayor and commissioners or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, the special election shall be held and conducted in accordance with the Official Code of Georgia Annotated, as now or hereafter amended. SECTION 5.15. Other provisions. Except as otherwise provided by this charter, the board of mayor and commissioners shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the appropriate provisions of the Official Code of Georgia Annotated, as now or hereafter amended. SECTION 5.16. Removal of members of the board of mayor and commissioners. The mayor, commissioners, or appointed officers provided for in this charter shall be re moved from office for any one or more of the causes provided in the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted or as provided in this charter. ARTICLE VI FINANCE SECTION 6.10. Property tax. The board of mayor and commissioners may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the board of mayor and commissioners in its discretion. SECTION 6.11. 1902 JOURNAL OF THE SENATE Millage rate; due dates; payment methods. The board of mayor and commissioners, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The board of mayor and commissioners, by ordinance, may provide for the pay ment of these taxes by installments or in one lump sum, as well as authorize the volun tary payment of taxes prior to the time when due. SECTION 6.12. Occupation and business taxes. The board of mayor and commissioners by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The board of mayor and commis sioners may classify businesses, occupations, or professions for the purpose of such taxa tion in any way which may be lawful and may compel the payment of such taxes as pro vided in Section 6.18 of this charter. SECTION 6.13. Regulatory fees; permits. The board of mayor and commissioners by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such ac tivity from the city and pay a reasonable regulatory fee for such permit as provided by law. Such fees shall reflect the total cost to the city of regulating the activity and, if un paid, shall be collected as provided in Section 6.18 of this charter. SECTION 6.14. Franchises. (a) The board of mayor and commissioners shall have the power to grant franchises for the use of the city streets, alleys, and other public property for the purposes of railroads, street railways, public transportation, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other organizations. The board of mayor and commissioners shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The board of mayor and commissioners shall provide for the registration of all franchises with the city clerk in a registration book maintained by the city clerk for that sole purpose. The board of mayor and commissioners may provide by ordinance for the registration within a rea sonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the board of mayor and commissioners has the authority to impose a tax on gross receipts for the use of the city streets, alleys, and other public property for the purposes of railroads, street railways, public transportation, telephone companies, electric companies, electric membership corporations, cable televi sion and other telecommunications companies, gas companies, transportation companies, and other organizations. SECTION 6.15. Service charges. WEDNESDAY, MARCH 24, 1999 1903 The board of mayor and commissioners by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other ser vices provided or available within and outside the corporate limits of the city for the to tal cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.16. Special assessments. The board of mayor and commissioners by ordinance shall have power to assess and col lect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If un paid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.17. Construction; other taxes and fees. The city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the city to govern its local affairs. SECTION 6.18. Collection of delinquent taxes and fees. The board of mayor and commissioners, by ordinance, may provide generally for the col lection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law, including, without limitation, providing for the dates when the taxes, fees, and other revenues are due; late penalties and interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons re quired to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. SECTION 6.19. General obligation bonds. The board of mayor and commissioners shall have the power to issue bonds for the pur pose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the board of mayor and commissioners as law now or hereafter provides. Such bonds shall be paid solely out of any revenue produced by the project, program, or venture for which the bonds were issued. SECTION 6.21. Short-term loans. The city may obtain short-term loans and must repay such loans not later than Decem ber 31 of each year, unless otherwise provided by law. SECTION 6.22. Lease-purchase contracts. 1904 JOURNAL OF THE SENATE The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, pro vided the contract terminates without further obligation on the part of the city at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted. SECTION 6.23. Fiscal year. The board of mayor and commissioners shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city. SECTION 6.24. Preparation of budgets. The board of mayor and commissioners shall provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, con tent, and form of such budgets and plans. SECTION 6.25. Submission of operating budget to board of mayor and commissioners. On or before a date fixed by the board of mayor and commissioners no later than 120 days prior the beginning of each fiscal year, the city manager shall submit to the board of mayor and commissioners a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a state ment of the general fiscal policies of the city, the important features of the budget, ex planations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. SECTION 6.26 Action by board of mayor and commissioners on budget. (a) The board of mayor and commissioners may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must pro vide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The board of mayor and commissioners shall enact an ordinance adopting the final operating budget for the ensuing fiscal year not later than the last day of the last month of each fiscal year. If the board of mayor and commissioners fails or refuses to adopt the operating budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month ba sis, with all items prorated accordingly, until such time as the board of mayor and com missioners adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in de- WEDNESDAY, MARCH 24, 1999 1905 tail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropria tions or allotment thereof to which it is chargeable. SECTION 6.27. Tax levies. The board of mayor and commissioners shall levy by ordinance such taxes as are neces sary. The taxes and tax rates set by such ordinance shall be such that reasonable esti mates of revenues from such levy shall at least be sufficient, together with other antici pated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the city. SECTION 6.28. Changes in appropriations. The board of mayor and commissioners by ordinance may make changes in the appropri ations contained in the current operating budget at any regular meeting or any special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.29. Capital budget. (a) On or before the date fixed by the board of mayor and commissioners but no later than 120 days prior to the beginning of each fiscal year, the city manager shall submit to the board of mayor and commissioners a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements pro posed for the ensuing fiscal year. The board of mayor and commissioners shall have the power to accept, with or without amendments, or reject the proposed plan and proposed budget. The board of mayor and commissioners shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropria tions for such projects are included in the capital budget or added by amendment to meet a public emergency as provided in Section 2.23 of this charter. (b) The board of mayor and commissioners shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than December 31 of each year. No appro priation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance. SECTION 6.30. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the board of mayor and commis sioners. The audit shall be conducted according to generally accepted auditing princi ples and in accordance with state law. Any audit of any funds by the state or federal 1906 JOURNAL OF THE SENATE governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available to the public from the city clerk and at a price in accordance with all applicable state law. SECTION 6.31. Contracting procedures. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the city attorney and, as a mat ter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the board of mayor and commissioners and such ap proval is entered in the city journal of proceedings pursuant to Section 2.19 of this charter. SECTION 6.32. Centralized purchasing. The board of mayor and commissioners shall provide for a system of centralized purchasing for the city. SECTION 6.33. Sale and lease of city property. (a) The board of mayor and commissioners may sell and convey or lease any real, per sonal, or tangible property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The board of mayor and commissioners may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city in the property has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the board of mayor and commis sioners may authorize the city manager to sell and convey said cut off or separated par cel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and con veyances heretofore and hereafter so executed and delivered shall convey all title and in terest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for officials WEDNESDAY, MARCH 24, 1999 1907 The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the board of mayor and commissioners shall, from time to time, require by ordinance or as may be provided by law. SECTION 7.11. Prior ordinances. All prior unrepealed ordinances, resolutions, rules, and regulations not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the board of mayor and commissioners. SECTION 7.12. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which the existing board of mayor and commissioners shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. SECTION 7.13. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, or ders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the board of mayor and commissioners. SECTION 7.14. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.15. Severability If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or un constitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and inde pendent of each other. Section 7.16. Specific repealer. An Act creating the City of Avondale Estates, approved August 25, 1926 (Ga. L. 1927, p. 813), as amended, is repealed in its entirety. SECTION 7.17. General repealer. 1908 JOURNAL OF THE SENATE All laws and parts of laws in conflict with this Act are repealed. APPENDIX A CORPORATE BOUNDARIES OF CITY OF AVONDALE ESTATES, GEORGIA The said corporate limits of the City of Avondale Estates shall embrace the territory within the following boundary to wit: beginning at the northwest corner of Land Lot 217 of the 15th district of originally Henry, now DeKalb County, Georgia, thence northwest erly along the northeasterly line of Lot 37, Block A, Forrest Hills, Second Addition, as per plat recorded in Plat Book 14, page 89, DeKalb County Records, two hundred ten feet (210') to the corner formed by the intersection of the southerly side of Wiltshire Drive and the easterly side of Forrest Boulevard, if extended; thence easterly along the southerly right-of-way line of Wiltshire Drive one hundred eighty-six feet (186'), more or less, to the northeasterly corner of Lot 39, said block and subdivision; thence north one thousand nine hundred forty-five feet (1,945') parallel with the west line of said Land Lot 232 and one hundred five feet (105') east therefrom to a point; thence west four feet (4') to the easterly right-of-way line of Forrest Boulevard; thence in a northerly direction along the easterly right-of-way line of Forrest Boulevard five hundred ninety-four feet (594') to the intersection of the easterly right-of-way line of Forrest Boulevard with the southerly line of Land Lot 248 of the 15th District of originally Henry, now DeKalb County, Georgia; thence west along the south line of Land Lot 248 five hundred thirtynine feet (539'), more or less, to the southwesterly corner of property formerly owned by W. R. Hill; thence north, eight degrees and thirty minutes west one thousand two hun dred fifty-nine feet (1,259') along said Hill line to a point, which point is two hundred twenty-five feet (225') southeasterly of North Avondale Road/East College Avenue/US 278; thence in a westerly direction at an interior angle of eighty-nine degrees twentyfour minutes with the preceding call, a distance of three hundred seventy feet (370') to a point; thence in a northwesterly direction at an interior angle of one hundred degrees thirty-seven minutes with the preceding call, a distance of two hundred thirty feet (230') to an iron pipe on the south side right-of-way line of East College Avenue/US 278; thence westerly along said right-of-way line of East College Avenue/US 278, a distance of four hundred seventy-five feet (475') to a point, which point is directly opposite the westerly right-of-way line for Maple Street, if extended; thence in a northerly direction crossing East College Avenue/US 278 and following the westerly line of Maple Street a distance of six hundred fifty feet (650'), more or less, to a point at the southerly right-ofway line of the Georgia Railroad; thence continuing in a northerly direction following the westerly line of Maple Street, if extended, a distance of two hundred feet (200'), more or less, to a point at the northerly right-of-way line of the Georgia Railroad; thence contin uing in a northeasterly direction along said northerly right-of-way line a distance of two thousand ninety feet (2,090'), more or less, to its intersection with the easterly right-ofway line of Oak Street (40'right-of-way), if extended; thence in a southerly direction along the easterly right-of-way line of Oak Street, if extended, a distance of five hundred four and fifty-three hundredths feet (504.53'), more or less, to a point at the intersection of said right-of-way line and the original designated centerline of Green Street (never opened, right-of-way never dedicated); thence in an easterly direction along the southerly property line of the Georgia Duck and Cordage Mill a distance of two hundred and six teen hundredths feet (200.16'), more or less, to the intersection of this property line and westerly right-of-way line of Lake Street (40'right-of-way), were Lake Street extended in a straight line to intersect with said property line; thence in a southerly direction along said westerly right-of-way line twenty feet (20') to a point; thence easterly in a straight line along the original southern property line of the Georgia Duck and Cordage Mill a distance of four hundred eighty feet (480'), more or less, to a point; thence in a southerly WEDNESDAY, MARCH 24, 1999 1909 direction a distance of one hundred ninety-seven and eighty-one hundredths feet (197.81), more or less, to an intersection with the northerly right-of-way line of Parry Street (40' right-of-way); thence in a northeasterly direction along the northerly right-ofway of Parry Street a distance of three hundred fifty feet (350'), more or less, to its in tersection with the westerly right-of-way of Laredo Drive (40' right-of-way); thence in a northwesterly direction along the westerly right-of-way of Laredo Drive a distance of eight hundred feet (800'), more or less, to the northerly right-of-way of the Georgia Rail road line; thence in a northeasterly direction along said railroad right-of-way a distance of seven hundred ninety-six feet (796'), more or less, to a point on the northerly right-ofway of said railroad perpendicular to the northeasterly right-of-way of Hobbs Street, if extended; thence in a southeasterly direction along the northeast right-of-way of Hobbs Street, if extended, a distance of six hundred seventy-nine feet (679'), more or less, to the point of intersection with the northwest right-of-way line of North Clarendon Ave nue; thence in a northeasterly direction along the northwesterly right-of-way of North Clarendon Avenue a distance of one hundred twenty-five feet (125'), more or less; thence in a northeasterly direction across North Clarendon Avenue and then along the northerly right-of-way line of Old Rockbridge Road a distance of five hundred forty-five feet (545'), more or less to a point; thence due south three hundred ninety feet (390'), more or less, to the northeast corner of Land Lot 249; thence south along said east line of Land Lot 249 a distance of fifty feet (50'), more or less, to a point at the northeast corner of parcel 15-249-9-3; thence west sixty-five feet (65'), more or less, to the north west corner of said parcel; thence south a distance of three hundred thirty-nine feet (339'), more or less, to the southwest corner of said parcel; thence east a distance of sixty-five feet (65') to the southeast corner of said parcel; thence south along east line of said Land Lot 249 to the northerly right-of-way line of Covington Road (also known as Covington Highway/US 278); thence in a southeasterly direction along said northerly right-of-way line and following the curvature thereof, crossing its intersections with Mountain Drive and Kensington Road, and to its intersection with the northwest rightof-way of Memorial Drive a distance of four thousand one hundred thirty-seven feet (4,137'), more or less; thence south crossing Covington Highway/US 278 and following the easterly boundary of parcel 15-231-7-16 and the westerly right-of-way of Memorial Drive to the southeasterly corner of said parcel; thence in a southwesterly direction two hundred ten feet (210'), more or less, to its intersection with the southwesterly right-ofway line of Nottingham Drive; thence northwesterly along the southwesterly right-ofway line of Nottingham Drive a distance of one hundred twenty-five feet (125') to a point; thence in a southwesterly direction along the southeasterly line of parcel 15-23110-4 a distance of one hundred fifty-one feet (151'), more or less, to a point; thence in a northwesterly direction along the southwesterly boundary of said parcel a distance of seventy-five feet (75'), more or less; thence in a southwesterly direction along the south erly boundary lines of parcels 15-231-10-7, 8, 9, and 10 a distance of five hundred twelve feet (512'), more or less, to a point; thence in a southerly direction two hundred seventyfive feet (275'), more or less, to a point: thence in a southwesterly direction along the northwesterly boundary line of parcels 15-231-10-52, 30, 51, and 23 a distance of one thousand one hundred thirty feet (1,130'), more or less, to a point; thence continuing in a southwesterly direction along the northwesterly boundaries of parcels 15-218-1-1, 24, and 2 a distance of one thousand nine hundred fifteen feet (1,915'), more or less, to a point; thence westerly one hundred ninety feet (190'), more or less, to the west line of Land Lot 218; thence in a southerly direction along the western line of Land Lot num ber 218, approximately five hundred fifty-four and forty hundredths feet (554.4') to the intersection of the western-most right-of-way boundary of Memorial Drive; thence in a 1910 JOURNAL OF THE SENATE Southwestern direction along the western right-of-way boundary of Memorial Drive a distance of six hundred ninety nine and seventy hundredths feet (699.7') more or less to the intersection of the most southerly point of lot number 15217 04013; thence in a west-northwest direction of four hundred fourteen and fifty hundredths feet (414.5') to where lots 15217 04012, 15217 04003 and 15217 04002 intersect; thence in a northerly direction along the western boundary of lot number 15217 0402, eight hundred seventy three and ten hundredths feet (873.1") to the intersection of the southern right-of-way of Berkeley Road; thence in a westerly direction along the southern right-of-way of Berke ley Road, nine hundred ninety-five feet (995') more or less to the eastern right-of-way boundary of Clarendon Avenue; thence south along the eastern right-of-way line of Clar endon Avenue, approximately one thousand five hundred sixty seven feet (1567') to a point of one hundred sixty feet (160") from the intersection of the northern boundary of Columbia Drive; thence in a northwestern direction and along the southern boundary of lot number 1527 0102 approximately three hundred twenty three and fifty-eight hun dredths feet (323.58') to a point on the westerly line of Land Lot 217; thence north along the west line of Land Lot 217 to the northwest corner of said Land Lot 217 and the point of beginning. Senator Thomas of the 10th moved that the Senate agree to the House substitute to SB 243. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan 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 TIVctiii-Crt Y Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams On the motion, the yeas were 54, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 243. 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 WEDNESDAY, MARCH 24, 1999 1911 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. The House substitute was as follows: A BILL To be entitled an Act to amend Chapter 17 of Title 48 of the Official Code of Georgia An notated, relating to taxation of coin operated amusement machines, so as to provide for definitions; to provide that an owner or operator of a business where amusement ma chines are available for commercial use and play by the public shall not derive more than 50 percent of annual income at that business location from certain amusement ma chines; to authorize the state revenue commissioner to take certain licensing actions to enforce said provision; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of coin operated amusement machines, is amended in Code Section 48-17-1 by inserting new paragraphs to be designated paragraph (2.1) and paragraph (4.1) to read as follows: "(2.1) 'Business owner or business operator' means an owner or operator of a busi ness where one or more bona fide coin operated amusement machines are available for commercial use and play by the public." "(4.1) "Net receipts' means the entire amount of moneys received from the public for play of an amusement machine, minus the amount of expenses for noncash redemp tion of winnings from the amusement machine, and minus the amount of moneys refunded to the public for malfunction of the amusement machine." SECTION 2. Said chapter is further amended by inserting a new Code section to be designated Code Section 48-17-15 to read as follows: "48-17-15. (a) No business owner or business operator shall derive more than 50 percent of such business owner's or business operator's annual income from the business location in which the amusement machine or machines are situated from amusement machines that provide for noncash redemption as described in subsection (c) or (d) of Code Sec tion 16-12-35. (b) In accordance with the provisions of Code Section 48-17-4 and the procedures set out in Code Sections 48-17-5 and 48-17-6, the commissioner may refuse to issue or re new a master license or may revoke or suspend a master license for repeated viola tions of subsection (a) of this Code section." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Polak of the 42nd moved that the Senate agree to the House substitute to SB 193. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush 1912 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 N 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 Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Thompson Y Walker Y Williams On the motion, the yeas were 51, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 193. 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. Senator Ray of the 48th moved that the Senate adhere to its disagreement to the House substitute to SB 140 and that a Conference Committee be appointed. On the motion, the yeas were 32, nays 0; the motion prevailed, and the President ap pointed as a Conference Committee the following Senators: Ray of the 48th, Lee of the 29th and Meyer von Bremen of the 12th. HB 407. By Representatives Ehrhart of the 36th, Alien of the 117th and Wiles of the 34th: A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Geor gia Annotated, relating to general provisions relative to child custody proceed ings, so as to provide for certain rights of children at least ten but less than 14 years old. The House amendment was as follows: Amend the Senate amendment to HB 407 by adding at the end thereof the following: "By striking on line 30 of page 1 the word 'ten' and inserting in lieu thereof the follow ing: '12 or 13'. By striking on line 6 of page 2 the word 'ten' and inserting in lieu thereof the following: '12 or 13'". WEDNESDAY, MARCH 24, 1999 1913 Senator Kemp of the 3rd moved that the Senate agree to the House amendment to the Senate amendment to HB 407. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th N Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak 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 motion, the yeas were 53, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 407. 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 House amendments were as follows: House amendment #1: Amend Senate Bill 262 on page 1, line 23 by deleting 'district" and inserting in lieu thereof "prosecuting". House amendment #2: Amend SB 262 by striking lines 12 through 15 of page 3 and inserting in lieu thereof the following: "or the expenses incurred. No person subject to the provisions of this Code section shall serve for more than 1,040 hours in any calendar year, and no such person shall be eligible for employee health benefits other than those available to him or her as a part of his or her retirement benefits or for any annual leave, any sick leave, or any other employee benefits available to a state employee. In the event of any conflict, the provisions of Title 47 shall prevail over any provision of this Code section." 1914 JOURNAL OF THE SENATE Senator Kemp of the 3rd moved that the Senate agree to the House amendments to SB 262. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th N Brown, 26th Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Gingrey Y Golden N Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Stephens Y Stokes Y Streat Y Tanksley Y Tate Thomas.D Y Thomas,N Y Thompson Y Walker Y Williams On the motion, the yeas were 49, nays 2; the motion prevailed, and the Senate agreed to the House amendments to SB 262. 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 House substitute was as follows: A BILL To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relat ing to insurance, so as to delete certain countersigning requirements and references; to provide that countersignatures shall be required only in retaliation against similar re quirements imposed by other states; to change certain provisions relating to licensing of only individuals as agents; to change certain provisions relating to limited licenses; to provide that certain motor vehicle rental companies may be licensed as insurance agents for purposes of selling insurance in connection with rental of vehicles; to provide for re lated matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking and reserving Code Section 33-3-11, relating to requirements of countersignature of licensed resident agent, which reads as follows: "33-3-11. WEDNESDAY, MARCH 24, 1999 1915 (a) No authorized insurer shall issue a policy covering a subject of insurance resident, located, or to be performed in Georgia unless the policy or countersignature endorse ment attached thereto is countersigned by its licensed agent resident in Georgia. A li censed service representative resident in Georgia may countersign a policy or endorse ment for and on behalf of the licensed agent upon written request of the Georgia agent. (b) Subsection (a) shall not apply to: (1) Reinsurance or to life or accident and sickness insurance; (2) Insurance of the rolling stock, vessels, or aircraft of any common carrier in inter state or foreign commerce or insurance of any vehicle principally garaged and used in another state or covering any liability or other risks incident to the ownership, maintenance, or operation thereof; (3) Insurance of property in course of transportation, interstate or in foreign trade, or any liability or risk incident thereto; (4) Insurance of ocean marine risks; (5) Bid bonds issued by any surety insurer in connection with any public or private building or construction project; or (6) Policies and contracts of insurance issued by insurers operating through or oth erwise using employee or independent contractor agents who exclusively represent one insurer or a group of insurers under common ownership or control in the solici tation or servicing of business. (c) Violation of this Code section shall not invalidate the policy." SECTION 2. Said title is further amended by striking Code Section 33-23-1, relating to definitions relative to licensing of agents, agencies, subagents, counselors, and adjusters, and in serting in lieu thereof the following: "33-23-1. (a) As used in this article, the term: (1) 'Adjuster' means any person who for a fee, commission, salary, or other compen sation investigates, settles, or adjusts and reports to his or her employer or princi pal with respect to claims arising under insurance contracts on behalf of the insurer or the insured or a person who directly supervises or manages such person. The term 'adjuster* does not include: (A) Persons who adjust claims arising under contracts of life or marine insurance or annuities; or (B) An agent or a salaried employee of an agent or a salaried employee of an in surer who adjusts or assists in adjusting losses under policies issued by such agent or insurer. (2) 'Agency1 means a person who represents one or more insurers and is engaged in the business of soliciting or procuring insurance or applications for insurance or uuunlBibigiiing, issuing; or delivering contracts of insurance for one or more insurers. (3) 'Agent' means an individual appointed or employed by an insurer who solicits in surance or procures applications for insurance; who in any way, directly or indi rectly, makes or causes to be made any contract of insurance for or on account of an 1916 JOURNAL OF THE SENATE insurer; or who as representative of an insurer receives money for transmission to the insurer for a contract of insurance, anything in the application or contract to the contrary notwithstanding, and who has on file with the Commissioner a certificate of authority from each insurer with whom the agent places insurance. (4) 'Controlled business of a person' means property or casualty insurance for a per son or a person's spouse; for any relative by blood or marriage within the second de gree of kinship as defined by paragraph (5) of Code Section 53-4-2; for a person's employer or the firm of which a person is a member; for any officer, director, stock holder, or member of a person's employer or of any firm of which a person is a part ner; for any spouse of the officer, director, employer, stockholder, or member of a person's firm; for a person's ward or employee; or for any person or in regard to any property under a person's control or supervision in any fiduciary capacity. (5) 'Counselor' means any person who engages or advertises or holds himself or her self out as engaging in the business of counseling, advising, or rendering opinions as to the benefits promised under any contract of insurance issued or offered by any in surer or as to the terms, value, effect, advantages, or disadvantages under the con tract of insurance, other than an actuary or consultant advising insurers. When re ceiving a fee, commission, or other compensation for this service, such person shall not receive any compensation from any other source on or relating to the same transaction. (6) 'Independent adjuster" means an adjuster representing the interest of the in surer who is not an employee of such insurer. (7) 'Insurance,' except where the type of insurance is specifically stated, means all kinds of insurance other than bail bonding by individual sureties. (8) 'Public adjuster' means any person who solicits, advertises for, or otherwise agrees to represent only a person who is insured under a policy covering fire, wind storm, water damage, and other physical damage to real and personal property other than vehicles licensed for the road, and any such representation shall be lim ited to the settlement of a claim or claims under the policy for damages to real and personal property, including related loss of income and living expense losses but ex cluding claims arising out of any motor vehicle accident. (9) 'Subagent' means any licensed agent, except as provided in Code Section 33-2312 of this article, who acts for or on behalf of another licensed agent in the solicita tion of, negotiations for, or procurement or making of an insurance contract or an nuity contract whether or not the person is designated by the agent as subagent, so licitor, or any other title and who has on file with the Commissioner a certificate of authority from each agent with whom the subagent places insurance. The term 'subagent' shall not include: (A) An agent who places insurance with or through another agent involving 12 or fewer policies or certificates of insurance in any one calendar year; or (B) An agent who places surplus lines insurance with or through a. surplus lines broker only with respect to such surplus lines insurance. (10) 'Surplus lines broker' means a person as defined in Code Section 33-1-2. (b) The definitions of agent, subagent, counselor, and adjuster in subsection (a) of this Code section shall not be deemed to include: WEDNESDAY, MARCH 24, 1999 1917 (1) Any regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or administrative services in connection with any insur ance transaction so long as such person is not involved in soliciting insurance or signing ui lumitm signing contracts; (2) An attorney at law admitted to practice in this state, when handling the collec tions of premiums or advising clients as to insurance as a function incidental to the practice of law or who, from time to time, adjusts losses which are incidental to the practice of his or her profession; (3) Any representative of ocean marine insurers; (4) Any representative of farmers' mutual fire insurance companies as defined in Chapter 16 of this title; (5) A salaried employee of a credit or character reporting firm or agency not en gaged in the insurance business who may, however, report to an insurer; (6) A person acting for or as a collection agency; or (7) A person who makes the salary deductions of premiums for employees or, under a group insurance plan, a person who serves the master policyholder of group insur ance in administering the details of such insurance for the employees or debtors of the master policyholder or of a firm or corporation by which the person is employed and who does not receive insurance commissions for such service; provided, further, that an administration fee not exceeding 5 percent of the premiums collected paid by the insurer to the administration office shall not be construed to be an insurance commission." SECTION 3. Said title is further amended by striking Code Section 33-23-2, relating to licensing of only individuals as agents, and inserting in lieu thereof the following: "33-23-2. A license to act as an agent, subagent, counselor, or adjuster shall be issued only to an individual except in the case of licenses issued pursuant to subsection (c) of Code Section 33-23-12? SECTION 4. Said title is further amended by striking Code Section 33-23-12, relating to limited li censes, and inserting in lieu thereof the following: "33-23-12. (a) Except as provided in subsection (b) of this Code section for credit insurance li censes, and subsection (c) of this Code section for rental companies, the Commissioner may provide by rule or regulation for licenses of agents or subagents which are limited in scope to specific lines or sublines of insurance as defined in this title, and such lim ited license may be issued without requiring the applicant to hold an agent's license. (b)(l) Licenses shall be issued to individual persons for the purpose of writing credit insurance as provided in this subsection. Applicants must be sponsored by an in surer authorized to write credit insurance in this state, and the applicant must cer tify that he or she has read and understands the provisions of this title and regula tions promulgated pursuant to this title which are pertinent to credit insurance in this state. 1918 JOURNAL OF THE SENATE (2) No prelicensing education or prelicensing examination shall be required for issu ance of such license, and the insurer shall certify that the licensee has completed a minimum of five hours of self-study in credit insurance subjects. (3) The lines or sublines of insurance included in the scope of authority of credit in surance licenses issued under this Code section, whether issued as an agent or subagent license, shall include, but not be limited to, the following: (A) Credit life and credit accident and sickness insurance; (B) Credit casualty insurance; (C) Credit property insurance; (D) Credit unemployment insurance; (E) Accidental death and dismemberment insurance; (F) Nonfiling or nonrecording insurance; (G) Vendors' single interest insurance; and (H) Any other lines or sublines of insurance which may become accepted as credit insurance by the insurance and lending industries unless otherwise disapproved by the Commissioner. (c)(l) As used in this subsection, the term: (A) 'Limited licensee' means a person or entity authorized to sell certain coverages relating to the rental of vehicles pursuant to the provisions of this subsection; (B) 'Rental agreement' means any written agreement setting forth the terms and conditions governing the use of a vehicle provided by the rental company for rental or lease; (C) 'Rental company* means any person or entity in the business of providing pri marily private passenger vehicles to the public under a rental agreement for a pe riod not to exceed 90 days; (D) 'Renter' means any person obtaining the use of a vehicle from a rental com pany under the terms of a rental agreement for a period not to exceed 90 days; (E) 'Vehicle' or 'rental vehicle' means a motor vehicle of the private passenger type including passenger vans, minivans, and sport utility vehicles, and of the cargo type, including cargo vans, pick-up trucks, and trucks with a gross vehicle weight of less than 26,000 pounds and which do not require the operator to possess a commercial driver's license; and (F) 'Rental period' means the term of the rental agreement. (2) The Commissioner may issue to a rental company that has complied with the re quirements of this subsection a limited license authorizing the limited licensee to of fer or sell insurance through a licensed insurer in connection with the rental of vehicles. (3) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner a written application for a limited license, signed by an officer of the applicant, in such form or forms, and supplements thereto, and containing such information, as the Commissioner may prescribe. (4) In the event that any provision of this subsection is violated by a limited licen see, the Commissioner may: WEDNESDAY, MARCH 24, 1999 1919 (A) After notice and a hearing, revoke or suspend a limited license issued under this subsection in accordance with the provisions of Code Sections 33-23-21 and 33-23-22; of (B) After notice and a hearing, impose such other penalties, including suspending the transaction of insurance at specific rental locations where violations of this subsection have occurred, as the Commissioner deems to be necessary or conve nient to carry out the purposes of this subsection. (5) The rental company licensed pursuant to paragraph (2) of this subsection may offer or sell insurance through licensed insurers only in connection with and inci dental to the rental of vehicles, whether at the rental office or by preselection of cov erage in an individual, master, corporate, or group rental agreement, in any of the following general categories: (A) Personal accident insurance covering the risks of travel, including but not lim ited to accident and health insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for accidental death or dismemberment and reimbursement for medical expenses resulting from an accident that occurs during the rental period; (B) Liability insurance, which, at the exclusive option of the rental company, may include uninsured and underinsured motorist coverage whether offered separately or in combination with other liability insurance, that provides coverage, as appli cable, to renters and other authorized drivers of rental vehicles for liability arising from the operation of the rental vehicle; (C) Personal effects insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for the loss of, or damage to, personal effects that occurs during the rental period; (D) Roadside assistance and emergency sickness protection programs; and (E) Any other travel or vehicle related coverage that a rental company offers in connection with and incidental to the rental of vehicles. (6) No insurance may be offered by a limited licensee pursuant to this subsection unless: (A) The rental period of the rental agreement does not exceed 90 consecutive days; (B) At every rental location where rental agreements are executed, brochures or other written materials are readily available to the prospective renter that: (i) Summarize clearly and correctly the material terms of coverage offered to renters, including the identity of the insurer; (ii) Disclose that such policies offered by the rental company may provide a du plication of coverage already provided by a renter's personal automobile insur ance policy, homeowner's insurance policy, personal liability insurance policy, or other source of coverage; (iii) State that the purchase by the renter of the kinds of coverage specified in this subsection is not required in order to rent a vehicle; and (iv) Describe the process for filing a claim in the event the renter elects to purchase coverage and in the event of a claim; (C) Evidence of coverage on the face of the rental agreement is disclosed to every renter who elects to purchase such coverage; and 1920 JOURNAL OF THE SENATE (D) Divisions (ii) and (iii) of subparagraph (B) of this paragraph must also be communicated verbally to the client at the time of rental. (7) Any limited license issued under this subsection shall also authorize any em ployee of the limited licensee to act individually on behalf, and under the supervi sion, of the limited licensee with respect to the kinds of coverage specified in this subsection. (8) Each rental company licensed pursuant to this subsection shall provide a train ing program in which employees being trained by a licensed instructor receive basic insurance instruction about the kinds of coverage specified in this subsection and of fered for purchase by prospective renters of rental vehicles. Additionally, each rental company shall provide for such employees 5 hours continuing education courses annually to be taught by a licensed instructor. A rental company shall cer tify that, prior to offering such coverages, each employee has received such instruction. (9) Notwithstanding any other provision of this subsection or any rule adopted by the Commissioner, a limited licensee pursuant to this subsection shall not be re quired to treat moneys collected from renters purchasing such insurance when rent ing vehicles as funds received in a fiduciary capacity, provided that the charges for coverage shall be itemized and be ancillary to a rental transaction. The sale of in surance not in conjunction with a rental transaction shall not be permitted. (10) No limited licensee under this subsection shall advertise, represent, or other wise hold itself or any of its employees out as licensed insurers, insurance agents, or insurance brokers." SECTION 5. Said title is further amended by striking subsection (b) of Code Section 33-23-20, relat ing to effect of license suspension or placement of license on inactive status, and in serting in lieu thereof the following: "(b) In case of a sale of an agency upon a work-out basis, the vendor without main taining his or her license or the executors and administrators of the vendor's estate may participate in the proceeds of premiums on insurance written by the purchaser of the agency when and as authorized to do so by the contract of sale of the agency; and this participation may be without limitation of time after the vendor ceased to hold a license. An agent whose license has been suspended or placed in inactive status may, when the countersignature of a resident licensed agent is required pursuant to Code Section 33-3-26 and if authorized by the insurer, countersign certificates and endorse ments necessary to continue coverage to the expiration date, including renewal option periods." SECTION 6. Said title is further amended by striking subsection (b) of Code Section 33-23-28, relat ing to scope of subagent's authority and record of transactions, and inserting in lieu thereof the following: "(b) A subagent shall not have power to bind an insurer ui to cuunlni'sigii puliuhjb." SECTION 7. Said title is further amended by striking Code Section 33-23-30, relating to restrictions on signing or countersigning by agents, and inserting in lieu thereof the following: "33-23-30. WEDNESDAY, MARCH 24, 1999 1921 An agent shall not sign ui uimiUii'Mga in blank any policy to be issued outside of such agent's office iiui cuunleiKign in blank any umlui summit uf aiiy pulicy tu be issued uutsidu of such agent's office. An agent shall not give power of attorney to or other wise authorize anyone to sign ur countersign the agent's name to policies unless the person so authorized is directly employed by the agent and no other person, and the person has no office files, equipment, or address in regard to the insurance business other than those in the office of the agent. Nothing in this Code section shall prohibit an agent from authorizing an insurer represented by such agent to reproduce mechan ically or electronically such agent's signature on policies, certificates, endorsements, riders, or other insurance contract documents." SECTION 8. Said title is further amended by striking Code Section 33-23-31, relating to risk situs and requirement of countersignature of resident agent, and inserting in lieu thereof the following: "33-23-31. (a) A risk shall be deemed to have a situs in this state if the insurance is upon or in regard to property having a permanent situs in this state or movable property which is actually in this state or is principally used or kept in this state or on persons resi dent in this state. CO/ All iiiti u.i "BUT uontts islouctl Ij^y dil^y ou.i cty IHBU.I ci 111 uuniicul.1U11 W1U1 i me ui wma Li UluLlUll ^JlVJJCutj Ul' -oth= \ 1 ) t ulii^icS aiiil cuiiLiauL ul iiieuioii^ ioued try IIIDU.1 Cl O UjJCl 1LLlllg till UU^ll Ul ciVvioc Lifting Gil Ollt! Ilia ui ci ui d ;iilo wliu tu.t.luDlvcljr IC^IC lei oln^j ui ^uii Li ul in Lliti Sijfei- LaUuilUl BCIVll.1ng ul buoillGSS. ^u/ A nunl conlciiL wliu 10 Llic liuluci ul i nuni conIcnL j3-gdlL D liv;icllSc li uiii Lino c olictll nut till cL.Lly ui lUCliicvUjr ouliul, uegutialc, ui cllt;tL inoui aiiwc cuiiLi cn-Lo lii unio oLclLC UlllcOCS ClUL-Ulij^jciiilcu. Jj^y a buu.iJ.Lci oigmiig a^ciiL li^>c'iiocU puio uaiiL Lu Lino ulia utci. tdXb) Each nonresident agent by obtaining a license in this state or by doing business in this state shall be deemed to have consented that any notice provided in this chap ter and any summons, notice, or process in connection with any action or proceeding in any state or federal court in this state, which notice, summons, or process grows out of or is based upon any business or acts done or omitted to be done in this state, 1922 JOURNAL OF THE SENATE may be sufficiently served upon such nonresident agent by serving the same upon the Commissioner. Service shall be made by leaving a copy of the notice, summons, or process with a fee in the hands of the Commissioner. The fee for such service shall be as provided by law. Such service shall be sufficient service upon the nonresident agent, provided that notice of the service and a copy of the notice, summons, or pro cess shall be immediately sent by registered or certified mail by the plaintiff or by the Commissioner to the residence of the nonresident agent addressed to the agent. The nonresident agent's return receipt and the affidavit of compliance with the notice, summons, or process made by the plaintiff or the plaintiffs attorney or by the Com missioner shall be appended to the notice, summons, or process and filed with the case in the court where it is pending or filed with the Commissioner if in regard to a pro ceeding provided under this chapter. Venue of such an action shall be in the county of the residence of a plaintiff in the action, if the plaintiff resides in this state; otherwise venue shall be in Fulton County. The place of residence of a licensed nonresident agent placed on file by him or her with the Commissioner shall be deemed to be his or her place of residence until the agent places on file with the Commissioner a written notice stating another place of residence. As used in this subsection, the term 'process' shall include a petition attached thereto." SECTION 9. Said title is further amended by striking Code Section 33-23-32, relating to commissions for countersigning by resident agents, and inserting in lieu thereof the following: "33-23-32. EAcepl as piuvidud ia subsection (b) uf Code Gecliuu 33-23-31 Except when required in retaliation pursuant to Code Section 33-3-26, aft insurance contracts on risks or prop erty located or having a situs in this state must need not be countersigned by an agent duly licensed in accordance with Code Section 33-23-5; and- but, if a licensed nonresident agent participates in the effectuation of such contract and a countersignature is so required, the countersigning agent licensed in accordance with Code Section 33-23-5 shall be entitled to the same commission as allowed by the state of residence of the licensed nonresident but, in any event, to not more than 50 percent of the com mission. Nothing contained in this Code section shall be construed to require a com pany to make additional compensation in the way of commissions or otherwise to a person who is paid on a salary basis." SECTION 10. Said title is further amended by striking subsection (a) of Code Section 33-23-34, relat ing to records of transactions, and inserting in lieu thereof the following: "(a) Every agent, subagent, counselor, and adjuster under this chapter shall keep at the address as shown on his or her license or at the insurer's regional or home office situated in this state a record of all transactions consummated under such license. The record shall be in organized form and shall include: (1) In the case of an agent or subagent, a record of each insurance contract pro cured; or issued, ui cumiUii signed together with the names of the insurers and insureds, the amount of premium paid or to be paid, and a statement of the subject of the insurance; and the names of any other licensees from whom business is accepted and of persons to whom commissions or allowances of any kind are promised or paid; WEDNESDAY, MARCH 24, 1999 1923 (2) In the case of an adjuster, a record of each investigation or adjustment under taken or consummated and a statement of any fee, commission, or other compensa tion received or to be received by the adjuster on account of the investigation or ad justment; and (3) Such other and additional information as may be customary or as may be rea sonably required by the Commissioner." SECTION 11. Said title is further amended by striking Code Section 33-23-40, relating to contracts is sued or countersigned by unauthorized persons, and inserting in lieu thereof the following: "33-23-40. Any contract of insurance issued ui uuuiitmsigiuHl by a person prohibited by this chap ter from so issuing ui1 cuiaiUu signing it shall not be rendered unenforceable by reason of the violation of this chapter; but all persons knowingly participating in the violation shall be guilty of a misdemeanor." SECTION 12. Said title is further amended by striking Code Section 33-24-13, relating to execution of policies and use of facsimile signatures, and inserting in lieu thereof the following: "33-24-13. fzr)-Every insurance policy shall be executed in the name of and on behalf of the in surer by its officer, attorney in fact, employee, or representative duly authorized by the insurer. A facsimile signature of any executing individual may be used in lieu of an original signature. (b) .Nu iiisuimii;c cunliaul loaucu wliidi i& ulliciwiac valiu alieill uc iciiucicu invalid uy 1 GCLDUll ul 1/11G aJ^Jdl OllL CACtklLlUll OT LllC lAJllLl tuL Uil UCiltll 111 Lite Ills Ul Cl tjy Lilt; 1111- ^Jillllcil Icxubiilllle mgiiul'Ul't:; ul cui liluiviiitial liul duLZluiii&CLl mi \AJ GAGUuLc as ul Hie u< ul Lllc ^juluj^f li Llic ^juliCj' ID uuunLci signed wiLli Llic Oi igiiial oigildLuic ul lll lliuiviuual tiicii au autliuiiZcu. SECTION 13. Said title is further amended by striking subsection (c) of Code Section 33-24-32, relat ing to underwriters' and combination policies, and inserting in lieu thereof the following: (,C/ INijl'VviL.lisLciiiu.iJ.i^ Ouut; kjeCL-luii Otj"0~lX Vvlici't; cin ciutllOi'iZ^Li JJ.loiJJ.ci ISbUtiS~& Sili^lti; ul mri ui tiiiut; Lugcl/lici1 wiLll Olle 01* iHOl'S OLllfci' ilitiixl 01 ibUCll -LJ.iisU.ici iliciiy uOliiitci'si^n tile jjuiiC^ uii Oclieill ui cul lubiii ci S ct|^^iceil 111^ On Llic policy Reserved." SECTION 14. Said title is further amended by striking and reserving Code Section 33-40-13, relating to countersigning of policies, which reads as follows: "33-40-13. A policy of insurance issued to a risk retention group or any member of that group shall not be required to be countersigned as otherwise provided in Chapter 23 of this title." SECTION 15. All laws and parts of laws in conflict with this Act are repealed. 1924 JOURNAL OF THE SENATE Senator Madden of the 47th moved that the Senate agree to the House substitute as amended by the following amendment: Amend the House substitute to SB 181 by deleting subsection D on lines 24-26 of page 9, and changing the number "5" to "2" in subsection 8 line 38 of page 9. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak 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 motion, the yeas were 54, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 181 as amended by the Senate. 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. The House substitute was as follows: A BILL To be entitled an Act 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 bank ing; to amend Code Section 42-2-6 of the Official Code of Georgia Annotated, relating to the commissioner of corrections, so as to authorize the board of corrections to set the sal ary of the commissioner subject to approval of the Governor; to amend Code Section 429-5 of the Official Code of Georgia Annotated, relating to the compensation of the mem bers of the State Board of Pardons and Paroles, so as to provide that such compensation shall be set by the Governor; to amend Code Section 45-7-4 of the Official Code of Geor gia Annotated, relating to annual salaries of certain state officials, so as to remove cer- WEDNESDAY, MARCH 24, 1999 1925 tain state officials from the list of annual salaries; to amend Article 1 of Chapter 2 of Ti tle 48 of the Official Code of Georgia Annotated, relating to organization of the Department of Revenue, so as to authorize the Governor to determine the salary of the state revenue commissioner; to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions with respect to the Depart ment of Administrative Services, so as to authorize the Governor to determine the salary of the commissioner of administrative services; to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to au thorize the Legislative Services Committee to determine the salary of the state auditor; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, re lating to the Department of Banking and Finance, is amended by striking subsection (b) of Code Section 7-1-31, relating to the position and term of the commissioner, in its en tirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The commissioner shall be appointed by the Governor, by and with the advice and consent of the Senate, for a four-year term. The initial term of the commissioner shall terminate on January 20, 1976. Each succeeding term of office shall be for four years commencing on the expiration date of the previous term. The commissioner shall re ceive a salary to be determined by the Governor." SECTION 2. Code Section 42-2-6 of the Official Code of Georgia Annotated, relating to the commis sioner of corrections, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The commissioner shall be appointed by and shall serve at the pleasure of the DOird, A lieiSeilaiy, tJAjjcuoco, LUu illuvVcuiues OI IIlti uuiii 1111 BOIUIICI 8113.11 uc SCS set uy staluUi. The commissioner shall receive a salary to be determined by the board, with the approval of the Governor." SECTION 3. Code Section 42-9-5 of the Official Code of Georgia Annotated, relating to the compensa tion of the members of the State Board of Pardons and Paroles, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: "42-9-5. The members of the board shall devote their full time to the duties of their office. The salaries of the members of the board shall be set by the Governor and their The salarres; travel expenses; and costs of lodging and meals uf the members of the buai'd shall be paid in the same manner and amount as provided in Code Buctiuiibi 45-7-4 and Sec tion 45-7-20 for those state officials covered by such Code section." SECTION 4. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual sala ries of certain state officials, is amended by striking paragraphs (6), (8), (10), (12), (16), and (17) of subsection (a) and inserting in their respective places new paragraphs to read as follows: "(6) Stale auditui ..........................................................................----07,230.00 Reserved" "(8) Commissiuuer uf collections.................................................----00,077.00 Reserved" 1926 JOURNAL OF THE SENATE "(10) Each member uf the Stale Doaid of Pai'duiia aud Paroles 00,157.00 Reserved" "(12) Slate levtmue cuuimissiuiiei......................................----00,407.00 Reserved", and "(16) Cunimissiuuei uf banking and finance................................--05,078.00 Reserved (17) Cummisbiunui uf adaiiiiislialive smvicun..........................----05,070.00 Reserved". SECTION 5. Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to organization of the Department of Revenue, is amended by striking subsection (c) of Code Section 48-2-2, relating to the office of state revenue commissioner, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: "(c) The commissioner shall receive an annual salary as piuvided by law, payable luuiilhly ur aeoiiuiuiitlily to be determined by the Governor, which shall be his the commissioner's total compensation for services as commissioner. The commissioner shall not be entitled to receive a contingent expense allowance, except that the com missioner shall be reimbursed for all actual and necessary expenses incurred by him the commissioner in carrying out his or her official duties." SECTION 6. Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions with respect to the Department of Administrative Services, is amended by striking Code Section 50-5-1, relating to the creation of the department and appointment of the commissioner, in its entirety and inserting in lieu thereof a new Code Section 50-5-1 to read as follows: "50-5-1. There is created a Department of Administrative Services. The department head is the commissioner. The commissioner shall be appointed by the Governor by and with the advice and consent of the Senate. The commissioner shall serve at the pleasure of the Governor and shall receive a salary to be determined by the Governor." SECTION 7. Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, is amended by striking Code Section 50-6-20, relating to salary, ex penses, duties, and bond, in its entirety and inserting in lieu thereof a new Code Section 50-6-20 to read as follows: "50-6-20. The state auditor shall be paid a salary as piuvided Lu Cude OecLiun 45-7-4 to be de termined by the Legislative Services Committee created under Code Section 28-4-1 anO. Shall alSO be p&lu lno aCtUal liavehlig c&pcnaca wlulo digcigeil ill lilt; j^ciluiliicuii/t? of lus official duties as provided in Cude Sectiuu 45-7-20 reimbursed for all actual and necessary expenses incurred by the state auditor in carrying out his or her official du ties. The state auditor shall devote his or her entire time to the performance of the duties of his the office of state auditor and shall give bond, to be filed with and ap proved by the Comptroller General, in the sum of $10,000.00, payable to the Governor and his the Governor's successors in office, conditioned that the state auditor shall truly and faithfully perform the duties of his the office of state auditor and shall ac count for all public funds coming into his the state auditor's hands or under his the state auditor's control, the premium on which bond shall be paid by the state." SECTION 8. WEDNESDAY, MARCH 24, 1999 1927 This Act shall become effective on July 1, 1999. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Senator Walker of the 22nd moved that the Senate agree to the House substitute to SB 248. On the motion, a roll call was taken, and the vote was as follows: N Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th N Brush Y Burton Y Butler 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 Johnson,E Y Kemp N 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 Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker N Williams On the motion, the yeas were 49, nays 5; the motion prevailed, and the Senate agreed to the House substitute to SB 248. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate amendment to the House substitute to the following bill of the Senate: 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 House has disagreed to the Senate amendment to the following bill of the House: HB 727. By Representatives Lane of the 146th and Martin of the 145th: 1928 JOURNAL OF THE SENATE 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 House insists on its position in disagreeing to the Senate amendment 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 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. The Speaker has appointed on the part of the House, Representatives Birdsong of the 123rd, Royal of the 164th and Smith of the 12th. 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 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. The Speaker has appointed on the part of the House, Representatives Lane of the 146th, Parham of the 122nd and Morris of the 155th. The House has agreed to the Senate amendment, as amended by the House, to the fol lowing bill of the House: HB 502. By Representatives Lane of the 146th, Jamieson of the 22nd, Purcell of the 147th and others: A bill to amend Code Section 12-5-135 of the Official Code of Georgia Anno tated, relating to requirement of bond or letter of credit from a water well con tractor or driller, so as to provide that the bond or irrevocable letter of credit required by law shall have state-wide application. The House insists on its position in disagreeing to Senate amendment No. 2 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 100. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000. The Speaker has appointed on the part of the House, Representatives Walker of the 141st, Coleman of the 142nd and Jackson of the 112th. WEDNESDAY, MARCH 24, 1999 1929 The following bills were taken up to consider House action thereto: 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 House amendment was as follows: Amend SB 110 by striking lines 23 through 25 of page 1 and inserting in their place the following: "eligible for cash assistance until July 1, 1999 2001, unless such period is extended by enactment of the General Assembly, upon meeting the same qualifications and". Senator Walker of the 22nd moved that the Senate agree to the House amendment to SB 110. On the motion, a roll call was taken, and the vote was as follows: N Balfour N Blitch Y Bowen Y Broun, 46th Y Brown, 26th N Brush N Burton Y Butler N Cable N Cagle N Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis N Gingrey N Golden N Guhl Y Harbison N Hecht Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D N Johnson,E Y Kemp N Ladd N Lamutt Y Land N Lee 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 Y Starr Y Stephens Y Stokes Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker N Williams On the motion, the yeas were 34, nays 19; the motion prevailed, and the Senate agreed to the House amendment to SB 110. 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 1930 JOURNAL OF THE SENATE 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 House substitute was as follows: 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 location under certain conditions; to amend Chapter 1 of Title 34 of the Offi cial Code of Georgia Annotated, relating to general provisions, relative to labor and in dustrial relations, so as to authorize employers to provide accommodations for certain 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 location, where the mother is otherwise authorized to be, pro vided 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. (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. Senator James of the 35th moved that the Senate agree to the House substitute to SB 29. On the motion, a roll call was taken, and the vote was as follows: WEDNESDAY, MARCH 24, 1999 1931 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 Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Walker Y Williams On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 29. 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 House substitute was as follows: 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. 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: 1932 JOURNAL OF THE SENATE (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 and the actual cost of training such of those employees who work as dispatchers; (4) Office supplies of the public safety answering points used directly in providing emergency '911' system services; and (5) The cost of leasing or purchasing a building used as a public safety answering point. Moneys from the fund cannot be used for the construction or lease of an emergency '911' system building until the local government has completed its street addressing plant; (6) The lease, purchase, or maintenance of computer hardware and software used at a public safety answering point, including computer-assisted dispatch systems; (7) Supplies directly related to providing emergency '911' system services, including the cost of printing emergency '911' public education materials; and (8) The lease, purchase, or maintenance of logging recorders used at a public safety answering point to record telephone and radio traffic." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator James of the 35th moved that the Senate agree to the House substitute to SB 138. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Huggins Y Jackson Y James Y Johnson,D Y Johnson.E 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 Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Walker Y Williams WEDNESDAY, MARCH 24, 1999 1933 On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 138. The following message was received from the House through Mr. Rivers, the clerk thereof: Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the follow ing bill of the House: 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. The House insists on its position in disagreeing to the Senate amendment 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 211. By Representatives Walker of the 141st and Buck of the 135th: A bill to amend Article 6 of Chapter 3 of Title 20 of the Official Code of Geor gia Annotated, the "Private Colleges and Universities Authority Act," so as to change the definition of the term "institution of higher education" for purposes of said article; to thereby change the scope and operation of said article. The Speaker has appointed on the part of the House, Representatives Walker of the 141st, Channell of the lllth and Parrish of the 144th. The House has agreed to the Senate amendment, as amended by the House, to the fol lowing bill of the House: HB 699. By Representatives Royal of the 164th, Shanahan of the 10th, Smith of the 12th and others: A bill to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Geor gia Annotated, relating to county and municipal service delivery strategies, so as to change certain provisions regarding criteria in developing such service delivery strategies; to change certain provisions regarding limitation of fund ing for projects which are not included in or which are inconsistent with a ser vice delivery strategy. The following bill was taken up to consider House action thereto: 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. The House substitute was as follows: A BILL 1934 JOURNAL OF THE SENATE To be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20, the "Public School Disciplinary Tribunal Act," so as to require that student codes of con duct include provisions addressing verbal assault, physical assault or battery, and disre spectful conduct toward teachers, administrators, other school personnel, other students, and persons attending school-related functions; to provide for the filing of such provi sions with the State Board of Education and for their review as to form; to provide for the distribution of student codes of conduct in conjunction with student handbooks and for parents' and guardians' acknowledgments of receipt; 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. Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20, the "Public School Disciplinary Tribunal Act," is amended by adding a new Code section, to be designated as Code Sec tion 20-2-751.4, to read as follows: "20-2-751.4. (a)(l) Each student code of conduct shall contain provisions that address the follow ing conduct of students during school hours and at school-related functions, in a manner that is appropriate to the age of the student: (A) Verbal assault of teachers, administrators, and other school personnel; (B) Physical assault or battery of teachers, administrators, and other school personnel; (C) Disrespectful conduct toward teachers, administrators, and other school personnel; (D) Verbal assault of other students; (E) Physical assault or battery of other students; (F) Disrespectful conduct toward other students; and (G) Verbal assault of, physical assault or battery of, and disrespectful conduct to ward persons attending school-related functions. (2) No later than August 15, 2000, each local board of education shall send to the State Board of Education a copy of the provisions of its student code of conduct that address the items identified in paragraph (1) of this subsection. The state board shall review such provisions to ensure that each of the items identified in paragraph (1) of this subsection is addressed and shall notify a local board of education, no later than October 15, 2000, of any items which are not addressed in its submission to the state board. Nothing in this subsection shall be construed as authorizing or requiring the state board to review or approve the substance of the student codes of conduct. (b) Any student handbook which is prepared by a local board or school shall include a copy or summary of the student code of conduct for that school or be accompanied by a copy of the student code of conduct for that school. If a student handbook contains a summary of the student code of conduct, then a full copy of the student code of con duct shall be made available for review at the school. When distributing a student code of conduct, a local school shall include a form on which the student's parent or guardian may acknowledge his or her receipt of the code, and the local school shall re quest that the form be signed and returned to the school." SECTION 2. WEDNESDAY, MARCH 24, 1999 1935 This Act shall become effective on July 1, 2000. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Hill of the 4th moved that the Senate agree to the House substitute to SB 49. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Blitch Y Bowen Y Broun, 46th Y Brown, 26th Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson.D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas.N Thompson Y Walker Y Williams On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 49. Senator Meyer von Bremen of the 12th moved that the following bill, having been placed on the Table March 23, 1999, be taken from the Table: 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. On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 218 was taken from the Table. The following bills were taken up to consider House action thereto: SB 98. By Senators Hecht of the 34th, Dean of the 31st, Hooks of the 14th and others: A bill to amend Code Section 48-5-306 of the Official Code of Georgia Anno tated, relating to notice of changes in taxpayer's return, so as to add provi sions relating to the contents of such notice. The House substitute was as follows: 1936 JOURNAL OF THE SENATE A BILL To be entitled an Act to amend Code Section 48-5-306 of the Official Code of Georgia An notated, relating to notice of changes in ad valorem tax returns, so as to authorize dis closure of additional information to taxpayers in the event of certain increased assess ments; 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. Code Section 48-5-306 of the Official Code of Georgia Annotated, relating to notice of changes in ad valorem tax returns, is amended by adding a new subsection at the end thereof to be designated subsection (d) to read as follows: "(d) New assessment description. Where the assessment of the value of the taxpayer's real property subject to taxation exceeds the returned value of such property by less than 15 percent, a county governing authority may provide by ordinance or resolution that the notice thereof to the taxpayer may be accompanied by a simple, nontechnical description of the basis for the new assessment. Such notice may also contain a state ment of the availability of all documents reviewed in making the assessment, the ad dress of all real properties utilized as comparable properties, and all factors considered in establishing the new assessment." SECTION 2. This Act shall become effective on January 1, 2000, and shall be applicable to all taxable years beginning on or after that date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Hecht of the 34th moved that the Senate agree to the House substitute to SB 98. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht Y Hill Y Hooks Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak Y Price.R Y Price,T Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Thompson Y Walker Y Williams WEDNESDAY, MARCH 24, 1999 1937 On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 98. HB 100. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000. Senator Walker of the 22nd moved that the Senate adhere to its amendment #2 and that a Conference Committee be appointed. On the motion, the yeas were 35, nays 0; the motion prevailed, and the President ap pointed as a Conference Committee the following Senators: Walker of the 22nd, Dean of the 31st and Marable of the 52nd. 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. Senator Walker of the 22nd moved that the Senate recede from its substitute to HB 618. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Cable Y Cagle Y Cheeks Y Crotts Y Dean Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl Y Harbison Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson.E Y Kemp Y Ladd Y Lamutt Y Land N Lee Y Madden Y Marable Y Meyer von Bremen Y Perdue Y Polak 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 Thompson Y Walker Y Williams On the motion, the yeas were 49, nays 1; the motion prevailed, and the Senate receded from its substitute to HB 618. HB 185. By Representatives Hanner of the 159th and Royal of the 164th: 1938 JOURNAL OF THE SENATE A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Anno tated, the "Georgia Underground Storage Tank Act," so as to provide addi tional powers of the director of the Environmental Protection Division of the Department of Natural Resources; to provide for the repayment of certain funds paid into the Underground Storage Tank Trust Fund. Senator Madden of the 47th moved that the Senate recede from its amendment to HB 185. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler 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 Marable Y Meyer von Bremen Perdue Y Polak Y Price,R Y Price.T Ragan Y Ray Y Roberts Y Scott Y Smith Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Walker Y Williams On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate receded from its amendment to HB 185. Pursuant to Senate Rule 111, the following bill, having been taken from the Table ear lier today, was put upon its passage: 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. Senate Sponsor: Senator Meyer von Bremen of the 12th. The Senate Health and Human Services Committee offered the following substitute to HB 218: A BILL To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia An notated, 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 provi sions relating to termination of parental rights when the child is not in the parent's cus- WEDNESDAY, MARCH 24, 1999 1939 tody; to change provisions relating to placement of a child following an order terminat ing parental rights; to change the scope of the search for suitable family members for placement; to provide for designation of a named licensed child-placing agency to place the child for adoption in certain circumstances; to provide additional grounds for termi nation of parental rights in adoption proceedings; to change a provision relating to the fee charged by the department for the cost of conducting a search for a biological parent or sibling or information relating thereto on behalf of an adopted person or the sibling of an adopted person; to revise forms for surrender of rights and the mother's affidavit; to combine three forms for surrender of rights of an alleged biological father into a single surrender form and to revise cross references accordingly; to provide for inclusion of in formation regarding American Indian heritage and military service in the mother's affi davit; to make editorial changes; to provide for applicability and an effective date; to re peal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile pro ceedings and parental rights, is amended by striking in its entirety subparagraph (b)(4)(C) of Code Section 15-11-81, relating to grounds for termination of parental rights, and inserting in lieu thereof the following: "(C) In addition to the considerations in subparagraph (B) of this paragraph, where the child is not in the custody of the parent who is the subject of the pro ceedings, in determining whether the child is without proper parental care and control, the court shall consider, without being limited to, whether the parent without justifiable cause has failed significantly for a period of one year or longer prior to the filing of the petition for termination of parental rights: (i) To coiuiiimiicaUj 01' lu make a buna fide attempt tu cuiuinuiiicaU? develop and maintain a parental bond with the child in a meaningful, supportive, paieulal manner; (ii) To provide for the care and support of the child as required by law or judi cial decree; and (iii) To comply with a court ordered plan designed to reunite the child with the parent or parents." SECTION 2. Said chapter is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 15-11-90, relating to placement of a child following a termination or der, and inserting in its place the following: "(a)(l) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall first attempt to place the child with a person related to the child by blood or marriage or with a member of the child's extended family ui with a ptubun i elated tu the child by bluud ui mai1liage. An exhaustive and A thorough search for a suitable family member shall be made by the court and the Department of Human Resources in attempting to effect this placement. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court. A placement shall be made under the terms of this paragraph only if such a placement is in the best interest of the child." 1940 JOURNAL OF THE SENATE SECTION 3. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking in its entirety paragraph (2) of subsection (e) of Code Section 19-84, relating to surrender or termination of parental or guardian's rights and consent of a child 14 or older, and inserting in lieu thereof the following: "(2) The biological father who is not the legal father of a child may surrender all his rights to the child for the purpose of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection ftj) (d) of Code Section 19- 8-26." ~ SECTION 4. Said chapter is further amended by striking in its entirety subsection (k) of Code Section 19-8-5, relating to surrender or termination of parental rights where adoption by an un related third party is planned, and inserting in its place the following: "(k) A petition for adoption pursuant to subsection (a) of this Code section shall be filed within 60 days from the date of the surrendei, ulhuiwise, eACBpl m cases of ex.cusabln imglecl,. If the petition is not filed within the time period specified by this subsection or if the proceedings resulting from the petition are not concluded with an order granting the petition, the surrender shall operate in favor of the child-placing agency designated in the surrender of rights, if any, unless said agency declines to ac cept the child for placement for adoption or no child-placing agency is designated in the surrender of rights, in which cases the surrender shall operate in favor of the de partment for placement for adoption pursuant to subsection (a) of Code Section 19-8-4. The court may waive the 60 day time period for filing the petition for excusable neglect." SECTION 5. Said chapter is further amended in Code Section 19-8-6, relating to surrender of paren tal rights when the mother and father are not still married and when only one parent is still living, by striking in its entirety paragraph (2) of subsection (e) and inserting in lieu thereof the following: "(2) The biological father who is not the legal father of a child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (f) (d) of Code Section 19-8-26." SECTION 6. Said chapter is further amended in Code Section 19-8-7, relating to surrender or termi nation of parental or guardian's rights when the child is adopted by a relative, by strik ing in its entirety paragraph (2) of subsection (e) and inserting in lieu thereof the following: "(2) The biological father who is not the legal father of the child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (f) (d) of Code Section 198-26." SECTION 7. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 19-8-10, relating to instances when surrender or termination of parental rights is not re quired as a prerequisite to filing a petition for adoption, and inserting in its place the following: WEDNESDAY, MARCH 24, 1999 1941 "(a) Surrender or termination of rights of a parent pursuant to subsection (a) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent pursuant to Code Section 19-813 where the court determines by clear and convincing evidence that the: (1) Thai child Child has been abandoned by that parent; (2) That paiuut Parent cannot be found after a diligent search has been made; or (3) That paient Parent is insane or otherwise incapacitated from surrendering such rights;; or (4) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4) of subsection (b) of Code Section 15-11-81, and the court is of the opinion that the adoption is in the best interests of that child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and sta ble home." SECTION 8. Said chapter is further amended in Code Section 19-8-11, relating to petitions to termi nate parental rights, by striking in its entirety paragraph (3) of subsection (a) and in serting in its place the following: "(3) Parental rights may be terminated pursuant to paragraph (1) or (2) of this sub section where the court determines by clear and convincing evidence that the: (A) The child Child has been abandoned by that parent; (B) That pdiuul Parent of the child cannot be found after a diligent search has been made; (C) That paiuiil Parent is insane or otherwise incapacitated from surrendering such rights; or (D) That parent dues not have physical custody uf the child aud, for a poiiud uf UIIG yc'a^ OT lulled iimilcuiaLoliy jji luiLu Llic liliug ul Llic ^jcLitiuii ILII enKj^iLilfll, wiLlluuL jilSlilmUlc Cause/,licis siguilii;alll>ly iaiicu Lu uumiiiuiiiu4iLc wlLli Llic dulvi ill a meaningful, suppoilive, parental manner Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4) of subsection (b) of Code Section 15-11-81" and the court shall set the matter down to be heard in chambers not less than 30 and not more than 60 days following the receipt by such remaining parent of the no tice under subsection (b) of this Code section and shall enter an order terminating such parental rights if it so finds and if it is of the opinion that adoption is in the best interests of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, includ ing the need for a secure and stable home." SECTION 9. Said chapter is further amended in Code Section 19-8-23, relating to where adoption records are kept, examination by parties and attorneys, use of information, information requests registry, and searches by placement agencies, by striking in its entirety para graph (7) of subsection (f) and inserting in lieu thereof the following: 1942 JOURNAL OF THE SENATE "(7) The department or placement agency may charge a reasonable fee to be deter mined by the department for the cost of conducting any search pursuant to this sub- SGCtlOH 110 L tu QXCccu a ItiO ul tpuu6 tifctLiOil J.y~o~Tc olicill ^uiilui'lll SUOiaLculLlciliy tO tile lOiluwiiig iOi'liil SURRENDER OF RIQIIT3 FINAL RELEASE FOR ADOPTION NOTICE TO BIOLOGICAL FATHER. L liiS IS iii 1111J)G1' LtHiI Iti^ctl u.OCU.lllciiL cillU Dy Si^HlH^J 1L jKjti cll'ti SLiil'tiliufei'iii^ tll OI yGU.1 ll^litj Li tic, ailCl uliiiiii LO Llit; CllllLl iu.cii,Lilicu. liciclil, ctO e\S Lu IciCiliLclli^ l/lic Clillu. o |!)liiCciiit;iiL IO1 culu^jLujii. VOli ai'c LO i'cCtil V & Si Cupy Ot UinS uOCuiliciiL euiu ctci CA^ilaiiicu D6iOW I13VS Lilt; ri^Jllt tO Witiiul'clW j'oiii BU.l'l'fcliu.tH1 Wittllll tcii uii^o liLriii Llli? u.d It; VOXi sifcjii it. Cliilu^ to ^HlotJi' L ndiiiti \ji 1110 Llici ) uii vlllBt;!1 ^ t/n LliuitLti ul Cliilu/^ Ucin^ SOlluiLu uS LliilL ficiiCl CIUiu SliOlllCl i cteivc Llic UclldltS ctlitl ciuViilltii^cci ul 3 ^uuu. liuiiitij Lu bile tillQ Lllcit' \SIlc ) \LLCJ iU&y L)c liLLtu 101 Hiti 1'fcv^u.il cliicliLo OI lilc, COliocuL LO LlilS ilLllliiliu.^!. 1, Lilt; QHut^i'si^iicu, uu lit;ilcljy SLU it;liO.t;i' LIic ClliU tO (^niiiciTy iiimic OI Cliilil-^)1cidli^ it^^UCy OT JJ c ^jtii' tiiic i i L u I i. J. U.iiiiil I IvtiSOuiiVcSj 35 ii^) p li C ci Ulc 7 fiiiu. ^jiOUilSti liuL tO 1H~ Ltil'ltilB lii Lilt U-liilXci^t;iilcllL Oi Lliti Cllilu. ill iiiiy i'tiS|it;iiL WlliiLfeVci s mill, lii COliSlCltJi'S*1 Liuii Oi Llic utilitjlito g ual'iillLtJCil iJ^y vlllScI'ti liclliic Oi Clillu.~^jicitiii^ ci^ciiiiy ui JJc^jd~t't~ B3CGHTI OI IJlLiliicili IvcriOU.l'uco, iiri tjj|^llCciulcJ 111 LliLlS |Ji u v iClin^ lui1 tliti uJtiilUj i. uO i^lUiCj^UlsIi all li^liL, LiLlti, iiilu. Clcilili tO Lli6 Clillu litil'tilli iiciiiit^ij., it L)t^lli^ Uij' Wltilij lli~ L^llL, (UXvi ^j ill ^;uSci LO i cliiiO^mSll clljDul uLci^ iill CuiiLi ul OVcI Llit; lillilil. 1 Lil'Llltil AiXOl'ti, 1 iici7cuj' ei^i'cc LllcLL Lliii v.iiictci't' HHHTG ul Cliilu.~}jlciCiil^ ii^tijj.Ciy Oi JJ6~ l'Lliiti1ft ul llU-llicill 1\>&SOtil CtiS, 35 a^J OilCiiLjiti/ Iil3.y SecA. IO1 tile CllllCl ct iti^cil fl.u.Op Liun ujf B iiCll ^fet'8011 ui1 ^jci'riOHS 3S iH&y b^ CfiQ&cli u^ trXfe ylllocl L liamc OI CH.lIu.~^I nijj ^^cnuy OI' J-)cpoLrLiii61lt Oi IJUillcill iwSuui'ucS, e\8 appiicabre7 OT ITS a u tllui'iZ ii^cliLS, WltilOllt 1U.1 Lliei nuLiCc tO lllti. I uO^ 1U.1 Llitl'lliOl'ti, cX^)l*CSSly WcUVfe ui^~ Otl lluLICci Oi Sci viCc lil Stay \ji Lilc ici^cil )i'uCccu.ill^B luiL Lllc e\u.O^iLiuii OI Lilt! Ciiild. r1 ui'tliciiiiOrfe, 1 uiiu.ci"ritimu Ilia I Uilutil (jrcui^iia. le\W Llie IJcpm tiiieiit ul lluuuciii IvG^ S\jU.l Otitt OT t>113 Cllim-^jlaCiii^ ii^tliC^ iS I'tL^Llll t?Ll tO COiiuUCli cLii iliVcSLl^citiull cillCt I'clltlt;! t I'tJ^JU^t tO U11& COUi t 111 CuiiiicCtiOil. Wltli tlic Ic^iil ^jI'uCccuiil^ tOi' Lilt; Ic^cil \uOJ)tlOl.i ul Lliti Clllld ciiiu. J. lltil tiu^y ii^l'ct; tO COO^ci'aLc lU.11^1 Wivll SU.C11 ilc^ui LllidiL ui ii^tillC^' ul Lllc COHuUCt OI ItS HivcfciLi^ciLlOli. i* ill tll^l^iiiOrGj 1 llclcuy Cci'tiiy tll&t 1 li&Vc l*6Ct;lvt;u. a. CO^y Oi tliiS uOCUllltJliL 31 lu LliciL 1 Lilltlfcl oLciiiu. 1 iil&y Oiiljf WitllClrttW tlllS SLtlTdltlci' \J$ ^1V1H^ W I'lLLtill UutiCt^, u6livci'cu 111 1^61' SOli Ol" lllcllltid by i cj^icsLei'cu. lll<^.ll, tO t,llifet;l L lliilHc iinil ciu.ul'cSS Oi ClillCl-^jliiCili^ ci^cnC^ ui JUti Jjcii tilicn L Ot I.i.uilj.ciii IvtiSOlU'Cco, ciii aOJ)llCiulc/ VviLlim Lcll tliijy S li'uill Lilt) uciLc llci'eOlj Lli u.ek.y tildt IS nut & kjilLUl'tlii^y, oU.liuS.yjOT 1(5^3.1 liOliiJ.ci^y, ctiiu 1 umkistaud that it may NOT be wilhxhawii thematic!!1. 1 Ui'tlltii'iiiui ttj 1 lltil'dj^ Ccl Lily tli&L 1 iiaVc nut uctiil SLiLycCLcu. tG &iiy utii'cbci ul tuiuuc pressure HT tliG cxsciitjion 01 tins su.rr^nclci1 u.uuu.iiiciiL 3.11cl no so liccly siiu. V ul uii tLl lly. WlLOcflfl m,V ligJlu. tini jSca.1 l/iilri Qfl.V OI . .' (SEAL) JlOlO^lCiil ieitlici) Reserved. (c) The surrender of rights by a parent or guardian pursuant to paragraph (1) of sub section (e) of Code Section 19-8-5 shall conform substantially to the following form: SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION NOTICE TO PARENT OR GUARDIAN: This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as ex plained below have the right to withdraw your surrender within ten days from the date you sign it. I, the undersigned, being solicitous that my (male) (female) child, born (insert name of child), on (insert birthdate of child), should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender. I, the undersigned, (insert relationship to child) of the aforesaid child, do hereby surrender the child to (insert name, surname not required, of each person to whom surrender is made), PROVIDED each such person is named as petitioner in a peti tion for adoption of the child filed in accordance with Chapter 8 of Title 19 of the Official Code of Georgia Annotated within 60 days from the date hereof. Further more, I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (insert name, surname not required, of each person to whom surrender is made) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child. It is also my wish, intent, and purpose that if each such person is not named as pe titioner in a petition for adoption as provided for above within the 60 day period, other than for excusable neglect, or, if said petition for adoption is filed within 60 days but the adoption action is dismissed with prejudice or otherwise concluded without an order declaring the child to be the adopted child of each such person, 1944 JOURNAL OF THE SENATE then I do hereby surrender the child to (insert name of designated licensed childplacing agency), a licensed child-placing agency, for placement for adoption; or the Department of Human Resources, as provided by subsection (k) of Code Section 198-5, for placement for adoption; and (insert name of designated licensed child-plac ing agency) or the Department of Human Resources may petition the superior court for custody of the child in accordance with the terms of this surrender. Furthermore, I hereby agree that the child is to be adopted either by each person named above or by any other such person as may be chosen by the (insert name of designated licensed child-placing agency) or the Department of Human Resources and I do expressly waive any other notice or service in any of the legal proceedings for the adoption of the child. Furthermore, I understand that under Georgia law the Depai lineal uf Human Resumuub an agent appointed by the court is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with such dupai tuieiit agent in the conduct of its this investigation. Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail, to (insert name and address of agent of each person to whom surrender is made) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately follow ing the date hereof;; however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily. Witness my hand and seal this ____ day of _________, __. _________(SEAL) (Parent or guardian) Unofficial witness Sworn to and subscribed before me this day of ,_ Notary public (SEAL) My commission expires (d) The surrender of rights by a biological father who is not the legal father of the child pursuant to paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form: SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION NOTICE TO ALLEGED BIOLOGICAL FATHER: WEDNESDAY, MARCH 24, 1999 1945 This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as ex plained below have the right to withdraw your surrender within ten days from the date you sign it. I, the undersigned, alleged biological father of a (male) (female) child, born (insert name of child) to (insert name of mother) on (insert birthdate of child), being solici tous that said child should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender. I, the undersigned, do hereby surrender the child, lo (inseit name of each pmsuir-to W limn SUi'iciiu-Ci iri ih&ut^J, L L\\JV LUvJiJ t^tiOli SuCii ypl flOn i& il^tiiitju. O tile lullOWlIlj^ luiili. aURRENDER OF IIIQIIT3 FINAL RELEASE FOR ADOPTION NOTICE TO BIOLOGICAL FATHER. AiliS IS clii 1 lli|jui I iiii LIti^cll QOCu.ili.Gilt ciilu.DySi^inil^ It yOUiil'ti SUl'l'OllCltji'iil^ till OT yOU.1* i i^liL, LiLlc, iillCl kJ.leiiiii CO tileClillu ICltnLilicu. 1161*6111, eiu ctS Lu IciOlliLcll^ tllfi ululu s jjlciCciiienL iOi culOJjLlOii, YOU cll'tJ Lu I'cCciVt ii COJ)y ul CliiS u.uuU.iJUtiliL HliCl lj.u ulu ictici v c Lllci D^n^lits tiiiu duVcuitd^Bb ul ii ^OOu liOIiitij Lu tlic ciiu tri^iL vSllc/ \iltv m^y "^ litt'cCl lui' LlWi I'ttjU-ii'tllitiiiLB ul lilc, COIlStlit Lu LlnH tiU.i'i't;Ilu.t;i. 1, Llic tiiiut;! Si^ntiCl, ilu llcl'cu^ Bu.i'i'cii'-lci Lllc Cliilu tu t,iiiici L ilciiXit: ul ciiiill JDfci'tiijli Lu wlluill riU.l'1'iiliu..t;! ici liiiiuti^, ck-liu ^fi'Oliiirit! HOT/ tO inLci'ltii'ti ill Lllti iliciilci^tllltlll' ul Xlic CilllCl 111 any ict!^)t;CL \Vll3.LcVci } cillCl, 111 CO11SniciiitlOll Ol tlic uclicllLH ^ ucii'ciii LccU. by v^lIlSci'l' iittHiS Ol ettcll ^ci'SOll tu WllOLu ci u.i i ciiu,t;i' IS iilculcj ill Llluo ^ji'OViu.iil^ IOI Llie ICTj""! u.u I dniu^uicili a.11 I'l^llLj LiLlc, cillu Cliiliii tu Llie Cllllu. litil'cni ilclllltu^ It L)ti Sti LO i'tillilu^Llltill iiuSultitcly ck.il CO11L1 Ol OVcl1 1/116 Cllllu. i. Ul' tiici'lliui't; , 1 llfei'c u_y ii^i'tti Llicll vinStil'L iiiiliiti ul ciiCli jjci'Suli I/O wliuili SU.l'1'tJliu..tJl' iS illciulti/ Ili3.y llnLiixLe Ic^cil p^OCtitulli^S 101* tfl6 16^fli ckuO^JllOli ul Lilt? Cllllu.) W^iLliOLit luil~ tll6r 11011C6 ttr illti. 1 uO, lui'tlleiiuOrfi, ^Api'cSSly W8.1V6 euijr utllci nuliuc uin S61VlCfe 111 tliy Ol tll6 Icgcil prOCtJtiuiii^ri lui' tllfe ailu^jtiuil Ol tiit; Cliilu. i1 U-l'Liitiriiiui'c, 1 uliiultil'SLciiiLl Llxeit Ulluld vrcui ^Ici lit W Llic J-Jc^/cil Lmciit Ol -IJ-Ulllcl.!! J.vcriOLll'CtiS lllciy Lfc I'tJ^Llll'teLl Lu CulluliCL iill niVcSLl^eiLiuii culil Icillutil & I'c^jui'L LO Lllfe COuiL in LuimeLUmi with Uiu lugdl piuceudiiig fur UIB legal adoption uf UIK child and I licicDy CLj^ivG Lu COuJj^l'&tfi TQily Wltll Llic Lic^iii'LllitillL 111 Lilt; uuiluLLCt 01 iLS WEDNESDAY, MARCH 24, 1999 1947 Fmlheiiiiuie, I liuieby ceilify llml I have mcuivud a cupy uf thib duiunieut and Chat I undeibtaiid I may unly withdraw this biumudei by giving wiilten uutiuj, delivtm-d 1H jJci'Suii ui UX&llu. Uy 1 ct^lSLci'tiO lilci.il, t/O vlUS&Tt lliiiilc cLiiil iiClul'tiiSS OI tieiCli ^itii 6uil Lu wllGiu Bu.iicllu.tii1 IS iilci(J.ti,) WiLlilll ten u&^& li'uiii Lliii udtc HSltiOlJ tliciL Llit; Lcii dia^s isliciil DG Cu ml LtCl CO11s6CU.11Veiy DC^iililiii^ Witil Lllti Q&y iiiiiiltiCll ui'c 111 tile eXc C U L1O11 ul LliiS Sui'lci-iuci' uOCUlllciiC cinu uO SO li'cclj^ ciiiu ciiXCl iscal tlJtJtfe u.fl.y Ol (SEAL) JNot.fl.iy uuUiiC Reserved." "(h) The affidavit of a legal mother required by subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall meet the following requirements: (1) The affidavit shall set forth: (A) Her name; (B) Her relationship to the child; (C) Her age; (D) Her marital status; (E) The identity and last known address of any spouse or former spouse; (F) The identity, last known address, and relationship to the mother of the biolog ical father to of her child, provided that the mother shall have the right not to dis close the name and address of the biological father of her child should she so desire; (G) Whether or not the biological father of the child has lived with the child, con tributed to its support, provided for the mother's support (including or medical care) during her pregnancy or during her hospitalization for the birth of the child, or made an attempt to legitimate the child; and (H) All financial assistance received by or promised her either directly or indi rectly, from whatever source, in connection with her pregnancy, the birth of the child, or the placement or arranging for the placement of the child for adoption (including the date, amount or value, description, payor, and payee), provided that financial assistance provided directly by the mother's husband, mother, father, sis ter, brother, aunt, uncle, grandfather, or grandmother need not be detailed and instead the mother need only state the nature of the assistance received; and 1948 JOURNAL OF THE SENATE (2) The affidavit shall conform substantially to the following form: MOTHER'S AFFIDAVIT NOTICE TO MOTHER: This is an important legal document which deals with your child's right to have its father's rights properly determined. Yuu have tlin ilghl uut to disclose Ihu ilailic ciliti culuit^&S 01 LlltiulOlu^iCdl icitlltil' Ol yOUi1 Cliiltlj llOweVcl jSiluuiu. yvli \!K~ diue tu piuvidu buth iufui'maliuu, If you decline to disclose the name and address of the biological father of your child, understand that you may be required to ap pear in court to explain your refusal or and that your name may be used in con nection with the publication of notice to the biological father. Understand that you are providing this affidavit under oath and that the information provided will be held in strict confidence and will be used only in connection with the adoption of your child. STATE OF GEORGIA COUNTY OF ____ Personally appeared before me, the undersigned officer duly authorized to admin ister oaths, _______________, who, after having been sworn, deposes and says as follows: That my name is _______________. That I am the mother of a (male) (female) child born (insert name of child) in the State of _____, County of _____ on (insert birthdate of child). That I am _____ years of age, having been born in the State of _____, County of _____ on _________. That my social security account number is __________. That my marital status is at the time of the conception of my child was (check the status and complete the appropriate information): ( ) Single, never having been married. ( ) Separated but not legally divorced; the name of my spouse is _______________; his last known address is _______________; we were married in the State of _____, County of _____ on _____; we have been separated since _________; we last had sexual relations on ( ) Divorced; the name of my previous spouse is _______________; we were married in the State of ____, County of ____ on ____; his last known address is _________; divorce granted in the State of ______, County of _____ on _________. ( ) Legally married; the name of my spouse is (was)(is) _________; we were married in the State of _____, County of _____ on _________; and his last known address is _________. ( ) Married through common-law marriage relationship prior to January 1, 1997; the name of my spouse is (was) (is) ____________; his last known address is _________; the dalu and planj our relationship began is in the State of____, County of____on____ (inaeit dale, cuuiily, slate). WEDNESDAY, MARCH 24, 1999 1949 ( ) Widowed; the name of my deceased spouse is was _______________; we were married in the State of _____, County of _____ on _____; and he died on _____ in the County of _____, State of. That my name and marital status at the time of the birth of my child was (check the status and complete the appropriate information): Name ( ) Single, never having been married. ( ) Separated, but not legally divorced; the name of my spouse (was) (is) ; his last known address is_____________; we were married in the State of_________, County of________on____________; we have been separated since__________; we last had sexual relations on_______._ ( ) Divorced; the name of my former spouse is_______; we were married in the State of___________, County of________on_______; his last known address is_________________; divorce granted in the State of , County of_______._ ( ) Legally Married; the name of my spouse (was) (is)_________; we were married in the State of______________, County of__________on on_________; and his last known address is______________. ( ) Married through common-law relationship prior to January 1, 1997; the name of my spouse (was)(is)_______; his last known address is_______; our relationship began in the State of________, County of_______on ( ) Widowed; the name of my deceased spouse was_______; we were mar ried in the State of____, County of_______on_______; and he died on in the County of_______, State of_______._ That the name and las I kiiuwn adJiesn of the biological father of my child is (complete appropriate response): Known to me and is ( inseit name______); Known to me but I expressly decline to identify him ui piuviJu his addiesb because _____________________; or Unknown to me because That the last known address of the biological father of my child is (complete ap propriate response): Known to me and is (iuheiL lasl known address); Known to me but I expressly decline to provide his address because or Unknown to me because 1950 JOURNAL OF THE SENATE That, to the best of my knowledge, I (am) (am not) of American Indian heritage. If so: (A) The name of my American Indian tribe is________and the percentage of my American Indian blood is___percent. (B) My relatives with American Indian blood are: _________________ (C) I (am) (am not) a member of an American Indian tribe. If so, the name of the tribe is___________._ (D) I (am) (am not) registered with an American Indian tribal registry. If so, the American Indian tribal registry is:____________and my registration or identification number is:_______________._ (E) A member of my family (is) (is not) a member of an American Indian tribe. If so, the name of each such family member is:__________and the name of the corresponding American Indian tribe is:_______________._ (F) A member of my family (is) (is not) registered with an American Indian tribal registry. If so, the name of each such family member is: and the name of the corresponding American Indian tribal registry is: and their corresponding registration or identification numbers are: That to the best of my knowledge, the biological father (is) (is not) of American Indian heritage. If so: (A) The name of his American Indian tribe is________and the percentage of his American Indian blood is percent. (B) His relatives with American Indian blood are: (C) He (is) (is not) a member of an American Indian tribe. If so, the name of the tribe is:_______________._ (D) He (is) (is not) registered with an American Indian tribal registry. If so, the American Indian tribal registry is:___________and his registration or identification number is:_________________________._ That the date of birth of the biological father (was_______,19 ) or (is not known to me). That the biological father (is) (is not) on active duty in a branch of the United States armed forces. If so: (A) The branch of his service is (Army) (Navy) (Marine) (Air Force) (Coast Guard). (B) His rank is (C) His duty station is If applicable, please provide any additional available information regarding his military service. ____________________________________ That the diild'b biological father of my child, whether or not identified herein (strike each inappropriate phrase): WEDNESDAY, MARCH 24, 1999 1951 (Was) (Was not) married to me at the time the this child was conceived m was Jj01 lij ctliCl 111S jiStfirnit^ \HtS^ (,llic> imii) ijwiL u.iDjjiuVcCl tiy a iincil ptiLc^iiiLy \JL~.t^l Ol (Was) (Was not) married to me at any time during my pregnancy with this child! (Was) (Was not) married to me at the time that this child was born; (Did) (Did not) marry me after the child was born and recognize the child as illS OWITJ &ilu liici ^J&L<;i"iilty \ii/ ilitiB HOt/ u6GIl Clisi-ii'tjveu uy fl. Ilil&l ^itiCfil7iliLy (Has) (Has not) been determined to be the child's father by a final paternity order of a court; and (Has) (Has not) legitimated the child by a final court order:; Lliat tilt; UiOiu^iucii let Lilt;i ul Liiy Cliilu ^ibli'lKfe"tilS liicniJ-H'O^ji itiLt; |jlli clSti/! (Has) (Has not) lived with the child; (Has) (Has not) contributed to its support; (Has) (Has not) provided for my support (iiicludmg medical caie) during my pregnancy or hospitalization for the birth of the child; and (Has) (Has not) provided for my medical care during my pregnancy or hospitalization for the birth of the child; and (Has) (Has not) made any attempt to legitimate the child. That I have received or been promised the following financial assistance, either directly or indirectly, from whatever source, in connection with my pregnancy, the birth of my child, and its placement for adoption: That I recognize that if I knowingly and willfully make a false statement in this affidavit, I will be guilty of the crime of false swearing. Sworn to and subscribed before me this _____ day of _________, __. (Mother) (Biological Mother's Signature) Notary public (SEAL) My Commission Expires . SECTION 11. (a) This Act shall become effective on July 1, 1999. (b) The provisions of this Act shall apply to petitions for adoption filed on or after July 1, 1999, except that each surrender of rights filed pursuant to a petition filed on or after July 1, 1999, shall be effective if such surrender of rights complies with the provisions of law in effect on the date of the execution of such surrender of rights. SECTION 12. All laws and parts of laws in conflict with this Act are repealed. Senators Balfour of the 9th and Johnson of the 1st offered the following amendment: 1952 JOURNAL OF THE SENATE Amend HB 218 committee substitute by adding on page 21, after line 20, "(c) It is the intent of this Code section, and the General Assembly believes it is in the best interest of Georgia's children, to restrict the privilege of adoption in Georgia to individuals or le gally married couples consisting of a husband and wife." Senator Meyer von Bremen of the 12th offered the following amendment: Amend the Balfour, Johnson of the 1st amendment by striking lines 9, 10 and 11 and replacing with the following: "adoption in Georgia to individuals who have not been con victed of the offense of aggravated child molestation." Senator Balfour of the 9th asked unanimous consent that his amendment be withdrawn. The consent was granted and the Balfour, Johnson of the 1st amendment was withdrawn. The Meyer von Bremen amendment to the Balfour, Johnson of the 1st amendment was moot. Senators Land of the 16th and Meyer von Bremen of the 12th offered the following amendment: Amend the committee substitute to HB 218 by striking lines 10 through 12 of page 1 and inserting in lieu thereof the following: "provide for an election by the legal parent in such parent's surrender of rights as to the operation of such surrender in the event that an adoption petition is not filed within the statutory period, or such a petition is filed within the statutory period but is concluded without an order for adoption; to provide that election of return to that legal parent or guardian shall not be deemed to impair the validity, absolute finality, or totality of the surrender under any other circumstance; to provide for additional grounds for termination". By striking lines 23 through 28 of page 3 and inserting in lieu thereof the following: "operate as follows according to the election made therein by the legal parent or guardian of the child: (1) In favor of that legal parent or guardian, with the express stipulation that neither this nor any other provision of the surrender shall be deemed to impair the validity, absolute finality, or totality of the surrender under any other circumstance, once the revocation period has elapsed; (2) In favor of the licensed child-placing agency designated in the surrender of rights, if any; or (3) If the legal parent or guardian is not designated and no child-placing agency is designated in the surrender of rights, or if the designated child-placing agency de clines to accept the child for placement for adoption, in favor of the department for placement for adoption". By striking line 11 of page 9 and inserting in lieu thereof the following: "surrender the child to as follows: (Mark one of the following as chosen) I wish the child returned to me, and I expressly acknowledge that this provi sion applies only to the limited circumstance that the child is not adopted by the person or persons designated herein and further that this provision does not im pair the validity, absolute finality, or totality of this surrender under any circum- WEDNESDAY, MARCH 24, 1999 1953 stance other than the failure of the designated person or persons to adopt the child and that no other provision of this surrender impairs the validity, absolute finality, or totality of this surrender once the revocation period has elapsed; or I surrender the child to (insert name of designated". By striking line 13 of page 9 and inserting in lieu thereof the following: "agency, for placement for adoption; or I surrender the child to the Department of". Senator Meyer von Bremen of the 12th offered the following amendment: Amend the Land, Meyer von Bremen amendment to the committee substitute to HB 218 by adding on page 2 line 10 after the word "insert" the word "the". Senator Johnson of the 1st offered the following amendment: Amend the committee substitute to HB 218 by adding on page 21 after line 20: "(c) It is the expressed intent of the General Assembly that the best interest of Georgia's children is to limit adoption of minors to legally married couples." Senator Johnson of the 1st offered the following amendment: Amend the Johnson of the 1st amendment to the committee substitute by adding after "couples" before the period, "unless an immediate family member desires to adopt the child." Senator Price of the 56th offered the following amendment: Amend the Johnson of the 1st amendment to the committee substitute to HB 218 by striking on line 3 the second "the" and adding on line 3 in lieu thereof the word "this" Senator Meyer von Bremen of the 12th moved that HB 218 be placed on the Table. On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 218 was placed on the Table. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate: SB 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. The Speaker has appointed on the part of the House, Representatives Buck of the 135th, Royal of the 164th, and Scarlett of the 174th The House has agreed to the Senate amendments, as amended by the House, to the fol lowing bills of the House: 1954 JOURNAL OF THE SENATE HB 210. By Representatives Walker of the 141st, Parrish of the 144th, Floyd of the 138th and others: A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Geor gia Annotated, relating to motor vehicle sales financing, so as to provide that certain amounts will be included within the definition of "cash sale price" and may be financed; to provide that Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, and Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, shall not apply to retail installment transactions. HB 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. 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 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. The Speaker has appointed on the part of the House, Representatives Holmes of the 53rd, Hudson of the 120th and Watson of the 70th. The House has agreed to the Senate amendments, as amended by the House, to the fol lowing bill of the House: HB 717. By Representatives Harrell of the 62nd, Randall of the 127th, Trense of the 44th and others: A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Anno tated, relating to general provisions regarding health, so as to provide for leg islative findings and intent; to establish an advisory committee on newborn in fants and provide for its selection, compensation, powers, qualifications, and duties. The House insists on its position in disagreeing to the Senate amendment 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 256. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th: WEDNESDAY, MARCH 24, 1999 1955 A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for consent to admission to or discharge from a health care facility or placement or transfer to another health care facility or place ment for adults unable to consent. The Speaker has appointed on the part of the House, Representatives Martin of the 47th, Reichert of the 126th and Stuckey of the 67th. The following bills were taken up to consider House action thereto: 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. Senator Thomas of the 54th moved that the Senate adhere to its substitute to HB 855 and that a Conference Committee be appointed. On the motion, the yeas were 40, nays 0; the motion prevailed, and the President ap pointed as a Conference Committee the following Senators: Marable of the 52nd, Walker of the 22nd and Dean of the 31st. 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. The House substitute was as follows: A BILL To be entitled an Act to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to change the definition of a certain term; to require wireless service sup pliers to provide certain information to the Georgia Emergency Management Agency; to change provisions regarding the subscribers from whom a monthly wireless enhanced "911" charge may be collected; to provide for the collection and remittance of wireless en hanced "911" charges, under certain circumstances, in counties where the governing au thorities of more than one local government have adopted resolutions to impose such a charge; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number '911' Service Act of 1977," is amended in Code Section 46-5-122, relating to definitions, by striking in its entirety paragraph (14) and inserting in lieu thereof a new paragraph (14) to read as follows: 1956 JOURNAL OF THE SENATE "(14) "Wireless telecommunications connection' means any mobile station for wire- leSS Service wlui^li is ^ieibigiitiu CL ijuiiiud lAiiiLmiiuig tin cti'ca iAjilc aDSigiicil Lu ^Jcuigia by llm NuiLli AuiKiicdii Nuiubwiiiy Plan Adiumiulialui that connects a provider of wireless service to a provider of local exchange telephone service." SECTION 2. Said part is further amended in Code Section 46-5-124, relating to guidelines for imple menting a state-wide emergency telephone number "911" system, by adding a new sub section (d) to read as follows: "(d) The agency shall maintain the registry of wireless service suppliers provided for in Code Section 46-5-124.1." SECTION 3. Said part is further amended by adding following Code Section 46-5-124 a new Code sec tion, to be designated as Code Section 46-5-124.1, to read as follows: "46-5-124.1. (a) Any wireless service supplier that provides wireless service or is authorized to pro vide wireless service in Georgia shall register the following information with the director: (1) The name, address, and telephone number of the representative of the wireless service supplier to whom the resolution adopted pursuant to Code Section 46-5-133 or other notification of intent to provide automatic number identification or auto matic location identification, or both, of a wireless telecommunications connection should be submitted; (2) The name, address, and telephone number of the representative of the wireless service supplier with whom a local government must coordinate to implement auto matic number identification or automatic location identification, or both, of a wire less telecommunications connection; (3) The counties in Georgia in which the wireless service supplier is authorized to provide wireless service; and (4) Every corporate name under which the wireless service supplier is authorized to provide wireless service in Georgia. (b) A wireless service supplier shall notify the director of any change to the informa tion described in subsection (a) of this Code section within 30 days of such change." SECTION 4. Said part is further amended by striking in its entirety subsection (a) of Code Section 46-5-133, relating to the authority of a local government to adopt a resolution imposing a monthly "911" charge, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Subject to the provisions of subsection (b) of this Code section, the governing au thority of any local government which operates or which contracts for the operation of an emergency '911' system is authorized to adopt a resolution to impose a monthly '911' charge upon each exchange access facility subscribed to by telephone subscribers whose exchange access lines are in the areas served or which would be served by the '911' service. Subject to the provisions of subsection (b) of this Code section and of subparagraphs (a)(2)(A) and (a)(2)(B) of Code Section 46-5-134, the governing authority of any local government which operates or contracts for the operation of an emergency '911' system which is capable of providing or provides enhanced '911' service to per- WEDNESDAY, MARCH 24, 1999 1957 sons or entities with a wireless telecommunications connection, excluding a military base, is authorized to adopt a resolution to impose a monthly wireless enhanced '911' charge upon each wireless telecommunications connection subscribed to by telephone subscribers whose billing address is within the jmisdktiun uf the lucal government geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency '911' system. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the '911' charge or wireless enhanced '911' charge, as provided in the resolution, shall become effective; provided, however, that such effec tive date shall be at least 120 days following the date of the adoption of such resolu tion or any amendment to such resolution by the local government. The '911' charge must be uniform, may not vary according to the type of exchange access facility used, and may be billed on a monthly or quarterly basis. The wireless enhanced '911' charge must be uniform, not vary according to the type of wireless telecommunications connection used, and may be billed on a monthly or quarterly basis." SECTION 5. Said part is further amended in Code Section 46-5-134, relating to the billing of sub scribers, by striking in its entirety paragraph (2) of subsection (a) and inserting in lieu thereof a new paragraph (2) to read as follows: "(2)(A) If the governing authority of a local government operates or contracts for the operation of an emergency '911' system which is capable of providing or pro vides automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which receives a '911' call from a wireless telecommunications connection, the subscriber of a wireless telecommuni cations connection whose billing address is within the jurisdiction uf sudi local government geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency '911' sys tem may be billed for the monthly wireless enhanced '911' uhaiges charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced '911' charge may not exceed the amount of the monthly '911' charge imposed upon subscribers of exchange access facilities pursuant to para graph (1) of this subsection and, in no event, shall such wireless enhanced '911' charge exceed $1.00 per month per wireless telecommunications connection pro vided to the telephone subscriber. (B) On and after October 1, 2001, if the governing authority of a local government operates or contracts for the operation of an emergency '911' system which is ca pable of providing or provides automatic number identification and automatic lo cation identification of a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the ju= riadictiun uf such lucal government geographic area that is served by the local gov ernment or that would be served by the local government for the purpose of such an emergency '911' system may be billed for the monthly wireless enhanced '911' charges charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced '911' charge may not exceed the amount of the monthly '911' charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and shall be imposed on a monthly basis for each wireless telecommunications connection provided to the telephone subscriber. 1958 JOURNAL OF THE SENATE (C) All wireless telecommunications connections billed to federal, state, or local governments shall be exempt from the wireless enhanced '911' charge. Each wire less service supplier shall, on behalf of the local government, collect the wireless enhanced '911' charge from those telephone subscribers whose billing address is within the jurisdiction uf the local government geographic area that is served by the local government or that would be served by the local government for the pur pose of such an emergency '911' system. As part of its normal billing process, the wireless service supplier shall collect the wireless enhanced '911' charge for each month a wireless telecommunications connection is in service, and it shall list the wireless enhanced '911' charge as a separate entry on each bill. If a wireless ser vice supplier receives partial payment for a bill from a telephone subscriber, the wireless service supplier shall apply the payment against the amount the tele phone subscriber owes the wireless service supplier first." SECTION 6. Said part is further amended by adding a new Code section, to be designated as Code Section 46-5-134.1, to read as follows: "46-5-134.1. (a) This Code section shall apply in counties where the governing authorities of more than one local government have adopted a resolution to impose a wireless enhanced '911' charge in accordance with the provisions of subsection (a) of Code Section 46-5133 and notwithstanding any contrary provision of Code Section 46-5-133 or 46-5-134. (b) A wireless service supplier may certify to any of the governing authorities de scribed in subsection (a) of this Code section that the wireless service supplier is una ble to determine whether the billing addresses of its subscribers are within the geo graphic area that is served by such local government. Upon such certification, the wireless service supplier shall be authorized to collect the wireless enhanced '911' charge from any of its subscribers whose billing address is within the county and is within an area that is as close as reasonably possible to the geographic area that is served by such local government. The wireless service supplier shall notify such sub scribers that if such subscriber's billing address is not within the geographic area served by such local government, such subscriber is not obligated to pay the wireless enhanced '911' charge. (c) Unless otherwise provided in an agreement among the governing authorities de scribed in subsection (a) of this Code section, the charges collected by a wireless ser vice supplier pursuant to this Code section shall be remitted to such governing author ities based upon the number of calls from wireless telecommunications connections that each such individual local government receives and counts relative to the total number of calls from wireless telecommunications connections that are received and counted by all of such local governments. (d) The authority granted to a wireless service supplier pursuant to this Code section shall terminate (1) on the date that the wireless service supplier certifies to a gov erning authority described in subsection (a) of this Code section that the wireless ser vice supplier is able to determine whether the billing addresses of its subscribers are within the geographic area that is served by such governing authority or (2) on the date which is 180 days from the date that any of its subscribers were first billed under this Code section, whichever is earlier. Upon termination of such authority, the wireless service supplier shall collect the wireless enhanced '911' charge as provided in Code Section 46-5-134." WEDNESDAY, MARCH 24, 1999 1959 SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Madden of the 47th moved that the Senate agree to the House substitute to SB 170. On the motion, a roll call was taken, and the vote was as follows: Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey 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 EX Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Stokes Y Streat Tanksley Y Tate Y Thomas.D Y Thomas,N Thompson EX Walker Y Williams On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 170. HB 699. By Representatives Royal of the 164th, Shanahan of the 10th, Smith of the 12th and others: A bill to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Geor gia Annotated, relating to county and municipal service delivery strategies, so as to change certain provisions regarding criteria in developing such service delivery strategies; to change certain provisions regarding limitation of fund ing for projects which are not included in or which are inconsistent with a ser vice delivery strategy. The House amendment was as follows: Amend the Senate amendment to HB 699 by inserting at the end thereof the following: "By adding at the end of line 7 of page 1 the following: to amend Code Section 50-4-7, relating to state service delivery regions, so as to change the boundaries of certain such regions;'. By adding immediately after Section 2 a new Section 2.1 to read as follows: 'SECTION 2.1. Code Section 50-4-7, relating to state service delivery regions, is amended by striking paragraphs (7), (9), and (12) of subsection (a) and inserting in their respective places new paragraphs to read as follows: 1960 JOURNAL OP THE SENATE "(7) State Service Delivery Region 7 shall be composed of Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Screven, Taliaferro, Warren, Washington, and Wilkes counties;"' "(9) State Service Delivery Region 9 shall be composed of Appling, Bleckley, Candler, Dodge, Emanuel, Evans, Jeff Davis, Johnson, Laurens, Montgomery, Tattnall, Telfair, Toombs, Treutlen, Wayne, Wheeler, and Wilcox counties;" "(12) State Service Delivery Region 12 shall be composed of Bryan, Bulloch, Camden, Chatham, Effingham, Evans, Glynn, Liberty, Long, and Mclntosh, 3cievii, aud Taltuall counties." By inserting in the title of said bill, immediately before the phrase 'to repeal conflicting laws;' the following: 'to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds, so as to provide requirements for pen sion obligation bonds; to define certain terms; to provide that no political subdivision shall issue any pension obligation bond without a certain certification of the state au ditor; to provide that no governmental entity, authority, or retirement or pension fund shall purchase any pension obligation bonds; to provide for a reserve fund;' By inserting immediately before the last section of said bill the following: 'SECTION A. Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds, is amended by inserting at the end thereof the following: "36-82-9. (a) As used in this Code section, the term: (1) 'Annual savings' means the difference between the annual debt service payments on pension obligation bonds and the annual required contribution to fund the un funded actuarial accrued liability of the pension fund. (2) 'Level debt structure' means the establishment of a bond repayment schedule that requires equal annual debt service payments, including both principal and in terest, over the life of the debt issue. (3) Tension obligation bond' means a bond issued as a general obligation bond in accordance with the provisions of this chapter, the proceeds of which are deposited with the government's retirement system administrator to liquidate, in whole or in part, the government's unfunded accrued actuarial liability to the government's re tirement plan. (b) No political subdivision shall issue any pension obligation bond unless the state auditor has certified that such bonds comply fully with the provisions of this Code section. (c) All pension obligation bonds shall: (1) Be general obligation bonds subject to the provisions of the Constitution of Geor gia and this chapter relating to general obligation bonds; (2) Be included as a component of the total debt of the political subdivision subject to the debt limits provided in Article DX, Section V of the Constitution of Georgia; (3) Be issued on a competitive basis; (4) Specify a level debt structure; and WEDNESDAY, MARCH 24, 1999 1961 (5) Specify a maturity not longer than 20 years. (d) An amount not less than 5 percent of the annual savings shall be deposited into a reserve fund as protection against changes that might impact the future financial con dition of the pension system. (e) Neither the political subdivision issuing pension obligation bonds nor any depart ment, agency, authority, retirement system, or pension fund of such political subdivi sion shall purchase the pension obligation bonds so issued."'" Senator Price of the 28th moved that the Senate disagree to the House amendment to the Senate amendment to HB 699. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate amendment to HB 699. 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. The House amendment was as follows: Amend the Senate substitute to HB 80 by striking lines 1 through 3 on page 1 and in serting in lieu thereof the following: "To amend Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to sureties, so as to change the amount which sureties on criminal bonds may charge as compensation from defendants or from anyone acting for defendants; to reg ulate bail bond recovery agents; to". By striking lines 21 and 22 of page 1 and inserting in lieu thereof the following: "for bail recovery agents; to provide for civil". By striking lines 27 through 29 on page 1 and inserting in lieu thereof the following: "Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to sureties, is amended by striking subsection (a) of Code Section 17-6-30, relating to fees of sureties, and inserting in lieu thereof a new subsection (a) to read as follows: '(a) Sureties on criminal bonds in any court shall not charge or receive more than 40 12 percent of the principal amount of the bonds set in the amount of $10,000.00 or less and shall not charge or receive more than 15 percent of the principal amount of bonds set in an amount in excess of $10,000.00 as compensation from defendants or from anyone acting for defendants.' SECTION 1.1. Said article is further amended by adding at the end of Part 2, relating to professional bondsmen, three new". By striking line 36 of page 3 through line 3 of page 4. By striking the designation "(e)" on line 4 of page 4 and inserting in lieu thereof the des ignation "(d)". Senator Kemp of the 3rd moved that the Senate agree to the House amendment to the Senate substitute to HB 80. On the motion, a roll call was taken, and the vote was as follows: 1962 JOURNAL OF THE SENATE Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Egan Y Fort Y Gillis Y Gingrey Golden Y Guhl Harbison 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 EX Marable Y Meyer von Bremen Y Perdue Polak N Price,R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Stephens Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Thompson EX Walker Y Williams On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 80. 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. Senator Hill of the 4th moved that the Senate recede from its amendment to HB 727. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th N Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis N Gingrey Y Golden Y Guhl Harbison Hecht Y Hill Y Hooks Y Huggins Y Jackson N James Y Johnson,D Johnson.E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden EX Marable Y Meyer von Bremen Y Perdue Y Polak Y Price.R Y Price,T Y Ragan Y Ray Y Roberts Y Scott Y Smith Y Starr Y Stephens Stokes Y Streat Y Tanksley Y Tate N Thomas,D Thomas,N Thompson WEDNESDAY, MARCH 24, 1999 1963 EX Walker Y Williams On the motion, the yeas were 44, nays 4; the motion prevailed, and the Senate receded from its amendment to HB 727. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: 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 following bills were taken up to consider House action thereto: 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. Senator James of the 35th moved that the Senate adhere to its substitute to HB 530 and that a Conference Committee be appointed. On the motion, the yeas were 37, nays 0; the motion prevailed, and the President ap pointed as a Conference Committee the following Senators: James of the 35th, Tate of the 38th and Ray of the 48th. 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 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 House amendment was as follows: Amend SB 1 by adding immediately before the quotation mark on line 11 of page 3 the following: 1964 JOURNAL OF THE SENATE "In the event that the funds appropriated or otherwise available in any fiscal year for purposes of this paragraph are sufficient to implement this paragraph in some but not all judicial circuits, the Judicial Council of Georgia shall designate the judicial circuits in which this paragraph shall be implemented for such fiscal year." Senator Hecht of the 34th moved that the Senate agree to the House amendment to SB 1. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Dean Y Egan Y Fort Gillis Y Gingrey Y Golden Y Guhl 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 Lee Y Madden EX Marable Y Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Scott Y Smith Starr Y Stephens Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson EX Walker Y Williams On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 1. 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 House amendment was as follows; Amend SB 150 by striking "Article 2 of* on line 1 of page 1. By striking "coroners' death investigations" on lines 2 and 3 of page 1 and inserting in lieu thereof "coroners". By inserting after "so as" on line 3 of page 1 "to change certain provisions relating to election and qualifications for office; to change certain provisions relating to fees;". By inserting after "attorney;" on line 9 of page 1 "to provide effective dates;". By redesignating Sections 1 and 2 as Sections 3 and 5, respectively. WEDNESDAY, MARCH 24, 1999 1965 By inserting between lines 11 and 12 of page 1 the following: "SECTION 1. Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking subsection (b) of Code Section 45-16-1, relating to election and qualifications for office, and inserting in lieu thereof the following: '(b)(l) No person shall be eligible to offer for election to or to hold the office of coro ner unless he or she: (A) Is a citizen of the United States; (B) Is a resident of the county in which he or she seeks the office of coroner for at least two years prior to his or her qualifying for the election to the office and re mains a resident of such county during his or her term of office; (C) Is a registered voter; (D) Has attained the age of 25 years prior to the date of the general primary in the year he or she qualifies for election to the office; (E) Has obtained a high school diploma or its recognized equivalent. This subparagraph shall not apply to any person serving as a coroner on July 1, 1980; (F) Has not been convicted of a felony offense or any offense involving moral tur pitude contrary to the laws of this state, any other state, or the United States; and (G) Has successfully completed the next scheduled class no longer than 180 days after such person's election or appointment a basic training course provided by the Georgia Police Academy, but the affidavit required by paragraph (2) of this sub section shall not be required to affirm that the requirements of this subparagraph have been met at the time of qualifying for the office of coroner. (2) Each person offering his or her candidacy for the office of coroner shall file an affidavit with the officer before whom such person has qualified to seek the office of coroner prior to or at the time for qualifying, which affidavit shall affirm that he or she meets all of the qualifications required pursuant to paragraph (1) of this subsection.' SECTION 2. Chapter 16, Article I of Title 45 is hereby amended by adding to O.C.G.A. Code Section 45-16-7 a new subsection (c) which shall provide as follows: '(c) Notwithstanding any law to the contrary, there shall be appointed only one deputy coroner, and, on and after July 1, 1999, there shall only be one deputy coroner in each such county unless otherwise approved by the local governing authority of the county.' SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 45-16-27, re lating to examinations, inquests, and fees, and inserting in lieu thereof the following: '(b) Effective Januaiy 1, 1989 On and after the effective date of this subsection, coro ners shall be entitled to an investigation fee of $100.00 $125.00 where no jury is im paneled ami or a fee of $100.00 $250.00 where a jury is impaneled and shall be paid upon receipt of a monthly statement to the county treasury. A deputy coroner shall receive the same fee as the coroner for the performance of services in place of the coro ner and shall be paid upon receipt of a monthly statement to the county treasury. Such fee shall be paid within ten days after receipt of the coroner's monthly statement 1966 JOURNAL OF THE SENATE by the county where the investigation or inquest is held except in counties where the coroner receives an annual salary, in which case no fee shall be imposed upon the county by such salaried coroner or deputy coroner."*. By striking lines 13 through 15 of page 1 and inserting in lieu thereof the following: "Said chapter is further amended by striking Code". By inserting between lines 14 and 15 of page 2 the following: "SECTION 4. This Act shall become effective on July 1, 1999; except that Sections 1 and 2 of this Act shall become effective on January 1, 2000.". Senator Thompson of the 33rd moved that the Senate agree to the House amendment to SB 150. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Bowen Y Broun, 46th Brown, 26th Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Dean 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 EX 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 Stokes Y Streat Y Tanksley Y Tate Y Thomas.D Y Thomas,N Y Thompson EX Walker Y Williams On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 150. HB 210. By Representatives Walker of the 141st, Parrish of the 144th, Floyd of the 138th and others: A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Geor gia Annotated, relating to motor vehicle sales financing, so as to provide that certain amounts will be included within the definition of "cash sale price" and may be financed; to provide that Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, and Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, shall not apply to retail installment transactions. The House amendment was as follows; Amend the Senate amendment to HB 210 by adding at the end thereof the following: WEDNESDAY, MARCH 24, 1999 1967 "By striking lines 1 and 2 of page 1 and inserting in lieu thereof the following: To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change certain provisions relating to motor vehicle sales financing and ticket scalping; to amend the provisions of said chapter re lating to motor vehicle sales'. By adding after the word and symbol 'transactions;' on line 10 of page 1 the following: to amend the provisions of said chapter relating to ticket scalping, so as to change the provisions relating to the sale of tickets to athletic contests and entertainment events; to define certain terms; to restrict the sale of tickets to athletic contests and entertain ment events at a price in excess of the price printed on the ticket; to provide an excep tion with respect to a ticket broker who meets certain qualifications and certain per sons who are the purchasers of tickets to an athletic contest or entertainment event; to authorize certain service charges on the sale of tickets to athletic contests or en tertainment events; to require advertising of events to include certain information re lating to service charges; to provide requirements for ticket brokers; to prohibit certain conduct by ticket brokers; to provide that no laws shall prohibit resales of tickets; to provide that charitable organizations and their employees and volunteers shall not be subject to ticket scalping laws under certain circumstances; to provide for enforcement; to provide for related matters; to provide for the applicability of said provisions to acts occurring before July 1, 2002;'. By striking lines 15 through 17 of page 1 and inserting in lieu thereof the following: 'Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended in Article 2, relating to motor vehicle sales financ ing, by striking paragraphs (1) and (13) of. By striking line 15 of page 2 and inserting in lieu thereof the following: 'Said chapter is further amended in said article by adding between Code'. By striking line 33 of page 2 and inserting in lieu thereof the following: 'Said chapter is further amended in said article by striking Code Section'. By striking line 38 of page 3 and inserting in lieu thereof the following: 'Said chapter is further amended by adding at the end of said article'. By redesignating Sections 5 and 6 as Sections 6 and 7, respectively. By adding between lines 16 and 17 of page 4 the following: 'SECTION 5. Said chapter is further amended in Article 12, relating to ticket scalping, by striking Code Section 10-1-310, regarding the prohibition against scalping tickets for certain ath letic contests or entertainment events, and inserting in lieu thereof a new Code Section 10-1-310 to read as follows: "10-1-310. (a) As used in this article, the term: (1) 'Administrator1 means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or the administrator's delegate. (2) 'Charitable organization' means any benevolent, philanthropic, religious, or elee mosynary organization which is exempt from taxation under federal and Georgia law. 1968 JOURNAL OF THE SENATE (3) 'Charitable purposes' means purposes which further the mission of the charita ble organization. (4) 'Ticket broker' means any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, or other en tertainments, amusements, or exhibitions to which the general public is admitted and who charges a premium in excess of the price of the ticket. The term ticket bro ker shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held or the sponsor of such a contest or event or the authorized ticketing agent of such persons. (b) Except as provided in paragraphs (1) and (2) of subsection (h) of this Code section, it shall be unlawful for any person other than a ticket broker to resell or offer for re sale any ticket of admission or other evidence of the right of entry to any athletic con tests, concerts, theater performances, or other entertainments, amusements, or exhibi tions to which the general public is admitted for a price in excess of the price printed on the ticket. Notwithstanding any other provision of this article to the contrary, a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located. Notwithstanding any other provisions of this article to the contrary, the owner, operator, lessee, or tenant of the property on which such athletic contest or entertainment event is to be held or is being held or the sponsor of such contest or event may charge or may authorize, in writing, any person to charge a service charge for the sale of such ticket, privilege, or license of admission in addition to the price printed on the ticket. Such writing granting authority to an other shall specify the amount of the service charge to be charged for the sale of each ticket, privilege, or license of admission. (c) Any advertisement, announcement, or poster for any contest or event covered by this Code section which includes the price of admission shall specify the amount of the service charge to be charged for the sale or reselling of each ticket, privilege, or license of admission and such advertisement shall be clearly and conspicuously stated. (d) In order to engage in the practice or business of a ticket broker a person shall be required to: (1) Maintain a permanent office or place of business in this state, excluding a post office box, for the purpose of engaging in the business of a ticket broker; (2) Obtain any business license required by a local government; (3) Register for sales and use tax purposes pursuant to Article 1 of Chapter 8 of Ti tle 48; and (4) Provide satisfactory evidence to the administrator that the ticket broker has posted or has made provision for the posting of a bond. The required bond shall be executed in favor of the state, in the amount of $150,000.00, with a surety company authorized to do business in this state and conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of this Code section. (e) No person shall engage in the practice or business of a ticket broker, or be em ployed as general manager for a person engaged in the practice or business of a ticket broker, who has been convicted of a felony and who has not been pardoned or had his or her civil rights restored. WEDNESDAY, MARCH 24, 1999 1969 (f) The ticket broker shall be required to: (1) Post at its established place of business the terms of the purchaser's right to cancel the purchase of a ticket from a ticket broker; (2) Disclose to the purchaser the refund policy of the ticket broker should an ath letic contest or entertainment event be canceled; and (3) Disclose to the purchaser in writing the difference between the price printed on the ticket and the amount which the ticket broker is charging for such ticket. (g)(l) A ticket broker shall be prohibited from employing any agents or employees for the purpose of making future purchases of tickets from the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held. (2) Unless a ticket broker has a written contract with the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held, which contract authorizes the ticket broker to resell more than 1 percent of the tickets allocated for such event, the ticket broker, including any affiliated group of ticket brokers, shall be prohibited from acquiring and reselh'ng in excess of 1 per cent of the total tickets allocated for the contest or event. (3) Unless otherwise provided in a written agreement between a ticket broker and the purchaser, a ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the purchaser returns the ticket and re quests a cancellation of the sale thereof within 36 hours from the time of purchase of the ticket and if such return is made more than 72 hours preceding the athletic contest or entertainment event. (4) A ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the athletic contest or entertainment event is canceled and not rescheduled. (5) If a ticket broker guarantees in writing delivery of a ticket or tickets to an ath letic contest or entertainment event as provided under this article to a purchaser and fails to complete such delivery, the ticket broker shall be required to provide within 15 days a full refund of any amount paid by the purchaser and, in addition, shall pay the purchaser a refund fee of three tunes the amount paid by the pur chaser for each such ticket. (h)(l) No provision of this article or any other provision of law shall prohibit any person who is the original purchaser for personal use of tickets to an athletic contest or entertainment event covered under subsection (b) of this Code section from resel ling or offering for resale any of such tickets for any price, provided that such per son does not sell or offer to sell such tickets within 200 feet of a ticket office for such a contest or event or a public entrance to such a contest or event. (2) Charitable organizations and their employees and volunteers shall not be subject to the provisions of this Code section when offering for sale any tickets of admission to the highest bidder in a raffle, auction, or similar fundraising activity for the bene fit of the organization's charitable purposes. (i) In addition to criminal prosecutions under Code Section 10-1-311, the provisions of this article shall be enforced by the administrator. The administrator shall be author ized to exercise all powers and to impose civil penalties as provided in Code Section 10-1-397 in enforcing the provisions of this article. 1970 JOURNAL OF THE SENATE (j) The provisions of this Code section shall apply only with respect to acts occurring on or after the effective date of this Code section and before July 1, 2002."'" Senator Scott asked for a ruling of the Chair as to the germaneness of the House amendment. The President ruled the House amendment not germane and pursuant to Senate Rule 153, the Senate disagreed to the House amendment to the Senate amend ment to HB 210. HB 211. By Representatives Walker of the 141st and Buck of the 135th: A bill to amend Article 6 of Chapter 3 of Title 20 of the Official Code of Geor gia Annotated, the "Private Colleges and Universities Authority Act," so as to change the definition of the term "institution of higher education" for purposes of said article; to thereby change the scope and operation of said article. Senator Hill of the 4th moved that the Senate adhere to its amendment to HB 211, and that a Conference Committee be appointed. On the motion, the yeas were 31, nays 0; the motion prevailed, and the President ap pointed as a Conference Committee the following: Senators Hill of the of the 4th, Perdue of the 18th and Gillis of the 20th. HB 256. By Representatives Martin of the 47th, Bordeaux of the 151st and Alien of the 117th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for consent to admission to or discharge from a health care facility or placement or transfer to another health care facility or place ment for adults unable to consent. Senator Polak of the 42nd moved that the Senate adhere to its amendment to HB 256, and that a Conference Committee be appointed. On the motion, the yeas were 34, nays 0; the motion prevailed, and the President ap pointed as a Conference Committee the following Senators: Polak of the 42nd, Hecht of the 34th and Ray of the 48th. 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 House amendment was as follows: Amend SB 139 by striking lines 1 through 3 on page 1 and inserting in lieu thereof the following: "To amend Article 1 of Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions applicable to the administration of mental health, mental retardation, substance abuse, and other disability services, so as to provide for guidelines for planning lists for the provision of certain disability services, when such WEDNESDAY, MARCH 24, 1999 1971 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; to provide". By adding at the end of line 7 on page 1 the following: "provide effective dates; to". By striking lines 11 through 14 on page 1 and inserting in lieu thereof the following: "Article 1 of Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions applicable to the administration of mental health, mental retar dation, substance abuse, and other disability services, is amended by adding at the end of Code Section 37-2-6, relating to community mental health, mental retardation, and substance abuse boards, a new subsection (j) to read as follows:" By renumbering Section 2 on page 1 as Section 4 and inserting between lines 29 and 30 on page 1 the following: "SECTION 2. Said article is further amended by adding in Code Section 37-2-7, relating to the state plan for disability services, a new subsection (b.l) to read as follows: '(b.l)(l) The plan shall include state-wide guidelines for short-term and long-term planning lists for the provision of requested disability services for persons whose disability is mental retardation or another neurologically disabling condition which requires treatment similar to that for the mentally retarded, when such services are not available at the time of such request. The guidelines shall provide for the com mencement of services, as soon as practicable but no later than 180 days following a request, to such persons who are placed on a short-term planning list. The guide lines shall also include criteria under which a person named on a planning list may obtain priority to receive the requested services when they become available and under which such persons not named on a planning list may receive requested ser vices in emergencies. (2) The plan shall include state-wide guidelines for a registry of persons who have been diagnosed with mental retardation or another neurologically disabling condi tion which requires treatment similar to that for the mentally retarded and wish to make such diagnosis known to the division and regional boards, but who have not yet requested disability services.' SECTION 3. Section 2 of this Act shall become effective only when funds are specifically appropriated for the purposes of Section 2 of this Act in an appropriations Act making specific refer ence to Section 2 of this Act. The remaining provisions of this Act shall become effective July 1, 1999." Senator Madden of the 47th moved that the Senate agree to the House amendment to SB 139. On the motion, 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 Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden 1972 JOURNAL OF THE SENATE 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 Scott Y Smith Starr Y Stephens Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 139. 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 House substitute was as follows: 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 provide that depositions may be taken before a court reporter who is a relative of a party or of counsel of a party in specified circumstances; to provide for penalties relating to the illegal conduct of court reporting firms; to require registration of court reporting firms; to authorize rules and regulations; to provide that court report ing firms are governed by laws governing court reporters; 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 action, excepting that a deposition may be taken before a court reporter who is a rela tive of a party or of an attorney or counsel of a party if all parties represented at the deposition enter their explicit consent to the same upon the record of the deposition." WEDNESDAY, MARCH 24, 1999 1973 SECTION 2. 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: "15-14-37. (a) Contracts for court reporting services not related to a particular case or reporting incident between a certified court reporter or any person with whom a certified court reporter has a principal and agency relationship and any attorney at law, party to an action, party having a financial interest in an action, or agent for an attorney at law, party to an action, or party having a financial interest in an action are prohibited. At torneys shall not be prohibited from negotiating or bidding reasonable fees for services on a case-by-case basis. (b) In order to comply with subsection (a) of this Code section, each certified court re porter shall make inquiry regarding the nature of the contract for his or her services directed to the employer or the person or entity engaging said court reporter's services as an independent contractor. (c) This Code section shall not apply to contracts for court reporting services for the courts, agencies, or instrumentalities of the United States or of the State of Georgia. (d) A court reporting firm doing business in Georgia shall register with the board by completing an application in the form adopted by the board and paying fees as re quired by the board. (e) Each court reporting firm doing business in Georgia shall renew its registration annually on or before April 1 following the date of initial registration, by payment of a fee set by the board. (f) Court reporting firms doing business in Georgia are governed by this article. The board shall have authority to promulgate rules and regulations not inconsistent with this article for the conduct of court reporting firms. (g) The board is authorized to assess a reasonable fine, not to exceed $5,000.00, against any court reporting firm which violates any provision of this article or rules and regulations promulgated in accordance with this Code section." SECTION 3. This Act shall become effective on the first day of July following its approval by the Gov ernor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Hecht of the 34th moved that the Senate agree to the House substitute to SB 259. On the motion, 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 EX Dean Y Egan Y Fort EX Gillis Y Gingrey Y Golden Y Guhl Y Harbison Y Hecht 1974 JOURNAL OF THE SENATE Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,D Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y Madden Y Marable Meyer von Bremen Y Perdue Y Polak Y Price,R Y Price.T Y Ragan Y Ray Y Roberts Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thompson Y Walker Y Williams On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 259. At 4:45 p.m., the President announced that the Senate would stand in recess until 5:30 p.m. The President called the Senate to order at 5:33 p.m. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate: SB 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 Speaker has appointed on the part of the House, Representatives Martin of the 47th, Alien of the 117th and Hammontree of the 4th. The House has agreed to Senate amendment No. 1, as amended by the House, and has agreed to Senate amendment No. 2, to the following bill of the House: HB 283. By Representative Jamieson of the 22nd: A bill to amend Article 10A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of heavy-duty equipment motor vehicles, so as to change certain provisions regarding the return of heavy-duty equipment motor vehicles for ad valorem taxation and collection of such tax. The House insists on its position in amending the Senate amendments, and has ap pointed a Committee of Conference on the part of the House to to confer with a like committee on the part of the Senate on the following bill of the House: WEDNESDAY, MARCH 24, 1999 1975 HB 699. By Representatives Royal of the 164th, Shanahan of the 10th, Smith of the 12th and others: A bill to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Geor gia Annotated, relating to county and municipal service delivery strategies, so as to change certain provisions regarding criteria in developing such service delivery strategies; to change certain provisions regarding limitation of fund ing for projects which are not included in or which are inconsistent with a ser vice delivery strategy. The Speaker has appointed on the part of the House, Representatives Stancil of the 16th, Shanahan of the 10th and Royal of the 164th. The House insists on its position in substituting the following bill of the Senate: SB 72. By Senators Hill of the 4th and Marable of the 52nd: A bill to amend Code Section 15-11-5 of the Official Code of Georgia Anno tated, relating to the jurisdiction of the juvenile court, so as to provide for the court's jurisdiction over certain proceedings initiated by local boards of educa tion; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for grants to schools and school systems which develop and implement certain compacts among teachers, students, and parents. The House has agreed to the Senate substitute, as amended by the House, to the follow ing bill of the House: HB 580. By Representatives Jenkins of the 110th, Poag of the 6th and Day of the 153rd: A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide that any county, mu nicipality, or other public subdivision of this state which has a law enforce ment agency shall declare a chief of police or a law enforcement head for such law enforcement agency who is required to be a certified peace officer pursu ant to the provisions of Chapter 8 of Title 35, known as the "Georgia Peace Of ficer Standards and Training Act". The following bill was taken up to consider House action thereto: HB 699. By Representatives Royal of the 164th, Shanahan of the 10th, Smith of the 12th and others: A bill to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Geor gia Annotated, relating to county and municipal service delivery strategies, so as to change certain provisions regarding criteria in developing such service delivery strategies; to change certain provisions regarding limitation of fund ing for projects which are not included in or which are inconsistent with a ser vice delivery strategy. Senator Dean of the 31st moved that the Senate adhere to its disagreement to the House amendment to the Senate amendment to HB 699 and that a Conference Commit tee be appointed. On the motion, the yeas were 31, nays 0; the motion prevailed, and the President ap pointed as a Conference Committee the following: Senators Price of the 28th, Dean of the 31st and Scott of the 36th. 1976 JOURNAL OF THE SENATE Senator Meyer von Bremen of the 12th moved that the following bill, having been placed on the Table earlier today, be taken from the Table. 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. On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 218 was taken from the Table and continued upon its passage. The substitute and amendments offered earlier today were put upon their adoption. Senator Johnson of the 1st asked unanimous consent that his amendments be with drawn. The consent was granted, and the Johnson of the 1st amendments were withdrawn. The amendment offered by Senator Price of the 56th to the Johnson of the 1st amend ment was moot. Senator Meyer von Bremen of the 12th asked unanimous consent that his amendment to the Land, Meyer von Bremen amendment be withdrawn. The consent was granted, and the amendment was withdrawn. On the adoption of the Land, Meyer von Bremen amendment, the yeas were 35, naysO, and the Land, Meyer von Bremen amendment to the committee substitute was adopted. On the adoption of the committee substitute, the yeas were 43, nays 0, and the commit tee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th 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 Y Thompson Walker Y Williams WEDNESDAY, MARCH 24, 1999 1977 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 bills were taken up to consider House action thereto: HB 502. By Representatives Lane of the 146th, Jamieson of the 22nd, Purcell of the 147th and others: A bill to amend Code Section 12-5-135 of the Official Code of Georgia Anno tated, relating to requirement of bond or letter of credit from a water well con tractor or driller, so as to provide that the bond or irrevocable letter of credit required by law shall have state-wide application. The House amendment was as follows: Amend the amendment to HB 502 (AM 21 0822) by striking lines 2 through 15 of page 1 and inserting in lieu thereof the following: "Amend HB 502 by striking line 17 of page 1 and inserting in lieu thereof the following: 'thereof; to prohibit acceptance of any bond or irrevocable letter of credit from any water well contractor or driller who drills any well or borehole for the purpose of in jecting any surface water into the floridan aquifer during a specified period; to repeal conflicting laws; and for other purposes.' By striking line 2 of page 2 and inserting in lieu thereof the following: "political subdivision thereof. (i) No bond or irrevocable letter of credit provided for in this Code section shall be ac cepted by the director from any water well contractor or driller who shall drill any well or borehole for the purpose of injecting any surface water into the floridan aquifer in any county governed by the Georgia coastal zone management program provided by Code Section 12-5-327 after July 1, 1999, and before December 31, 2002.'" Senator Blitch of the 7th moved that the Senate agree to the House amendment to the Senate amendment to HB 502. On the motion, a roll call was taken, and the vote was as follows: Y Balfour Y Blitch Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Butler 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 Stokes Y Streat Y Tanksley Y Tate 1978 JOURNAL OF THE SENATE Y Thomas,D Y Thomas,N Thompson Walker Y Williams On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 502. HB 283. By Representative Jamieson of the 22nd: A bill to amend Article IDA of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of heavy-duty equipment motor vehicles, so as to change certain provisions regarding the return of heavy-duty equipment motor vehicles for ad valorem taxation and collection of such tax. The House amendment was as follows: Amend the Senate amendment (AM 18 0710) to HB 283 by striking lines 5 and 6 of page 1 and inserting in their place the following: "to change certain provisions regarding the value of motor vehicles to be added to the tax digest; to change the manner and method of ad valorem taxation of mobile homes held by dealers for sale at wholesale or retail; to change a definition; to provide for taxation of such mobile homes like other taxable tangible personal property; to change certain provisions regarding issuance of location permits and decal display; to change certain provisions regarding ad valorem tax returns;". By striking line 27 of page 1 and inserting in its place the following: "shall constitute the tax digest.' SECTION 3B. Said Chapter 5 is further amended by striking paragraph (3) of Code Section 48-5-440, relating to definitions, and inserting in its place a new paragraph (3) to read as follows: '(3) "Mobile homes" means manufactured homes and relocatable homes as defined in Part 2 of Article 2 of Chapter 2 of Title 8. Any mobile home which qualifies the tax payer for a homestead exemption under the laws of this state shall not be consid ered a mobile home nor subject to this article. This article shall not apply to deal ers engaged in the business of selling mobile homes at wholesale or retail and every mobile home owned in this state on January 1 by a dealer shall be subject to ad valorem taxation in the same manner as other taxable tangible personal property.' SECTION 3C. Said chapter is further amended by striking Code Section 48-5-491, relating to taxation of mobile homes held by dealers, and inserting in its place a new Code Section 48-5-491 to read as follows: '48-5-491. \L) 1. Ol1 tile"jj u-ipGiise OI LlliS UGClti S^CtlOHj tilt; Lei'Hi ClGlIci iiibcliii)Q.Hy JJtil'SGll till^Jii^cil in the business uf selling mubile humes at wholesale ui inlail. t"D7 IVluUllfc liuiiicS OWilcu Dy Si utiy a LlccLlG J.1 lieu 1(J1 idu v aiui c tdAl 1/lUli, (L*C UCLACU., dliU. LllC 1 S U^ll 1111ibite-i 3-sllall bu cul -Hi t/idud iu Ui sectionr (c) All vvliulusalu cuiJ ieta*-Ae,aid o \Ji 111 ien w ui K. ucL^ \ji Ccl\;li uci jtnrn- iLui^ uii LlCi.) olldll 1 C LliCll 111 V C1J ilui^ shall b aLciilLiaLcu 1JJ ^"P- ci ly CACy ci Liccilci -st v LIL 11 Li. te- liuiilcS. ' t'CI "^IIL Ul UliC t60C0 -dne-i {U.) lilt! LCLA. C1U.LI.1U'i i Lico Ul CclLtll UL/UliLjr olitill ilcLciij1111c llic tcLH Jll COA-11 UC bile hon ate shall be ic eiL LIic BctULIC LcLA. 1 llli^UBCU. 1LJ11 uLllci LUL'Uilc livjlli,CB, wJ[ll^ll LeLA.cS i ui bcfuicHVfay-3-of-tte* ualciiuai jcdi. Eacii uiubile llumc icLu.ui lui in shall then be tred-f Ul LdA jj ui jijzscib ou LI Ib*H Ct^ll liiv tllcil be TMM--__ ;r oil -...j-,,._.i.,,^n^l----1-Q 1TM4_KTM,, ...;.] r...--a i.. n.; tl r*----m .. I...B......t article. V^T JUtiCll llcW illOulie llOillti 111 LlctllolL iiliu llut ciCLTJ.iilly 111 ci tlciilci & mVcllLui^ \jn Jclllll" Sl'y I OI biiCli ^ctti alltil1 iiut DC otiUjciiL Lu LeiJt.ctLiuii 101* LlliiL yticll1. Ue&Jfirs tilick11 tiuUilllL ^tt \J\JL tllciL cHCli SUCli liiuullc lluiilti W3.S dCLlifl.lly r^CtiVcu. alLcl tlilllUcii^ X , li/yO^ tlic ^OSiliuxi OI &ny COUiiCj^ tilc Lt2iiiit7i.it slictll uc utJcmtii viiCciilL U.JJO11 SuCil Hu^jcl'lllLtiiiutillL S ctclSUiiiin^ & JjOliLlC&l ^jctiL^y uffice. No person who holds elective office, as defined in this chapter and including every municipal office to which persons can be elected by a vote of the electors under the laws of this state but excluding the office of probate judge, shall be eligible to serve as county or municipal election superintendent during the term of such elective office; and the position of any election superintendent other than a probate judge shall be deemed vacant upon such superintendent's qualifying as a candidate for elective public office, as defined in this chapter and including any municipal office to which persons can be elected by a vote of the electors under the laws of this state." SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 21-2-131, re lating to the fixing, publishing, and manner of payment of qualifying fees, and inserting in lieu thereof the following: "(a) Qualification fees for party and public offices shall be fixed and published as follows: (1) The governing authority of any county or municipality, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county or municipal office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the total gross salary of the office paid in the preced ing calendar year including all supplements authorized by law if a salaried office; provided, however, that for the offices of clerk of the superior court, judge of the pro bate court, sheriff, tax commissioner, and magistrate, the qualifying fee shall be 3 percent of the minimum salary provided by general law for the office, exclusive of cost-of-living increases and longevity increases. If not a salaried office, a reasonable 2026 JOURNAL OF THE SENATE fee shall be set by the governing authority of such county or municipality, such fee not to exceed 3 percent of the income derived from such county office by the person holding the office for the preceding year or more than $35.00 for a municipal office; (2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate quali fying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his or her notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year; (3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than February 1 of the year in which the primary is to be held for the filling of such party office." SECTION 5. Said chapter is further amended by striking subsection (c) of Code Section 21-2-132, re lating to filing a notice of candidacy, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superin tendent, as the case may be, in the following manner: (1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candi dacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Mon day in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (2) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall comply with the following: WEDNESDAY, MARCH 24, 1999 2027 (A) In the case of a general election held in an odd-numbered year, the municipal qualifying period shall commence no earlier than 8:30 A.M. on the second Monday in September immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; (B) In the case of a general election held in an even-numbered year, the munici pal qualifying period shall commence no earlier than 8:30 A.M. on the last Mon day in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and (C) In the case of a special election, the municipal qualifying period shall com mence no earlier than the date of the call and shall end no later than 25 days prior to the election. The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Notice Except in the case of a special election, notice of the opening and closing dates and the hours for candi dates to qualify shall be published at least two weeks prior to the opening of the qualifying period." SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 21-2-133, re lating to notice of intent of write-in candidacy, and inserting in lieu thereof the following: "(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was given filed and published no earlier than Janu ary 1 and no later than the Tuesday after the first Monday in September prior to the election in the case of a general election or at least 20 or more days prior to a special election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows: (1) In a state general or special election, to notice shall be filed with the Secretary of State and by publication published in a paper of general circulation in the state; (2) In a general or special election of county officers, to notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and by publication published in the official organ of the same county; or (3) In a municipal general or special election, to notice shall be filed with the super intendent and by publication published in the official gazette of the municipality holding the election." SECTION 7. Said chapter is further amended by striking Code Section 21-2-135, relating to the desig nation of specific office sought when the office has multiple officeholders with the same title, and inserting in lieu thereof the following: "21-2-135. (a)(l) In the case of a public office having multiple officeholders with the same title, each candidate, including write-in candidates, shall, when. \i) *q Lieu. iXy in ^ wiLli illS ui liei jjtii L_y lH HieCctbc ul <1 primaiy, \2i) riliiig liis ul" llei ilutiCc ul CcUlulufclC_y 111 Llie i;8.S6 OI Ui elcCLiuil7 2028 JOURNAL OF THE SENATE \*j) JtViliil^ illS Ol* 161' liOLiCe Ol C&iluiu&Cy 111 Lllti tciot; ut & liOlljJiii LiHtili jji imai'^ , 3ItCt V*i/ J. lllJ,!^ 1118 Of ilfei* liOLiCe Ol CitliiliCleiOy lliOl'ti Llj.cu.1fci^riL Liiiico ^jci' ytz&l 1 3tSlitiCtit~ sary: In addition to its annual meeting, the board shall hold such other meetings as are necessary for the performance of its duties under this chapter. The members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. iiie t)0^c ui SL Cfel'Lciiii jrei'Ccj.iliii^i3j Llic melliud'jy OI Llic \jft;llt;riil Ariiici-i-il-'l^y oliclll 1'tiCtilVti a. COdt>~ul~liviU^ lliuiticifcic Ol Oiic~li